Biden and Congress must do more to make things right instead of allowing the systemic politicization of our nation’s clemency system
Biden commutes nearly 1,500 sentences, pardons 39
Fox News' Brooke Singman provides details on President Biden's record-setting act of clemency.
The one-day, record-breaking, commutations of 1,500 Americans in home confinement by President Joe Biden is good policy despite being an unabashedly transparent political salve for the wound caused by his nepotistic, blanket pardon of his son Hunter. Adding insult to injury, many are questioning a handful of outrageous presidential pardons made under the radar last month which may preemptively provide cover for more Biden family corruption. Instead of the systemic politicization of our nation’s clemency system, Biden and Congress must do more to make things right.
Heralded by Republicans and Democrats alike, the commutation of the individuals on the CARES Act home confinement is warranted. It’s one of the most successful criminal justice initiatives in this country with a 3.7% recidivism rate -- a fraction of the national average. To combat the spread of Covid, Congress passed the CARES Act in 2020 and cleared 13,204 Federal Bureau of Prison (BOP) inmates for home confinement under criteria set by former U.S. Attorney General Bill Barr: those who were the lowest level of risk, nonviolent, and had no disciplinary infractions.
These individuals were held accountable for their crimes, and through changed behavior and abiding the law, a majority are succeeding outside a carceral setting. They proved their positive impact on public safety by working, paying taxes and contributing to their families and communities. The commutation of sentence of the CARES Act home confinement individuals should have happened earlier but is nonetheless a good move.
People, cases, and the law can change in ways that justify reviews to determine if any remaining period of incarceration is necessary for public safety. In a recent letter to Biden, numerous conservative and faith-based organizations urged Biden to return to a broad and principled clemency effort.
We cannot afford to forget the thousands of deserving Americans in our federal prisons already serving disproportionately long sentences, often longer than they would receive if sentenced today.
Clemency is not an act of leniency. Sentencing laws must be applied consistently to every American, and clemency should never be shrouded in secrecy or offered as favors to family or financially, well-connected individuals. While Biden's apparent misuse of his presidential clemency powers overshadows the likely January 6th pardons from President-elect Donald Trump, we cannot afford to forget the thousands of deserving Americans in our federal prisons already serving disproportionately long sentences, often longer than they would receive if sentenced today.
The Biden administration has a responsibility to not stop until all clemency applications are thoroughly reviewed. It’s a rare few who are fully pardoned or who receive a commuted sentence, but if we can reduce incarceration without compromising public safety, doesn’t every American deserve a chance to leave their worst mistake behind them?
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And that’s not all. Despite common perceptions, the scarlet letter of a federal criminal conviction is not erased by a presidential pardon or a sentence commutation. Under current law, the criminal record follows them for a lifetime, and -- depending on where they live –- they will still face barriers to securing a job, housing, or even the ability to run a small business.
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Consider the life of Weldon Angelos, a man whose sentence was commuted by President Barack Obama and later pardoned by President Donald Trump in 2020. Today, he’s a successful music producer and clemency advocate, but Angelos’ federal criminal record continues to impede his endeavors. He served 13 years for selling marijuana to undercover police while carrying a weapon when he was 23, and although he never used or brandished the weapon, he was sentenced to 55 years in prison.
A pardon from a U.S. president forgives but does not forget, and legally there is no recourse. That’s why the House Judiciary Committee should consider the Weldon Angelos Presidential Pardon Expungement Act, a process for expungement eligibility following a presidential pardon.
This process would not look favorably upon someone like Hunter Biden, as it does not automatically expunge any records. Instead, this law would set up a process by which both the pardon recipient and the federal government can weigh in on whether an expungement is appropriate.
Too many American cities and communities are combating violent crime, our prisons are busting at the seams, and law enforcement is stretched thin across the nation. Biden and Congress have an opportunity to advance principled clemency policies for consistent sentencing and uphold our American values of mercy and redemption.
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Brett Tolman is executive director for Right on Crime and former United States attorney for the District of Utah. Tolman was a leading figure in the drafting and passage of the First Step Act, one of the most sweeping reforms of the federal criminal justice system in decades.
