Biden considers commuting the sentences of federal death row inmates: report

As President Biden's term comes to an end, he is reportedly considering commuting the sentences of most, if not all, of the 40 men on the federal government’s death row.

The Wall Street Journal, citing sources familiar with the matter, reported that the move would frustrate President-elect Trump's plan to streamline executions as he takes office in January.

Attorney General Merrick Garland, who oversees federal prisons, recommended that Biden commute all but a handful of egregious sentences, the sources said.

The outlet reported that possible exceptions could include Dzhokhar Tsarnaev, the 2013 Boston Marathon bomber who killed three and wounded more than 250; Robert Bowers, who killed 11 people in the 2018 attack on the Tree of Life synagogue in Pittsburgh; and Dylann Roof, who in 2015 killed nine at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina.

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Those who could see their death sentences commuted to life in prison include an ex-Marine who killed two young girls and later a female naval officer, a Las Vegas man convicted of kidnapping and killing a 12-year-old girl, a Chicago podiatrist who fatally shot a patient to keep her from testifying in a Medicare fraud investigation and two men convicted in a kidnapping-for-ransom scheme that resulted in the killings of five Russian and Georgian immigrants.

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The move came after Biden, a lifelong Catholic, spoke with Pope Francis Thursday. In his weekly prayer, Pope Francis asked for the commutation of America’s condemned inmates.

A decision from the president could come by Christmas, some of sources said. The outlet noted that the biggest question is the scope of the commutation of the death row inmates.

Biden is the first president to openly oppose capital punishment, and his 2020 campaign website declared he would "work to pass legislation to eliminate the death penalty at the federal level and incentivize states to follow the federal government’s example."

In January 2021, Biden initially considered an executive order, sources familiar with the matter told The Associated Press, but the White House did not issue one.

Six months into the administration, Attorney General Merrick Garland announced a moratorium on federal capital punishment to study it further. The narrow action has meant there have been no federal executions under Biden.