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Execution policy divide: Biden vs. Trump’s legacy
While Donald Trump cannot reverse Joe Biden’s commutations, his rhetoric may influence state-level executions.
File photo. / Reuters
In a sweeping move on Dec.23, President Joe Biden commuted the sentences of 37 federal death row inmates, converting their punishment to life imprisonment without parole.
Among the total 40 federal death row prisoners, only three individuals—Boston Marathon bomber Dzhokhar Tsarnaev, Pittsburgh synagogue shooter Robert Bowers, and Charleston church shooter Dylann Roof—were left to face execution.
While human rights groups like Amnesty International celebrated Biden's decision as a step towards ending federal executions, the response from Republican leaders and Trump allies was swift and scathing.
“This is a slap in the face to the victims, their families, and their loved ones,” said Steven Cheung, communications director for Donald Trump, the former president. “President Trump stands for the rule of law, which will return when he is back in the White House.”
Arkansas Senator Tom Cotton criticized Biden for prioritizing criminals over law-abiding citizens, while Texas Representative Chip Roy called the decision "unconscionable" and an "abuse of power."
Two presidents on capital punishment
The divergence between Biden and Trump on capital punishment is stark. Trump’s first term was marked by a dramatic revival of federal executions after a 17-year hiatus, with 13 inmates put to death in six months. Among them was Lisa Montgomery, the first woman executed by the federal government since 1953, and Brandon Bernard, who became a focal point for debates on juvenile culpability and rehabilitation.
“We’re going to be asking everyone who sells drugs, gets caught, to receive the death penalty for their heinous acts,” Trump declared during his 2022 presidential campaign. His proposals include expanding the federal death penalty to non-homicidal crimes like child rape and drug trafficking, a move human rights advocates have labeled as legally dubious and ethically troubling.
Critics have also highlighted racial disparities in Trump's selection of inmates for execution. Four of the five prisoners executed during his first wave of federal executions were African American, coinciding with a heightened national awareness of racial inequalities in the criminal justice system.
Biden’s position on the death penalty has also undergone a significant transformation. As a senator in the 1990s, he championed the 1994 crime bill that expanded federal capital punishment. Today, he seeks to eliminate it entirely, citing cases of wrongful convictions and systemic biases. His administration has pledged to work toward abolishing the federal death penalty and encouraging states to follow suit.
Yet, critics, including victims’ families, argue that Biden’s commutations disregard the trauma and suffering of those impacted by the crimes. Heather Turner, whose mother was killed during a 2017 bank robbery, wrote on Facebook that the decision is a "gross abuse of power" and that Biden has "blood on his hands."
The legal landscape and challenges ahead
Trump’s plans to expand the death penalty face substantial legal obstacles. The U.S. Supreme Court has previously ruled against applying capital punishment for crimes not involving murder, such as child rape. Moreover, cases involving child victims are particularly prone to wrongful convictions, further complicating Trump’s agenda.
While Trump cannot reverse Biden’s commutations, his rhetoric may influence state-level executions. “His rhetoric can and has spurred draconian measures and attitudes by leaders in states,” said Yasmin Cader of the ACLU. Currently, 27 states retain the death penalty, even as public support for it has waned, with a 2024 Gallup poll showing only 53 percent approval for capital punishment in murder cases.
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