Amnesties, Commutations and Pardons

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    How Biden Should Spend His Final Weeks in Office

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    The days are dwindling to a precious few before President Biden relinquishes his tenancy at the White House to Donald Trump. Four years ago, in his inaugural address, Mr. Biden promised to “press forward with speed and urgency, for we have much to do in this winter of peril and possibility.” The peril remains, but so do the possibilities.Last week he announced that he was commuting the sentences of nearly 1,500 people and pardoning 39 others convicted of nonviolent crimes. Eleven days earlier, in a decision widely criticized, Mr. Biden pardoned his son Hunter, who was awaiting sentencing on gun possession and income tax charges.There is still much the president can do before he repairs to Delaware. He can spare federal death row prisoners from the fate some almost certainly will face when Mr. Trump returns. He can make the Equal Rights Amendment a reality after decades of efforts to enshrine it in the Constitution. He can safeguard magnificent landscapes that might otherwise be desecrated. He can protect undocumented immigrants facing deportation, alleviate crushing student debt facing millions of Americans and protect the reproductive rights of women. And more.New York Times Opinion contributors share what they hope President Biden will accomplish during his remaining time in office.Yes, time is running out for Mr. Biden’s presidency, but he can still repair, restore, heal and build, as he promised he would do on the January day four years ago when he took the oath of office. Here are a few suggestions:Commute the sentences of the 40 federal inmates on death rowBy Martin Luther King IIIBy commuting all federal death sentences to life, Mr. Biden would move America, meaningfully, in the direction of racial reconciliation and equal justice. In 2021 he became the first president to openly oppose capital punishment. Since his inauguration, the federal government has not carried out a single execution.If Mr. Biden does not exercise his constitutional authority to commute the sentences of everyone on federal death row, we will surely see another spate of deeply troubling executions as we did in the first Trump administration. A majority of those executed — 12 men and one woman — were people of color; at least one was convicted by an all-white jury and there was evidence of racial bias in a number of cases; several had presented evidence of intellectual disabilities or severe mental illnesses. The same problems were features in the cases of many of the 40 men on federal death row today, more than half of whom are people of color.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      After Biden Commutes 1,500 Sentences, Some Celebrate and Plan

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      Among those whose sentences were commuted was Rebecca Parrett, an Arizona woman who now hopes to travel to meet her great-grandchildren for the first time.Early on Thursday morning, Rebecca Parrett received a phone call from her former hairdresser.“Have you heard the news yet?” he asked her.She hadn’t.President Biden was commuting the sentences of nearly 1,500 people, he told her, and perhaps Mr. Parrett might be among them, suddenly free to travel to see her family.But at that early hour, it was just a headline, the White House telling news organizations that it was the most commutations in a single day by an American president. It would be a couple of hours until the White House released the list of those being offered clemency — and until Ms. Parrett, 76, found her name.All day, she said, “I have just been in tears.”Like many of those whose sentences were commuted by President Biden on Thursday, Ms. Parrett had been released from prison during the pandemic to serve her sentence on home confinement. While that was a relief, she has lived in constant worry that she would be sent back to prison — and Republican lawmakers had been threatening to do just that, by pushing legislation that would have forced people who had been released to home confinement during the pandemic back behind bars.Now, Ms. Parrett, who receives Social Security benefits and recently moved into an apartment in Prescott Valley, Ariz., is hoping she can travel to Indiana to celebrate Christmas with her son, who recently had open-heart surgery. She has five great-grandchildren who live in Florida and Indiana and whom she has never met. As soon as she learns the details of her commutation — which could take a few days, her case manager told her — she will be making travel plans.“I’m certainly praying for just a complete release, time served,” she said.For Ms. Parrett, the commutation is a joyous turn in a journey that she almost didn’t survive. After being convicted of securities fraud and other financial crimes in 2008, Ms. Parrett, still on bond, fled to Mexico, where, she said, she planned to commit suicide. “I thought life would be better if I was gone,” she said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      After Biden Pardons His Son Hunter, Prison Inmates Hope They’re Next

