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)

US Department of Justice announces decision to resume federal executions

The Department of Justice (DOJ) announced on Friday that it will resume the federal use of capital punishment and that it is seeking death sentences against 44 defendants. DOJ also said that it will use firing squads, electrocution, or nitrogen asphyxiation if the drug used in lethal injection is unavailable. The announcement follows the Restoring and Strengthening the Federal Death Penalty report, published on April 24. The report is especially critical of the moratorium on federal executions, ordered by Attorney General Merrick Garland in July 2021, to remain until the death penalty could be conducted “fairly and humanely.” Garland was concerned about the federal lethal injection protocol, which uses only one drug, pentobarbital, and the possibility that it causes “unnecessary pain and suffering.” In response to Garland’s moratorium and concerns, President Biden commuted the sentences of 37 prisoners on federal death row, leaving only three prisoners.

Arizona | Man who murdered pastor crucifixion style requests plea deal after parents killed in plane crash

Adam Sheafe, the California man who admitted to killing a New River, Arizona, pastor in a crucifixion-style attack, has asked prosecutors to offer him a plea deal that would result in a natural life sentence rather than the death penalty he had previously sought. Advisory council attorneys representing Sheafe sent a formal plea offer to prosecutors this week, about two weeks after his father and stepmother died in a plane crash at Marana Airport on April 8, according to 12 News. Sheafe, 51, is charged with first-degree murder in the death of William Schonemann, 76, pastor of New River Bible Church, who was found dead inside his home last April.

China | Man sentenced to death for murder executed in Yunnan

Tian Yongming, who was initially sentenced for a series of violent crimes and then had his sentence changed to death early this year, has been executed in Yunnan province following approval from China's top court. The execution was carried out by the Intermediate People's Court in Yuxi, Yunnan, on Tuesday, with local prosecutors supervising the process. Before the execution, Tian was allowed to meet with his family members. The case dates back to September 1996, when Tian was sentenced to nine years in prison for the rape and attempted murder of his sister-in-law. After his release on July 15, 2002, he plotted revenge against the woman. On the night of Nov 13, 2002, he broke into her home armed with a knife.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

Man guilty of killing his 13-year-old step-niece is set to be Florida's 6th execution of 2026

A man convicted of beating and choking his 13-year-old step-niece to death is set to be executed in Florida STARKE, Fla. — A Florida man convicted of beating and choking his 13-year-old step-niece to death nearly 50 years ago is set to be executed Thursday evening. James Ernest Hitchcock, 70, is scheduled to receive a three-drug injection starting at 6 p.m. at Florida State Prison near Starke. Hitchcock was initially sentenced to death in 1977 after being convicted of first-degree murder in the July 31, 1976, killing of Cynthia Driggers. Following a series of appeals, he was resentenced to death in 1988, 1993 and 1996.

Singapore executes man for trafficking 1kg of cannabis

SINGAPORE — Singaporean authorities executed Omar bin Yacob Bamadhaj at Changi Prison on Thursday, April 16, 2026, following his 2019 conviction for importing 1,009.1 grams of cannabis. Bamadhaj, 41, though some reports have cited his age as 46, was arrested on July 12, 2018, during a routine search at the Woodlands Checkpoint. Officers discovered the narcotics wrapped in plastic and hidden within his vehicle as he attempted to enter Singapore from Malaysia.  Under the Misuse of Drugs Act, the threshold for the mandatory death penalty involving cannabis is 500 grams, a limit this shipment exceeded by more than double.

Texas | James Broadnax's appeals: US Supreme Court denies 2 claims, confession pending

Despite an 11th-hour confession from another man, James Broadnax is slated to be executed by the state of Texas later this week.  Broadnax, 37, is scheduled to be put to death by lethal injection April 30 in Huntsville. He was condemned by a Dallas County jury in 2009 for the deaths of Stephen Swan, 26, and Matthew Butler, 28, outside their Garland music studio. Broadnax and his cousin, Demarius Cummings, had set out to rob the men, but left with only $2 and a 1995 Ford, according to previous reporting from The Dallas Morning News. 

Iran to execute first woman linked to mass protests after ‘forced confessions’

Bita Hemmati and three others have been sentenced to death for 'collusion' and 'propaganda.' Advocates claim the charges are baseless, citing a secretive process and state-televised interrogations. Iranian authorities are preparing to execute Bita Hemmati, the first woman sentenced to death in connection with the mass protests in Tehran in late December and January, according to the US-based non-profit the Human Rights Activists News Agency. Judge Iman Afshari, of Branch 26 of the Tehran Revolutionary Court, sentenced Hemmati, her husband, Mohammadreza Majidi Asl, and Behrouz Zamaninezhad, and Kourosh Zamaninezhad to death on the charge of “operational action for the hostile government of the United States and hostile groups,” in addition to discretionary imprisonment period of five years on the charge of “assembly and collusion against national security.”  

Florida executes Chadwick Scott Willacy

STARKE, Fla. -- A Florida man who set his neighbor on fire after she returned from work to find him burglarizing her home was executed Tuesday evening. Chadwick Scott Willacy, 58, received a three-drug injection and was pronounced dead at 6:15 p.m. at Florida State Prison near Starke for the 1990 killing of Marlys Sather. It was Florida's fifth execution this year. The curtain to the execution chamber went up promptly at the scheduled 6 p.m. time, and the lethal injection got underway two minutes later, after Willacy made a brief statement.

Florida Schedules Two Executions for Late April

TALLAHASSEE, Fla. — Governor Ron DeSantis has directed the Florida Department of Corrections to move forward with two executions scheduled for late April 2026, marking a significant ramp-up in the state's use of capital punishment. The scheduled deaths of Chadwick Willacy and James Ernest Hitchcock follow a series of landmark judicial rulings that have kept both men on death row for decades.