(Scypre.com) – In an historic move that marks the largest single-day exercise of presidential clemency in modern U.S. history, President Joe Biden has decided to commute the sentences of approximately 1,500 individuals who were released from prison and placed on home confinement during the height of the COVID-19 pandemic. In addition, the president has issued pardons to 39 Americans previously convicted of nonviolent offenses. The decision, unveiled on Thursday, represents a sweeping use of the executive branch’s clemency authority and sets a new benchmark that surpasses previous records.
The commutations apply to those who have spent at least one year on home confinement following their release from prison. During the pandemic, federal prisons grappled with severe outbreaks of the virus, prompting authorities to move certain inmates into home confinement to mitigate rampant transmission. At one point, data compiled by The Associated Press indicated that one in every five prisoners had contracted COVID-19, underscoring the urgency of taking action to reduce prison populations.
Although these latest moves are substantial, Biden indicated that this is not the end of his efforts. He announced plans to consider further clemency actions in the weeks ahead, pledging to keep reviewing the numerous petitions awaiting attention. Prior to this, the largest one-day clemency action in recent memory was by former President Barack Obama, who granted 330 commutations shortly before leaving office in early 2017.
“America was built on the promise of possibility and second chances,” Biden said in a written statement. “As president, I have the great privilege of extending mercy to people who have demonstrated remorse and rehabilitation, restoring opportunity for Americans to participate in daily life and contribute to their communities, and taking steps to remove sentencing disparities for non-violent offenders, especially those convicted of drug offenses.”
These latest pardons and commutations come on the heels of another high-profile act of clemency: Biden’s recent pardon of his son, Hunter Biden, who faced legal consequences for gun and tax-related charges. That decision stirred public debate and renewed calls for the president to act more broadly. Civil rights and criminal justice advocates have pressed Biden to consider more far-reaching clemency measures, including for individuals on federal death row. There is also speculation surrounding whether the president might use preemptive pardons to shield those who investigated former President Donald Trump’s efforts to overturn the 2020 election results, should Trump return to office in January and seek retribution.
Clemency, which encompasses both pardons and commutations, is a longstanding presidential power. A pardon wipes away guilt and the attendant legal consequences, while a commutation reduces or eliminates punishment without erasing the underlying conviction. Throughout American history, many presidents have reserved large-scale acts of clemency for their final days in office, using the solemn authority as a means of granting redemption, alleviating harsh sentences, or correcting perceived injustices.
The 39 Americans who received pardons this week range in age from 36 to 75 and reflect a diverse cross-section of backgrounds and life experiences, according to the White House counsel’s office. Roughly half are men and half are women, all found guilty in the past of nonviolent offenses—ranging from drug possession to fraud or theft—and who have since pursued paths toward personal transformation. Among them is a former church deacon who now serves as an addiction and youth counselor, a doctoral candidate in molecular biosciences who rebuilt her life after conviction, and a decorated military veteran who found ways to contribute positively to the community.
One notable pardon recipient is 46-year-old Louisiana resident and former New Orleans middle school teacher, Trynitha Fulton. She pleaded guilty to a payroll fraud scheme in the early 2000s and received three years of probation in 2008. In a written statement shared with the Associated Press, Fulton reflected on the weight that her conviction had carried in her personal and professional life: “The pardon gives me a sense of freedom,” she wrote. “The conviction has served as a mental barrier for me, limiting my ability to live a full life.” Now active in community service, Fulton helps lead Skyliners-Youth Outreach, a nonprofit supporting young people in New Orleans by providing meals, clothing, shelter, and mental health referrals. “The pardon gives me inspiration to make more impactful decisions personally and professionally,” she added.
Before Thursday’s announcement, Biden had issued 122 commutations and granted 21 pardons. He had also taken the noteworthy step of pardoning individuals convicted on federal lands and in the District of Columbia for simple marijuana possession, as well as former U.S. service members previously punished under a repealed military ban on consensual same-sex relations.
Among the advocates pressing the president to use his clemency power even more broadly are Rep. Jim McGovern (D-Mass.) and 34 other lawmakers. They have urged Biden to pardon attorney Steven Donziger, who spent time either incarcerated or under house arrest due to a contempt of court conviction linked to his legal advocacy on behalf of Indigenous farmers in a landmark environmental case against Chevron.
Meanwhile, criminal justice reformers are calling for commutations for individuals on federal death row. Attorney General Merrick Garland has paused federal executions, honoring at least the spirit of Biden’s campaign promise in 2020 to work toward ending the death penalty. However, no formal action was taken to abolish capital punishment. With the prospect of Trump retaking the White House, advocates fear a resumption of the federal execution spree witnessed during Trump’s first term.
More clemency announcements are expected before Biden’s departure from office on January 20, although the scope of those future actions remains uncertain. White House aides, speaking on condition of anonymity to the Associated Press, confirmed that the president has weighed the possibility of granting preemptive pardons to shield individuals who were involved in investigating the January 6 Capitol riot and attempts to overturn the election. Yet Biden is said to be concerned about the precedent that such a move would set.
Not everyone would welcome such protective pardons. Newly seated California Sen. Adam Schiff, who served on the House committee investigating the January 6 attack, dismissed the idea as “unnecessary.” He argued the president should focus on other pressing matters rather than contemplating clemency as a shield. Similarly, former Rep. Liz Cheney (R-Wyo.), who was instrumental in that investigation, described Trump’s threats of retribution against investigators as “a continuation of his assault on the rule of law and the foundations of our republic.” She expressed hope that Biden would not spend his remaining time in office entertaining this unprecedented use of the clemency power.
Biden’s prior reluctance to grant a pardon to his son and then eventually reversing course sparked a debate over political favoritism. He defended the move by suggesting that the prosecution had been tainted by partisan motives. Surveys from The Associated Press-NORC Center for Public Affairs Research indicate this decision was unpopular with the American public, with only around two in ten respondents expressing approval. Now, following this expansive new round of pardons and commutations for ordinary citizens, criminal justice advocates hope the public will recognize the broader intent: to reaffirm the nation’s commitment to rehabilitation, mercy, and restorative justice—ideals that have long stood at the heart of the clemency power.