Power of the Pardon

Among a president’s most profound responsibilities is the power to grant clemency. Now, as President Joe Biden's first term winds down, he faces mounting calls to use that authority to commute the sentences of the 40 men on federal death row.

Donald Trump's final months in office marked a stark shift in federal execution policy. After a 17-year hiatus, his administration executed 13 people — the most under any president in over a century. While Biden halted this practice, advocates warn that a second Trump term could restart executions. It's why they're urging Biden to take decisive action now to reduce death penalty sentences to life without parole.

On this week's episode of The Intercept Briefing, reporter Liliana Segura examines the gap between candidate Biden's promises and his actions as president. “By far the most significant thing that Biden could do and should do in my opinion is to make good on his stated opposition to the death penalty, which is something he ran on in 2020. Joe Biden said that he wanted to try to bring legislation to end the federal death penalty and, in fact, incentivize states to do the same. He had language in his campaign platform talking about how life without parole sentences were appropriate alternatives,” she says. 

According to Segura, the federal death penalty reaches far beyond the most notorious cases and its deterrent effect is questionable — challenging many Americans' assumptions. “This idea that the death penalty is a deterrent is like the myth that will not die. You know, I was in Indiana recently covering this midnight execution, and I'm looking at some of the rhetoric that is out there from the state attorney general, and he is banging that drum about, 'Oh, you know, this is a deterrent to crime.’ There's absolutely no evidence that that is true and there really never has been.”

To learn more about what Biden could do, listen to this week’s episode of The Intercept Briefing.

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