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      President Biden has pardoned people convicted of some marijuana offenses, but advocates for prisoners say he has been slow to grant other requests.On Thanksgiving, Hunter Biden got the word from his father, President Biden, that he would be pardoned for tax and gun law violations, saving him from potentially spending a few years in federal prison.But Michael Montalvo, 78, a former cocaine ringleader who has spent nearly 40 years behind bars racking up course certifications, credits for good behavior and recommendations from his prison wardens, is still waiting to hear about his request for a pardon.So is Michelle West, who has spent more than 30 years in prison for her role in a drug conspiracy connected to a murder, while the gunman, who testified against her, has gone free. And Sara Gallegos, who is serving a 20-year sentence for being briefly involved in a drug ring after her husband was murdered when she was pregnant with her fourth child.“Everyone wants that chance,” said Lazara Serrano, who is waiting for her mother to win release from prison after more than 25 years, and who was stunned to hear that Hunter Biden’s criminal case was over. “For something just to be so sudden, and to happen right away, is crazy when there’s a line of people waiting.”Andrea James, who runs an organization that helps incarcerated women, said she did not begrudge Hunter Biden his pardon, but said she was hopeful that it would “move President Biden to consider other families who’ve endured what they have gone through for much longer periods of time.”Critics have complained that Mr. Biden has approved a smaller fraction of the requests for clemency that he has received than any other modern president. Of course, he still has time, and presidents have made a habit of waiting until the 11th hour to announce their clemency decisions.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Pardoning Hunter Complicates the Legacy That Biden Envisioned

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      President Biden is facing criticism for absolving his son after insisting he would not and, according to some critics in his own party, paving the way for Donald Trump’s return to office.There was a time, not that long ago, when President Biden imagined he would etch his place in history as the leader who ended the chaotic reign of Donald J. Trump, passed a raft of “Build Back Better” laws to transform the country and reestablished America’s place in the world.Now, in the desultory final days of his administration, Mr. Biden finds himself repudiated, even by some of his fellow Democrats, as the president who refused to step aside until it was too late, paved the way for Mr. Trump’s return to power and, in a final gesture of personal grievance over stated principle, pardoned his own son for multiple felony convictions.The disappointment and frustration expressed by his own supporters since Mr. Biden intervened to spare his son Hunter from prison and any future investigations captured the disenchantment of many Democrats with the outgoing president as the end draws near. How he will be remembered by posterity may be hard to predict at this point, but the past few weeks have not helped write the legacy he had once envisioned.The pardon came as Mr. Biden’s political stock was already at a low ebb after a stinging election defeat for his party that many allies blamed more on him than on the candidate who stepped up after he belatedly dropped out, Vice President Kamala Harris. The decision to attack the credibility of the justice system to safeguard a relative aggravated admirers who sympathized with his plight as a father yet were shocked that he would break his own promise to respect the courts’ decision.“I don’t think there is any doubt that our country would have been better off if President Biden had decided not to run for re-election,” said Senator Michael Bennet of Colorado, reflecting a view that has been more commonly voiced privately by his fellow Democrats since Mr. Trump beat Ms. Harris last month. “Whether our nominee was the vice president or someone else, we would have had a much better chance to defeat Donald Trump.”Mr. Bennet, a low-key lawmaker not normally given to knee-jerk public criticism of the leader of his party, added that the clemency order fit the same pattern. “His decision to pardon his son, no matter how unconditional his love, feels like another instance of putting his personal interest ahead of his responsibility to the country,” he said. “It further erodes Americans’ faith that the justice system is fair and equal for all.”We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      How Biden Changed His Mind on Pardoning Hunter: ‘Time to End All of This’

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      The threat of a retribution-focused Trump administration and his son’s looming sentencings prompted the president to abandon a promise not to get involved in Hunter Biden’s legal problems.A dark sky had fallen over Nantucket, Mass., on Saturday evening when President Biden left church alongside his family after his final Thanksgiving as president.Inside a borrowed vacation compound earlier in the week, with its views of the Nantucket Harbor, Mr. Biden had met with his wife, Jill Biden, and his son Hunter Biden to discuss a decision that had tormented him for months. The issue: a pardon that would clear Hunter of years of legal trouble, something the president had repeatedly insisted he would not do.Support for pardoning Hunter Biden had been building for months within the family, but external forces had more recently weighed on Mr. Biden, who watched warily as President-elect Donald J. Trump picked loyalists for his administration who promised to bring political and legal retribution to Mr. Trump’s enemies.Mr. Biden had even invited Mr. Trump to the White House, listening without responding as the president-elect aired familiar grievances about the Justice Department — then surprised his host by sympathizing with the Biden family’s own troubles with the department, according to three people briefed on the conversation.But it was Hunter Biden’s looming sentencings on federal gun and tax charges, scheduled for later this month, that gave Mr. Biden the final push. A pardon was one thing he could do for a troubled son, a recovering addict who he felt had been subjected to years of public pain.When the president returned to Washington late Saturday evening, he convened a call with several senior aides to tell them about his decision.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Hunter Biden Likely Wouldn’t Qualify for a Pardon Recommendation Under Justice Dept. Criteria

