Biden Commutes Sentences of About 1,500 Americans: 5 Things to Know

President Joe Biden gives remarks in the Roosevelt Room of the White House on Oct. 8, 2024. Anna Moneymaker/Getty Images

President Joe Biden on Dec. 12 commuted the sentences of about 1,500 people convicted of crimes and pardoned 39 people. This follows his pardoning of his son, Hunter Biden, earlier this month.

The number of people to whom Biden granted clemency was “the most ever in a single day,” according to a White House 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,” Biden said in the statement.

Record Number of Commutations in a Day

The commutations announced on Dec. 12 are for 1,499 people who have been serving home sentences for at least one year under the CARES Act, which was passed in 2020 during the COVID-19 pandemic, when some prison inmates were released in part to stop the spread of the virus.

The White House stated that those pardoned “have shown successful rehabilitation and a strong commitment to making their communities safer,” adding that they have “successfully reintegrated into their families and communities” since the COVID-19 pandemic release.

The names of those who were granted clemency were released on the White House website.

New Pardons Announced

People who were pardoned on Dec. 12 were convicted of nonviolent offenses such as drug crimes, according to the White House.

They include a woman who led emergency response teams during natural disasters, a church deacon who works as a counselor, and a military veteran.

The president had previously issued 122 commutations and 21 other pardons. He has also broadly pardoned those convicted of the use and possession of marijuana on federal lands and in the District of Columbia and pardoned former U.S. service members convicted of violating a now-repealed military ban.

Earlier this month, the president pardoned Hunter Biden for two federal tax and gun convictions, which were scheduled for sentencing in the coming weeks. Biden also pardoned his son for any other crime that he may have committed between Jan. 1, 2014, and Dec. 1, 2024.

Biden said on Dec. 1 that his son was “unfairly prosecuted” and “was treated differently” because he’s the president’s son.

“He believes in the justice system, but he also believes that politics infected the process and led to a miscarriage of justice,” White House press secretary Karine Jean-Pierre said. She, along with the president and other White House officials, had previously said that Hunter Biden would not get a pardon.

The pardon of the president’s son drew bipartisan criticism, with Democratic Colorado Gov. Jared Polis saying it sets a “bad precedent” that might be abused by future presidents.

What Are Commutations and Pardons?

The U.S. Constitution stipulates that a president has the power to grant clemency, which includes both pardons and commutations. A pardon forgives federal criminal offenses; a commutation reduces penalties but isn’t as sweeping.

It’s customary for a president to grant pardons or commutations at the end of his term, using the power of the office to wipe away criminal records or end prison terms.

The power of clemency has its roots in English law. It made it across the ocean to the American colonies and became embedded in U.S. law. The U.S. Supreme Court has found the presidential pardon authority to be very broad.

In his first term, President Donald Trump granted 237 acts of clemency, while President Barack Obama granted clemency 1,927 times in his eight years. Presidents have forgiven drug offenders, people convicted of fraud, Vietnam-era draft dodgers, soldiers who fought for the Confederacy in the Civil War, and many others.

Over the years, some presidential acts of clemency have been controversial.

Notably, in 1974, President Gerald Ford preemptively pardoned his predecessor, Richard Nixon, months after he resigned from office following the Watergate scandal.

Biden Suggests More Pardons in Coming Days

In his statement on Dec. 12, Biden suggested that he would issue similar orders before leaving office on Jan. 20, 2025, saying he “will take more steps in the weeks ahead.”

Rep. Jim McGovern (D-Mass.) and 34 other lawmakers are urging the president to pardon environmental and human rights lawyer Steven Donziger, who was imprisoned or under house arrest for three years because of a contempt of court charge related to his work representing farmers in a lawsuit against Chevron.

Others have called on Biden to commute the sentences of federal death row prisoners.

Some Democratic lawmakers have publicly said Biden should issue preemptive pardons for certain people.

In an interview in November, Sen. Ed Markey (D-Mass.) said that “if it’s clear by Jan. 19” that it appears some prominent individuals could be targeted, “then I would recommend to President Biden that he provide those preemptive pardons to people because that’s really what our country is going to need next year.”

Regarding preemptive pardons, Sen. Adam Schiff (D-Calif.) told Politico: “I would urge the president not to do that.

“I think it would seem defensive and unnecessary.”

Calls to Pardon Trump Emerge

This week, a prominent Democratic lawmaker suggested that Trump should be pardoned in the two federal cases that were brought against him by special counsel Jack Smith.

During an MSNBC interview, Rep. Jim Clyburn (D-S.C.), the former House Democratic majority whip, said in response to a question about whether Biden should pardon Trump: “Yes, I do think so.

“And I think he should pardon all of those people that have been accused and have been targeted so we can clean the slate and have an air of possibilities for the future.

“If we keep digging up things of the past, I’m not too sure the country would not lose its way.”

Clyburn also defended Biden’s decision to pardon his son for two federal convictions.

Outgoing Sen. Joe Manchin (I-W.Va.), a former Democrat, also suggested earlier this month in a CNN interview that Biden should pardon Trump.

Sen. John Fetterman (D-Pa.) wrote on Truth Social on Dec. 10 that Trump should be pardoned for the New York case earlier this year in which he was found guilty on 34 counts of falsifying business records. However, only the governor of New York can issue that pardon because it was a state crime.

The Associated Press contributed to this report.