Despite President-elect Donald Trump's assertion, President Biden did not "pardon" 37 out of 40 federal death row inmates on Dec. 23, a former U.S. Attorney has pointed out.
Biden commuted the sentences from death to life in prison, a fact noted by former U.S. Attorney Joyce Alene on X. Alene was reacting to a truth social post by Trump that stated, "to the 37 most violent criminals, who killed, raped, and plundered like virtually no one before them, but were just given, incredibly, a pardon by Sleepy Joe Biden. I refuse to wish a Merry Christmas to those lucky "souls" but, instead, will say, GO TO HELL!"
As Alene noted, the prisoners were not "pardoned" which would have released them and cleared them of further legal consequence. Biden's action only took execution off the table, the prisoners will remain incarcerated with life sentences.
Trump has promised to has stated that he will be an advocate for the use of the death penalty and to complete death penalty sentences, CNN reported. However, Biden's commutation now only leaves three prisoners on federal death row.
Biden put a moratorium on federal executions when he took office.
"He 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 – which is why today's actions apply to all but those cases," according to a White House statement. "His actions today will prevent the next Administration from carrying out the execution sentences that would not be handed down under current policy and practice."
Biden has faced criticism from some victim's families, including over the timing of the action. "I think President Biden offered a Christmas gift to the perpetrators of murder, but he offered only pain to the victims, the families of the victims," said Rachel Timmerman's father, Ken, according to Fox.
In 1997, Rachel Timmerman was bound and then chained to cinderblocks by Marvin Gabrion. Gabrion then tossed her in a lake, while she was still alive, to drown her. Timmerman was going to testify against Gabrion in a rape trial.
Byran Stevenson, founder of the Equal Justice Initiative, praised Biden's actions as "an important turning point in ending America's tragic and error-prone use of the death penalty. I commend President Biden for recognizing that we don't have to kill people to show that killing is wrong." NPR reported.