Biden Commutes 38 Death Sentences, Fearing They May Be Executed Under Trump

US President Joe Biden on Monday commuted the death sentences of 37 of the 40 federal inmates on death row, ahead of the return of Donald Trump who oversaw a sweeping number of executions during his first term.

Three men, convicted of terrorism or hate crimes, will remain on federal death row: one of the 2013 Boston Marathon bombers, a gunman who murdered 11 Jewish worshippers in 2018 and a white supremacist who killed nine Black churchgoers in 2015.

Democrat Biden had imposed a moratorium on the federal death penalty but was under pressure to act before leaving the White House on January 20, amid signals from Republican Trump that he would resume the practice.

Those who had their death sentences commuted to life imprisonment included nine people convicted of murdering fellow prisoners, four for murders committed during bank robberies and one who killed a prison guard.

“Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss,” Biden said in a statement.

“But guided by my conscience and my experience… I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted.”

Trump ended a 17-year pause in federal executions in 2020, during his first term in office. He then oversaw 13 lethal injections during his final six months in power, more than any US leader in 120 years.

The three remaining federal death row inmates include Dzhokhar Tsarnaev, who helped carry out the 2013 Boston Marathon bombing, and Dylann Roof, an avowed white supremacist who in 2015 shot and killed nine Black churchgoers in Charleston, South Carolina.

Biden campaigned for the White House as a death penalty opponent, and the Justice Department issued a moratorium on its use at the federal level after he became president.

But Trump frequently spoke on the campaign trail about expanding the use of capital punishment to include migrants who kill American citizens and drug and human traffickers.

The death penalty is normally carried out at state level in the United States but the federal government can also seek execution for a limited set of crimes, including terrorism and killings of judicial officials.

The last federal execution — carried out by lethal injection in Terre Haute, Indiana — occurred on January 16, 2021, four days before Trump left office.