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Biden commutes sentences of 37 of 40 death row inmates, so Trump can’t have them executed

Clemency decisions cannot be reversed by a president’s successor, but moves highlight continuing debate surrounding capital punishment in US

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President Joe Biden speaks during a Hanukkah reception at the White House on December 16. Photo: AP
US President Joe Biden on Monday commuted the sentences for 37 of 40 federal inmates on death row, converting them to life in prison without parole before he hands over power to president-elect Donald Trump on January 20.
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The move spares the lives of people convicted in killings, including the slayings of police and military officers, people on federal land and those involved in deadly bank robberies or drug deals, as well as the killings of guards or prisoners in federal facilities.

“I’ve dedicated my career to reducing violent crime and ensuring a fair and effective justice system,” Biden said. “Today, I am commuting the sentences of 37 of the 40 individuals on federal death row to life sentences without the possibility of parole. These commutations are consistent with the moratorium my administration has imposed on federal executions, in cases other than terrorism and hate-motivated mass murder.”

Biden’s move will frustrate Trump’s plan to resume a rapid pace of executions. Unlike executive orders, clemency decisions cannot be reversed by a president’s successor, although the death penalty can be sought more aggressively in future cases.

Biden also took a political jab at Trump, saying: “In good conscience, I cannot stand back and let a new administration resume executions that I halted.”

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Trump has spoken frequently of expanding executions. In a speech announcing his 2024 campaign, Trump called for those “caught selling drugs to receive the death penalty for their heinous acts”. He later promised to execute drug and human smugglers and even praised China’s harsher treatment of drug peddlers. During his first term as president, Trump also advocated for the death penalty for drug dealers.

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