Skip to main content

Biden Fails a Death Penalty Abolitionist’s Most Important Test

The mystery of Joe Biden’s views about capital punishment has finally been solved. His decision to grant clemency to 37 of the 40 people on federal death row shows the depth of his opposition to the death penalty. And his decision to leave three of America’s most notorious killers to be executed by a future administration shows the limits of his abolitionist commitment.

The three men excluded from Biden’s mass clemency—Dylann Roof, Dzhokhar Tsarnaev, and Robert Bowers—would no doubt pose a severe test of anyone’s resolve to end the death penalty. Biden failed that test.

In a statement announcing his clemency decision, the president said, “I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted.”

But Biden cannot stop the use of the federal death penalty by leaving Roof, Tsarnaev, and Bowers behind. He can’t prevent the Trump administration or its successors from resuming executions by refusing to commute their sentences.

Still, we should recognize that it is never easy for a political leader to spare the life of someone who has murdered an innocent victim. That is why presidents do it so rarely. Over the past 25 years, only three other federal death row inmates have been granted clemency.

On Jan. 20, 2001, his last day in office, President Bill Clinton commuted the death sentence of David Chandler. He did so after the key witness against him “recanted his testimony and acknowledged committing the murder himself.”

In 2017, Barack Obama granted clemency to Abelardo Arboleda Ortiz and Dwight Loving. In the Ortiz case, Obama granted clemency  “on the grounds that Ortiz was intel­lec­tu­al­ly dis­abled, his right to con­sular noti­fi­ca­tion under the Vienna Convention had been vio­lat­ed … and he had been denied effec­tive assis­tance of coun­sel at tri­al.” Like Ortiz, Loving received clemency because he also had received ineffective assistance from his trial lawyer. But also because of “racial and gender bias in the selection of mem­bers of his court-mar­tial.”

What Biden did for 37 people on federal death row is in itself momentous. And, as the Washington Post observes, “Biden’s decision to intervene in even one death penalty case caps a remarkable turnaround for him on this issue.”

Leading opponents of the death penalty quickly and lavishly praised the president for this turnaround. For example, Anthony Romero, executive director of the American Civil Liberties Union, said, “President Biden took a historic and courageous step in addressing the failed death penalty in the United States—bringing us much closer to outlawing the barbaric practice once again. By commuting the sentences of 37 individuals on death row, President Biden has taken the most consequential step of any president in our history to address the immoral and unconstitutional harms of capital punishment.”

But Romero said nothing about Roof, Tsarnaev, and Bowers.

Neither did Bryan Stevenson, founder of the Equal Justice Initiative and one of America’s leading abolitionists. Stevenson commended Biden “for recognizing that we don’t have to kill people to show that killing is wrong, that we can and should reduce violence in our communities by refusing to sanction more violence and killing in our courts and prisons.”

Martin Luther King III also lauded Biden for taking “meaningful and lasting action not just to acknowledge the death penalty’s racist roots but also to remedy its persistent unfairness.” He, too, was silent about the fate of the three people who were left out of Biden’s clemency.

As a matter of tactics, such silence is not surprising. Commuting the death sentences of Roof, Tsarnaev, and Bowers would have unleashed a firestorm of protest.

And in the long run, it might have done damage to the campaign against the death penalty by associating it with three of America’s most heinous killers. Taking on those kinds of cases might, as I have previously warned, also have diverted attention from the damage capital punishment does to our democracy and our culture.

Still, can one really be against state killing and not oppose the execution of people whom law professor Robert Blecker calls “the worst of the worst“? Apparently, Biden thinks so.

Since Biden became president, many have tried to discern his real views and the meaning of his administration’s actions in capital cases. As a candidate in 2020, Biden promised to “work to pass legislation to eliminate the death penalty at the federal level and incentivize states to follow the federal government’s example.”

Today, he did more. But in my view, not enough

The White House made clear that Biden “believes that America must stop the use of the death penalty at the federal level, except in cases of terrorism and hate-motivated mass murder.”

