Could Trump Undo Biden’s Death Row Pardons and Bring Back Executions?

Also the Presidential Act of Clemency Leaves many Families Seeking Justice in a Practical World.

President Joe Biden’s recent decision to commute the sentences of 37 out of 40 federal death row inmates marks a significant shift in the United States’ approach to capital punishment. By converting these sentences to life imprisonment without the possibility of parole, Biden has not only redefined federal clemency policies as of now but also ignited intense debate about justice, mercy, and the role of presidential authority in the American legal system.

Among those whose sentences were commuted is Jorge Avila-Torrez, convicted of multiple murders, including the tragic killings of two young girls in Illinois. Avila-Torrez’s case is emblematic of the types of violent crimes that previously warranted the severest punishment under federal law. His commutation raises critical questions about whether the justice system can appropriately balance mercy with retribution, especially in cases involving unimaginable loss and suffering.

“Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss,” Biden said in a statement.

However, not all sentences were altered. Three inmates—Dzhokhar Tsarnaev, Dylann Roof, and Robert Bowers—remain on federal death row. Tsarnaev, convicted for his role in the 2013 Boston Marathon bombing, Roof, found guilty of the 2015 mass shooting at a Charleston church, and Bowers, responsible for the 2018 Tree of Life synagogue attack in Pittsburgh, are considered too egregious to be spared.

These individuals were excluded from commutation due to the particularly heinous and hate-motivated nature of their crimes, which include acts of terrorism and mass murders targeting specific communities.

The legal framework surrounding presidential commutations is clear: once President Biden has exercised his authority to commute these sentences, they cannot be undone by any future president. This means that even if President-elect Donald Trump, known for his staunch support of the death penalty, ascends to the presidency, he holds no power to reinstate the death sentences of those Biden has spared. The only avenue for change lies in the hands of Congress, which could legislate to alter federal death penalty statutes, but such efforts would require overcoming significant political hurdles.

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For the families of victims, Biden’s decision is more than a political statement—it is a deeply personal and painful affront. Families who have endured the loss of loved ones to the violent actions of individuals like Avila-Torrez now find themselves grappling with a sense of incomplete justice. The commutation of a death sentence can feel like a denial of closure, as it replaces what many see as the ultimate form of retribution with a punishment that, while severe, does not carry the same finality.

The Fraternal Order of Police Capital City #9, representing law enforcement officers in Franklin County, Ohio, condemned President Biden’s commutation of Daryl Lawrence’s sentence, who was convicted of killing Police Officer Bryan Hurst in 2005.

“Bryan made the ultimate sacrifice, and this decision undermines the justice that was rightfully served for his murder,” the group said. Hurst’s widow, Marissa Gibson also expressed her and her daughter’s disappointment in a statement to CNN affiliate WBNS.

The sentiment that families of victims have been robbed of true justice is echoed by many who believe that the death penalty serves as both a form of retribution and a deterrent against future atrocities. The absence of capital punishment in these cases may leave families feeling that the legal system has failed to fully honor the gravity of their loss.

Moreover, the exclusion of Tsarnaev, Roof, and Bowers from commutation highlights a troubling inconsistency within the justice system. While their crimes are undeniably atrocious, the selective application of mercy can foster a sense of inequality and bias. Victims’ families question why some perpetrators receive the harshest penalties while others, who have committed equally or more egregious acts, do not. This perceived inconsistency undermines trust in the administration’s commitment to impartial justice and exacerbates feelings of injustice among those seeking closure.

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The timing of these commutations, occurring shortly after President Biden pardoned his son, Hunter Biden, for federal charges related to tax evasion and gun possession, has only intensified public scrutiny. Critics argue that the proximity of these clemency actions may blur the lines between personal and political motivations, casting doubt on the impartiality of presidential mercy. For victims’ families, this sequence of events can feel like an erosion of the standards that govern such significant decisions, fostering skepticism about whether clemency is being used judiciously or manipulated for broader political purposes.

Legally, the commutations are irreversible, meaning that no future president can alter Biden’s decisions regarding these 37 inmates. This permanence underscores the gravity of Biden’s actions and ensures that his stance on the death penalty leaves a lasting imprint on federal justice policy. However, it also places a heavier burden on the families of victims who remain without the ultimate form of retribution, potentially prolonging their anguish and complicating their path to healing.

As President-elect Donald Trump prepares to assume office, his administration may seek to bolster the use of the death penalty in new cases, potentially reshaping the federal justice landscape without altering the status quo established by Biden’s commutations. Trump has consistently expressed strong support for the death penalty, viewing it as a necessary tool for delivering justice in the most severe cases. His promises to be tougher on crime could lead to an increase in death sentences in future prosecutions, thereby maintaining the systemic tension between mercy and retribution that Biden’s commutations have brought to the forefront.

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For the broader American society, Biden’s commutations force a critical examination of the principles underpinning the death penalty. Advocates for abolition argue that capital punishment is inhumane, fraught with the risk of wrongful convictions, and disproportionately applied across racial and socioeconomic lines. They contend that life imprisonment without parole serves as a sufficiently harsh punishment while avoiding the moral and ethical pitfalls of execution. Conversely, proponents of the death penalty maintain that it serves as a necessary tool for delivering justice in the most severe cases, providing a sense of closure and retribution for victims’ families. The commutation of 37 sentences disrupts this argument by demonstrating that even the most severe crimes can be met with mercy, challenging the notion that capital punishment is an indispensable component of the justice system.

In this charged atmosphere, the voices of victims’ families remain a poignant reminder of the human cost behind every clemency decision. Their calls for justice highlight the profound emotional and psychological impact that such decisions have on those left to pick up the pieces of their shattered lives. As the nation grapples with the implications of Biden’s commutations, it becomes clear that the conversation about the death penalty is far from over. It is a dialogue that intertwines legal precedent, moral philosophy, and personal grief, reflecting the complexities of a society striving to balance compassion with accountability.

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