Skip to main content

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

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.

In the 65 days between now and then, the outgoing — or “lame duck” — Biden Administration will likely take steps to maximize its influence and legacy or preempt some Trump administration priorities. Here are three key areas where that may happen.

Judicial nominees


The Biden team has already begun pushing the Senate to confirm its roughly 30 pending judicial nominees for vacancies on the federal bench. This week, Senate Majority Leader Chuck Schumer said that he plans to devote “significant floor time” to the effort, but the Democrats’ slim majority in the Senate could slow down the fast-paced process that some in the party are hoping for. Any confirmations will come over the objections of President-elect Trump, who has suggested that judges should not be approved by a lame-duck administration.

Some in the judiciary bristle at the idea of “Trump judges” or “Biden judges,” as the role is supposed to be nonpartisan. Studies routinely find dramatic and persistent differences in case outcomes based on party affiliation, however, and the effect may be widening in step with increasing political polarization. Over the last two administrations, there have also been vast demographic differences in judicial picks based on the party that made the nomination, with the Biden administration selecting far more women and people of color.

Federal judges restricted hundreds of Trump administration policies during his first term, and will likely play a significant role in determining the trajectory of his second.

It’s not uncommon for judges to decide whether to retire based on the presidential administration that will be picking their replacement. This week in Ohio, a federal district judge who had planned to take “senior status” — a kind of semi-retirement — withdrew that decision, leaving one less vacancy for Trump to eventually fill. Many observers expect Supreme Court Justices Clarence Thomas and Samuel Alito — who are 76 and 74 years old, respectively — to retire during Trump’s next term, giving the president-elect the ability to make his fourth and fifth appointments to the court. Some have also suggested that 70-year-old Sonia Sotomayor, one of three liberal justices on the court, should retire now, to allow Joe Biden to appoint a younger replacement before Trump takes office. However, reports indicate that Sotomayor is not considering such a move.

Pardons and commutations


While court appointments require Senate confirmation, the president has the sole authority to issue pardons or shorten sentences for federal crimes. In the face of Trump’s frequent calls for retribution against his political enemies, Paul Rosenzweig argues in The Atlantic that Biden should preemptively pardon some of the figures Trump has in his sights. Rosenzweig, a law professor who served in the George W. Bush administration, names prominent Democrats, Republicans, military officials and former Trump administration members who testified against Trump during congressional hearings as possible pardon recipients.

Others are pushing for Biden to commute the sentences of people on federal death row to life in prison. Dozens of Catholic organizations are appealing to Biden on the basis of their shared religious faith. This kind of mass death-row clemency has been done before by several state governors.

In 2020, Biden ran on a campaign promise to end the federal use of the death penalty. While there have been no federal executions during his time in office, he did not take any steps that would prevent the Trump administration from picking up where it left off in 2020, executing people on death row at a rate not seen in generations — something Trump has indicated he plans to do.

Because of how slowly the death penalty appeals process moves, a commutation of all death row sentences would likely stop the Trump administration from completing any executions during this four-year term, assuming current legal precedents remain intact.

Abraham Bonowitz, the executive director of Death Penalty Action, a group that opposes capital punishment, told Newsweek that Biden has the chance “to take away one of the things Donald Trump loves, which is the power to execute people.”

Biden also has some 8,000 petitions for clemency from federal prisoners serving non-death penalty sentences that the president could either commute (shorten) or throw away with a pardon. To date, Biden has made much less use of this power than his predecessors, but it’s often in the waning days of a term that presidents use the power most.

Policing and prisons reform


It’s far less clear what the Biden administration can do to preserve its efforts to shepherd reforms in troubled police departments and prison systems. Under Biden, the Department of Justice’s Civil Rights Division has launched 12 investigations into local police departments to determine if they engage in a pattern or practice of civil rights violations.

In October, Reuters reported that only four of those investigations have been completed, and none of those have led to a final agreement, known as a consent decree, on how the department will be required to fix the problems — though two have produced preliminary agreements.

One of those two is Louisville, Kentucky. This week, Mayor Craig Greenberg said he would not commit to signing a final agreement before the Trump administration takes over. Minneapolis is the other city with a preliminary agreement, and there are doubts there, too, about whether an agreement will materialize, although city attorney Kristyn Anderson expressed hope to the Star-Tribune that it could be completed.

Under the first Trump administration, the Civil Rights Division largely stopped using these kinds of investigations. It’s expected that they will also halt such investigations in a second term. More than that, Trump and his allies have expressed a desire to “reorganize and refocus” the division, reported Vox in the days before the election, aiming to make it into “the vanguard” of the administration’s crusade against “an unholy alliance of special interests, radicals in government, and the far Left.”

Source: themarshallproject.org, Jamiles Lartey, November 16, 2024

_____________________________________________________________________








"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted."

— Oscar Wilde



Comments

Most viewed (Last 7 days)

Iraq executes a former senior officer under Saddam for the 1980 killing of a Shiite cleric

BAGHDAD (AP) — Iraq announced on Monday that a high-level security officer during the rule of Saddam Hussein has been hanged for his involvement in the 1980 killing of a prominent Shiite cleric. The National Security Service said that Saadoun Sabri al-Qaisi, who held the rank of major general under Saddam and was arrested last year, was convicted of “grave crimes against humanity,” including the killing of prominent Iraqi Shiite cleric Mohammed Baqir al-Sadr, members of the al-Hakim family, and other civilians.

