Yesterday, President Biden commuted the sentences of 37 men condemned to death in the federal system, leaving only three on death row there. While incomplete, it was a bold gesture-- his boldest exercise of clemency yet. Though I would have preferred that he clear the row, his basis for decision was at least principled: he excluded mass murderers.
Biden has now addressed and mostly fulfilled two of the four clemency goals that Rachel Barkow and I described and advocated for in the New York Times back in September: Death Row, and those our on home confinement under the CARES Act.
That leaves two key groups left: those whose petitions are at the White House with a positive recommendation from the pardon attorney and marijuana prisoners (though there will be overlap between those two groups). It would be wonderful if it all gets done!
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