In a rare one-on-one interview yesterday at the White House, President Biden forcefully defended his recent clemency decisions that have sparked both praise and controversy across Washington. The President’s actions, which included pardons and commutations for over 30 individuals, represent one of the most significant uses of clemency power in recent administrations.
“I don’t take these decisions lightly,” Biden told me, leaning forward in his chair in the Oval Office. “Each case represents a human life, a family affected, and our nation’s commitment to both justice and redemption.”
The clemency grants primarily focused on individuals serving lengthy sentences for non-violent drug offenses, many of whom were convicted under now-reformed sentencing guidelines that created stark disparities between powder and crack cocaine offenses.
Rachel Barkow, a clemency expert at NYU Law School, called the moves “significant but insufficient given the scale of mass incarceration.” She noted that “thousands more remain incarcerated under outdated sentencing regimes that even Congress has recognized were too harsh.”
The President’s clemency actions arrive amid mounting pressure from criminal justice reform advocates who have criticized the administration for not moving quickly enough to address sentencing inequities. A recent Department of Justice report revealed that over 8,000 individuals remain in federal custody serving sentences that would be shorter if imposed today.
“Look, I promised to restore compassion to our justice system,” Biden said, gesturing to a stack of clemency files on his desk. “These aren’t just cases. They’re people who deserve a second chance.”
Critics, including Senator Tom Cotton of Arkansas, immediately denounced the clemency grants as “soft on crime.” In a statement released hours after the announcement, Cotton claimed the President was “undermining public safety for political gain in an election year.”
When presented with this criticism, Biden’s expression hardened. “With all due respect to the Senator, he hasn’t read these files. I have. Many of these individuals have already served 15, 20 years for non-violent offenses. Their continued incarceration serves no public safety purpose.”
The clemency recipients include Darlene Johnson, a 62-year-old grandmother who served 17 years of a 25-year sentence for a first-time non-violent drug offense. Johnson completed numerous rehabilitation programs and mentored younger inmates during her incarceration.
“Ms. Johnson’s story isn’t unique,” Biden said. “Our prisons are filled with people serving sentences that don’t fit their crimes.”
White House data shows that the administration reviewed over 300 clemency applications before selecting the final recipients. Officials worked closely with the Office of the Pardon Attorney at the Justice Department to identify cases meeting strict criteria, including demonstration of rehabilitation and absence of significant public safety concerns.
Mark Osler, a former federal prosecutor who now advocates for clemency reform at the University of St. Thomas, called the process “more transparent than previous administrations” but noted room for improvement. “The clemency system remains bureaucratically cumbersome,” Osler told me via phone. “These grants are welcome, but structural reform is needed.”
Biden acknowledged these concerns, revealing that he has directed the Justice Department to review the clemency process for potential reforms. “The system shouldn’t be this complicated,” he admitted. “Justice delayed is justice denied.”
Public opinion on clemency remains divided along partisan lines. A recent Pew Research Center survey found that 68% of Democrats support expanded use of presidential clemency powers for non-violent offenders, while only 29% of Republicans agree.
The President’s clemency actions align with other criminal justice initiatives from his administration, including ending federal contracts with private prisons and supporting the EQUAL Act, which would eliminate the sentencing disparity between crack and powder cocaine offenses.
When asked about the political risks of clemency in an election year, Biden dismissed concerns. “I didn’t take this job to make the easy calls. I took it to make the right ones.”
As our interview concluded, the President reflected on the broader significance of the clemency power. “Throughout our history, presidents from both parties have recognized that justice must sometimes be tempered with mercy. That’s not partisan—it’s deeply American.”
The White House indicates that additional clemency grants are under consideration, potentially signaling a more robust use of this constitutional power as Biden enters the final year of his term.
For the families of those granted clemency, the impact is immediate and profound. As Darlene Johnson’s daughter told reporters outside the Federal Correctional Institution in Danbury, Connecticut: “Today, justice finally has a human face.”