“Except.” We should have known that there was an “except” in Biden’s opposition to the death penalty from actions the Justice Department has taken to defend the convictions and sentences of Roof and Tsarnaev and to proceed with the prosecution of Bowers.

Abolitionists have made great strides in changing the situation of capital punishment in this country by focusing on problems like false convictions, racial disparities in death sentences, and botched executions. But they will never get this country to rid itself of the death penalty if they join Biden in making exceptions, especially for those whom others would see as most deserving of death.

The president of all people should understand this. His Catholic faith should have instructed him.

Last week, Biden spoke to Pope Francis about many things, including the decision he faced about whether to commute the sentences of the people on federal death row.

While we cannot know exactly what the two leaders said, the Vatican News was perfectly clear about the Pope’s position. The Pope, it said, “has described the death penalty as an act ‘at odds with Christian faith’ and one that ‘eliminates all hope for forgiveness and rehabilitation.’ ”

On Dec. 8, one day before he talked to Biden, “the Holy Father called on the faithful to ‘pray for the prisoners who are on death row in the United States.’ … ‘Let us pray,’ he said, ‘that their sentence be commuted, changed. Let us think of these brothers and sisters of ours and ask the Lord for the grace to save them from death.’ ”

The Pope recognized no exceptions. And neither should have Biden.

Sooner or later, opponents of the death penalty will have to take on the task of persuading the American people that incomplete abolition is no abolition at all—and that even perpetrators of the most horrible crimes, like Roof, Tsarnaev, and Bowers, should not be put to death.

Biden had the chance to take a significant step in that direction. It is too bad that he wasted it.

Source: slate.com, Austin Sarat, December 23, 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)

Alabama | Gov. Ivey commutes Charles “Sonny” Burton’s death sentence

MONTGOMERY, Ala. (WSFA) - Gov. Kay Ivey has commuted the death sentence of Charles “Sonny” Burton, who was set to be executed Thursday. The governor’s office released the following statement: “Governor Kay Ivey on Tuesday announced that she has commuted the death sentence of Charles L. Burton to life in prison with no chance of parole. Mr. Burton was convicted and sentenced to death for the 1991 capital murder of Doug Battle in Talladega, Alabama. As required by law, the governor first reached out to a representative of Mr. Battle’s family. She also notified the attorney general. Governor Ivey’s letter to Alabama Department of Corrections Commissioner John Hamm is attached.

Maldives | Death penalty law for drug trafficking now in effect

MALÉ, Maldives (DPN) — The Maldives has officially brought into force an amendment to its Narcotics Act that introduces the death penalty for large-scale drug trafficking, marking a significant and controversial shift in the island nation’s criminal justice policy. The amended law, which took effect Saturday, March 7, 2026, allows for capital punishment in cases involving the smuggling and importation of specific quantities of illicit substances. The move fulfills a key pledge by President Dr. Mohamed Muizzu’s administration to crack down on the country’s growing narcotics crisis and protect what he has termed the nation’s “100 percent Islamic society.” Thresholds for Capital Punishment Under the new provisions, the death penalty is not a mandatory sentence but an available option for the judiciary when specific criteria are met. The law establishes clear weight thresholds for substances brought into the country: Cannabis: More than 350 grams. Diamorphine (Heroin): More than 250 grams....

Texas executes Cedric Ricks

A Texas man was put to death Wednesday evening for fatally stabbing his girlfriend and her 8-year-old son in 2013, apologizing profusely to her older son who survived with multiple stab wounds and witnessed the execution.  Cedric Ricks, 51, was pronounced dead at 6:55 p.m. CDT following a lethal dose of the sedative pentobarbital at the state penitentiary in Huntsville.  He was condemned for the May 2013 killings of 30-year-old Roxann Sanchez and her son Anthony Figueroa at their apartment in the greater Dallas-Fort Worth suburb of Bedford. Sanchez’s 12-year-old son, Marcus Figueroa, was stabbed 25 times and feigned death in order to survive.

Missouri Man Said DNA Test Could Prove Innocence. He Was Executed Before a Court Ruled.