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      Hunter Biden likely would not have qualified for a pardon recommendation under the criteria used by the Justice Department’s Office of the Pardon Attorney, which is tasked with identifying and vetting worthy clemency recipients. The office mostly recommends full pardons for people who have already served their sentences.Hunter Biden has not been sentenced, let alone served his sentence.Presidents have unchecked authority to grant clemency to anyone they choose, regardless of the pardon attorney’s recommendations.During his first term in office, President-elect Donald J. Trump routinely granted clemency to people who had not been recommended by the pardon attorney, including to some who had been previously rejected by the office and others who had yet to be sentenced.“Before Trump, reaching into the middle of an ongoing case to give a full pardon was almost unheard-of,” said Margaret Love, who ran the Justice Department’s clemency process from 1990 to 1997 as the United States pardon attorney.Mr. Biden has been under pressure from groups supporting prisoners’ rights to issue more clemency grants at the end of his term.In a statement issued after the announcement of Hunter Biden’s pardon, Zoë Towns, the executive director of the advocacy group FWD.us, said, “It’s time to prioritize clemency for thousands of vetted cases. The President has the opportunity to extend mercy to those serving disproportionately long sentences in federal prisons. We absolutely must turn our attention there.”The pardon attorney has received nearly 12,000 petitions for clemency during President Biden’s term.Mr. Biden has so far issued 157 clemency grants — 25 pardons, which wipe out convictions, and 132 commutations, which reduce prison sentences — according to a tally kept by the pardon attorney. It is not clear if the tally includes the pardon to his son.Mr. Biden has issued fewer clemency grants so far than the 238 — 144 pardons and 94 commutations — issued by Mr. Trump during his first administration. More

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      Biden Pardons His Son Hunter, Citing ‘Political Pressure’

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      President Biden blamed “political pressure” for the collapse of a plea deal for Hunter Biden, but it was the judge overseeing the case who questioned the agreement.Hunter Biden’s plea deal did fall apart in dramatic form at the last minute last year. But it did so after the judge overseeing the case at the time raised issues about its unusual construction, involving two separate agreements meant to work in tandem. That construction violated one of the basic tenets of federal guilty pleas: that any agreement not have any side deals.That the plea agreement fell apart once it faced basic questioning from the judge was an embarrassment to both the prosecutors and the defense lawyers who negotiated it. But that is a far cry from the president’s suggestion that the deal for Hunter Biden to avoid prison time and a felony conviction collapsed because of political pressure. More

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      Analysis: In Pardoning Hunter, Biden Sounds a Lot Like Trump

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      President Biden and President-elect Donald J. Trump now agree on one thing: The Biden Justice Department has been politicized.In pardoning his son Hunter Biden on Sunday night, the incumbent president sounded a lot like his successor in complaining about selective prosecution and political pressure, questioning the fairness of a system that Mr. Biden had until now long defended.“No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong,” Mr. Biden said in the statement announcing the pardon. “Here’s the truth,” he added. “I believe in the justice system, but as I have wrestled with this, I also believe raw politics has infected this process and it led to a miscarriage of justice.”Mr. Biden’s decision to use the extraordinary power of executive clemency to wipe out his son’s convictions on gun and tax charges came despite repeated statements by him and his aides that he would not do so. Just last summer, after his son was convicted at trial, the president rejected the idea of a pardon and said that “I will accept the outcome of this case and will continue to respect the judicial process.” The statement he issued Sunday night made clear he did not accept the outcome nor respect the process.The pardon and Mr. Biden’s stated rationale for granting it will inevitably muddy the political waters as President-elect Donald J. Trump prepares to take office with plans to use the Justice Department and F.B.I. to pursue “retribution” against his political adversaries. Mr. Trump has long argued that the justice system has been “weaponized” against him and that he is the victim of selective prosecution, much like Mr. Biden has now said his son was.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Read Joe Biden’s Statement About Pardoning Hunter

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      President Biden issued the following statement on Sunday night.Today, I signed a pardon for my son Hunter.From the day I took office, I said I would not interfere with the Justice Department’s decision-making, and I kept my word even as I have watched my son being selectively, and unfairly, prosecuted.Without aggravating factors like use in a crime, multiple purchases, or buying a weapon as a straw purchaser, people are almost never brought to trial on felony charges solely for how they filled out a gun form. Those who were late paying their taxes because of serious addictions, but paid them back subsequently with interest and penalties, are typically given noncriminal resolutions.It is clear that Hunter was treated differently. The charges in his cases came about only after several of my political opponents in Congress instigated them to attack me and oppose my election.Then, a carefully negotiated plea deal, agreed to by the Department of Justice, unraveled in the courtroom — with a number of my political opponents in Congress taking credit for bringing political pressure on the process. Had the plea deal held, it would have been a fair, reasonable resolution of Hunter’s cases.No reasonable person who looks at the facts of Hunter’s cases can reach any other conclusion than Hunter was singled out only because he is my son — and that is wrong.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More