Oklahoma executes Kendrick Antonio Simpson

McALESTER, Okla. (DPN) — Oklahoma executed Kendrick Antonio Simpson on Thursday for the 2006 drive-by shooting deaths of two men following a dispute at an Oklahoma City nightclub, marking the state's first lethal injection of the year and the nation's third. Simpson, 45, was pronounced dead at 10:19 a.m. at the Oklahoma State Penitentiary after receiving a three-drug cocktail, prison officials said. He had been convicted of first-degree murder in the killings of Anthony Jones, 19, and Glen Palmer, 20, who were shot while sitting in a car outside the club. Simpson admitted to firing into the vehicle, later telling authorities he was "compelled by paranoia."

China executes 11 members of gang who ran billion-dollar criminal empire in Myanmar

China has executed 11 members of the notorious Ming family criminal gang, who ran mafia-like scam centers in Myanmar and killed workers who tried to escape, Chinese state media reported on Thursday.  The Ming family was one of the so-called 4 families of northern Myanmar — crime syndicates accused of running hundreds of compounds dealing in internet fraud, prostitution and drug production, and whose members held prominent positions in the local government and militia aligned with Myanmar’s ruling junta. 

Georgia parole board suspends scheduled execution of Cobb County death row prisoner

The execution of a Georgia man scheduled for Wednesday has been suspended as the State Board of Pardons and Paroles considers a clemency application.  Stacey Humphreys, 52, would have been the state's first execution in 2025. As of December 16, 2025, Georgia has carried out zero executions in 2025. The state last executed an inmate in January 2020, followed by a pause due to COVID-19. Executions resumed in 2024, but none have occurred this year until now. Humphreys had been sentenced to death for the 2003 killings of 33-year-old Cyndi Williams and 21-year-old Lori Brown, who were fatally shot at the real estate office where they worked.

Iran | Teenage Protester Saleh Mohammadi Sentenced to Public Hanging

Iran Human Rights (IHRNGO); 12 February 2026: Saleh Mohammadi, a teenage protester and wrestler, has been sentenced to qisas (retribution-in-kind) for the murder of a policeman during the 8 January protest in Qom. The court rejected Saleh’s testimony that his confessions were obtained under torture, and ordered for his execution to be carried out publicly at the scene of the alleged crime.  On 4 February, IHRNGO issued a warning that, given the authorities’ systematic use of lethal force, reliance on torture-tainted confessions, disregard for due process and history of hasty and secret executions, detainees faced an escalating risk of mass death sentences, executions and extrajudicial killings.

Florida | Man convicted of leaving girl to be eaten by gators avoids death penalty

After about 4 hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock.  A South Florida man who dropped off a 5-year-old child in the Everglades to be eaten alive by gators nearly 3 decades ago was given a second chance at life as jurors recommended he should spend the rest of his life behind bars instead of being sent to death row. After about four hours of deliberations, jurors on Friday recommended Harrel Braddy should be sentenced to life in prison for the 1998 killing of 5-year-old Quantisha Maycock. 

Oklahoma board recommends clemency for inmate set to be executed next week

A voting board in Oklahoma decided Wednesday to recommend clemency for Tremane Wood, a death row inmate who is scheduled to receive a lethal injection next week at the state penitentiary in McAlester.  Wood, 46, faces execution for his conviction in the 2001 murder of Ronnie Wipf, a migrant farmworker, at an Oklahoma City hotel on New Year's Eve, court records show. The recommendation was decided in a 3-2 vote by the Oklahoma Pardon and Parole Board, consisting of five members appointed by either the governor or the state's top judicial official, according to CBS News affiliate KWTV. Oklahoma Gov. Kevin Sitt will consider the recommendation as he weighs whether to grant or deny Wood's clemency request, which would mean sparing him from execution and reducing his sentence to life in prison without the possibility of parole.

Federal Judge Rules Out Death Penalty for Luigi Mangione in UnitedHealth CEO Killing

NEW YORK — A federal judge has dismissed two charges against Luigi Mangione, the man accused of assassinating UnitedHealthcare CEO Brian Thompson, effectively removing the possibility of the death penalty in the high-profile case.  U.S. District Judge Margaret Garnett ruled Friday that the murder charge through use of a firearm — the only count that could have carried a capital sentence — was legally incompatible with the remaining interstate stalking charges against Mangione.

China executes another four members of powerful Myanmar-based crime family

China has executed another four members of a powerful Myanmar-based crime family that oversaw 41 pig butchering scam* compounds across Southeast Asia.   The executed individuals were members of the Bai family, a particularly powerful gang that ruled the Laukkai district and helped transform it into a hub for casinos, trafficking, scam compounds, and prostitution.  China’s Supreme People’s Court approved the executions after 21 members were charged with homicide, kidnapping, extortion, operating a fraudulent casino, organizing illegal border crossings, and forced prostitution. The court said the Bai family made over $4 billion across its enterprise and killed six Chinese citizens.

The US reporter who has witnessed 14 executions: ‘People need to know what it looks like’

South Carolina-based journalist Jeffrey Collins observed back-to-back executions in 2025 after the state revived the death penalty following a 13-year pause Jeffrey Collins has watched 14 men draw their final breaths. Over 25 years at the Associated Press, the South Carolina-based journalist has repeatedly served as an observer inside the state’s execution chamber, watching from feet away as prison officials kill men who were sentenced to capital punishment. South Carolina has recently kept him unusually busy, with seven back-to-back executions in 14 months.