The One-Day Commutations of 1,500 Americans: A Good Policy, Despite the Nepotistic Pardon of Hunter Biden
President Joe Biden recently commuted the sentences of 1,500 Americans in home confinement, a move hailed by both Republicans and Democrats. This commutation is part of the CARES Act, which was passed in 2020 to combat the spread of Covid-19. The CARES Act allowed for the release of 13,204 Federal Bureau of Prison (BOP) inmates for home confinement under certain criteria, including being the lowest level of risk, nonviolent, and having no disciplinary infractions.
The individuals who were released under this program have proven to be successful outside of a carceral setting, working, paying taxes, and contributing to their families and communities. While the commutation of their sentences may have taken too long, it is a good move.
However, the pardons granted by Biden, including the one to his son Hunter, have raised concerns about the politicization of the clemency system. Instead of using clemency as a means to reward family members or financially well-connected individuals, Biden and Congress should focus on making the system more transparent and fair.
Furthermore, the Biden administration has a responsibility to thoroughly review all clemency applications, including those of deserving Americans who are serving disproportionately long sentences. The current system is plagued by secrecy and favors, which is unfair to those who are seeking clemency.
In addition, 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 the individual for a lifetime, and they may still face barriers to securing a job, housing, or even running a small business.
The House Judiciary Committee should consider the Weldon Angelos Presidential Pardon Expungement Act, which would establish a process for expungement eligibility following a presidential pardon. This law would not automatically expunge any records and would allow both the pardon recipient and the federal government to weigh in on whether an expungement is appropriate.
Ultimately, Biden and Congress have an opportunity to advance principled clemency policies for consistent sentencing and uphold our American values of mercy and redemption.
