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Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice.

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Judicial appointments and the death penalty are among areas where a lame-duck administration can still leave a mark. Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

Barack Obama on the Death Penalty

REP. ADAM SMITH (D), OBAMA SUPPORTER (answering on behalf of B. Obama): On the death penalty, he does not support completely banning the death penalty. What he supported was the moratorium that Illinois did when it was discovered that so many people had been falsely accused, had gotten very close to being executed on death row. He supports a more judicious use of the death penalty.

TUCKER CARLSON, MSNBC ANCHOR: Are these [his views]?

SMITH: He's been clear on that for quite some time.

CARLSON: So he's not against the death penalty philosophically. He just wants to make certain that it`s applied correctly and fair.

SMITH: Exactly.

CARLSON: OK.

SMITH: That we don't execute innocent people.

CARLSON: That's fine.

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