In the final weeks of his presidency, Joe Biden quietly approved one of the largest acts of clemency in American history — but newly obtained internal communications suggest that the sweeping decisions were made with minimal input from victims’ families, Justice Department officials, or even key federal prosecutors.
According to emails and memos reviewed by congressional investigators, Biden commuted the death sentences of 37 out of 40 federal death-row inmates, issued preemptive pardons to five members of his own family, and granted sentence reductions to more than 2,400 inmates convicted of drug-related crimes, some involving violent acts.
The decisions, made between December 2024 and mid-January 2025, have prompted criticism that the Biden administration bypassed the traditional vetting process and excluded both the Justice Department and victims’ families from meaningful consultation. The process is now under review by congressional Republicans and officials in the Trump White House.
Victims’ Families Not Consulted
Justice Department Pardon Attorney Elizabeth Oyer acknowledged in a December 17 memo — sent six days after Biden had already verbally approved the death-row commutations — that her office had only been able to reach victims in 22 of the 40 cases. Of those:
4 victims supported commutation
7 expressed mixed or divided views
11 opposed clemency outright
In the remaining 18 cases, victims were never contacted. In some instances, Oyer wrote, the Justice Department refrained from reaching out at the request of the White House Counsel’s Office.
That timing means the president had already made decisions before many victims’ families even knew clemency was under consideration.
“Out of the total of 40 cases, we have the victims’ views in 22 cases,” Oyer explained. “In most instances, we lack information about the victims’ views because neither the death-sentenced individual nor any co-defendant has submitted a clemency application to our office.”
“Nonviolent” Label Questioned
The Biden White House also raised eyebrows with its language describing thousands of drug-related commutations as cases involving “nonviolent” offenders. Internal Justice Department emails show top officials strongly disputed that characterization.
Associate Deputy Attorney General Bradley Weinsheimer warned colleagues on January 18 that several recipients of clemency had histories of violence, including homicide. He specifically cited the case of Russell McIntosh, who murdered a woman and her toddler, and the cases of Terrence Richardson and Ferrone Claiborne, both convicted of drug trafficking offenses connected to the killing of a police officer.
“We also note that there was no consideration given to victim input in these cases involving violent crimes,” Weinsheimer wrote. He questioned whether Biden had been fully briefed, noting the Justice Department “was largely excluded from the process, which we otherwise opposed.”
Chaotic Rollout
Beyond questions of substance, the rollout of the clemency decisions was marked by confusion. On January 17 — the morning the Biden White House planned to release its list of over 2,400 commutations — Oyer was still emailing White House Counsel’s Office staff asking for details.
“Anxiety is especially high among applicants and their families,” Oyer wrote at 11:58 a.m., just hours before the announcement. “I hope you can share this soon.”
By 1:39 p.m., she sent a second message, describing “nonstop” inquiries from courts, probation officers, and congressional staffers. “I have no explanation to offer them as to why a list is not available. Would greatly appreciate any update.”
Political and Legal Fallout
The revelations have fueled criticism from Republicans who argue Biden sidelined the Justice Department and disregarded victims’ rights in his final days in office. Democrats have defended the use of clemency power as consistent with Biden’s long-standing opposition to the death penalty, but the internal communications raise fresh questions about transparency and accountability.
Whether Biden personally reviewed each case remains unclear. One Biden White House email from Deputy Counsel Tyeesha Dixon suggested he did not. “Michael, thoughts on how to handle this? He doesn’t review the warrants,” she wrote on January 16.
The decisions now form part of a broader investigation into Biden’s end-of-term actions. For victims’ families, however, the process left many feeling ignored. As one official put it in an internal email, “The President’s mind was already made up before the people most impacted were ever given a chance to weigh in.”
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