Lance Shockley died by lethal injection last year. State courts have rejected prisoners’ requests for DNA testing in recent years. Lance Shockley, a man on death row in Missouri, wanted items from the crime scene to undergo DNA testing to potentially prove his innocence. The court scheduled proceedings on his request — but the date set was for two days after his execution. Patty Prewitt can’t have her DNA tested — and fully clear her name — because her sentence was commuted and she is no longer in prison. And others, including Lamar McVay, who is serving 30 years for a robbery, can’t even get an answer from the state on his DNA testing request. He's still awaiting a ruling on a motion he filed in September 2022.

Supreme Court Denies Alabama Appeal, Allowing New Trial in Death Row Case

The U.S. Supreme Court has cleared the way for a new trial for one of Alabama’s longest-serving people on death row after declining to review a lower court ruling that prosecutors violated his constitutional rights by intentionally rejecting Black jurors.  According to an article written by the Associated Press, one of the longest-serving death row inmates in Alabama might receive a new trial after the U.S. Supreme Court rejected the state’s appeal of a lower court’s ruling that prosecutors had violated his rights by intentionally rejecting Black jurors.  According to the article, on Monday, the U.S. Supreme Court declined to review the ruling from the 11th U.S. Circuit Court of Appeals. This decision paved the way for Michael Sockwell, the 63-year-old death row inmate, to receive a new trial.

Alabama | Death row inmate granted clemency shares emotional message on day he was set to die

Alabama governor commuted death sentence of Charles Burton, 75, who didn't kill anyone An Alabama man who was outside a building when a man was killed in an armed robbery is looking at life as "a gift from God" after being granted clemency by the state’s governor just days before he was scheduled to be executed.  Charles "Sonny" Burton, 75, was sentenced to death for his role in the robbery of a Talladega AutoZone store that left a man dead in 1991.  While Burton left the store before Derrick DeBruce gunned down customer Doug Battle, he was tried and convicted as an accomplice, with prosecutors insisting Burton acted as the group’s leader in the armed robbery. 

U.S. | These States Don’t Want You to See the Cruelty of Their Executions

The use of the death penalty has risen sharply in the United States, with more executions in 2025 than any year since 2009. It is a cruel and unjust development. In theory, the death penalty is reserved for “the worst of the worst.” In practice, it is very different. People who are executed for their crimes are disproportionately poor or intellectually disabled and often lacked good lawyers. They are also more likely to be sentenced to death if they have been convicted of killing a white person. Anthony Boyd, who maintained his innocence until Alabama executed him last year at age 54, had an inexperienced court-appointed lawyer and was convicted on disputed eyewitness testimony. Charles Flores, 56, has spent 27 years on death row in Texas for a murder conviction based solely on unreliable testimony from a hypnotized witness. Robert Roberson, who has autism, remains on death row there despite having been convicted on now-debunked evidence that he had shaken his daughter to death.

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

The following document is a written record of convicted killer Hamida Djandoubi's last moments before he was guillotined in a Marseilles prison on September 10, 1977. This written record -- dated September 9 -- was written by a judge appointed to witness the execution. Djandoubi's execution was the last execution carried out in France before capital punishment was abolished in 1981. Then-President Valéry Giscard d'Estaing, who had voiced his "loathing for the death penalty" before he was elected to office, flatly turned down Djandoubi's appeal for clemency and chose to let "Justice run its course", as he did on two previous instances ( 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 executed in Marseilles' Baumettes prison in September 1977. The following text was writ...

Prosecutors seek death penalty in 2 Georgia cases

AUGUSTA, Ga. (WRDW/WAGT) - Prosecutors are seeking the death penalty in two separate Georgia criminal cases. One involves the killing of a Gwinnett County police officer and another is over the death of a 4-year-old girl in Hall County . Kevin Andrews is charged in the death of 25-year-old Gwinnett County Police Officer Pradeep Tamang, who was shot and killed while investigating a credit card fraud case. Authorities said Andrews had an outstanding warrant and shot at officers without warning. Another officer, David Reed, was seriously injured.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...