In the days leading up to Thanksgiving 2024, President Joe Biden participated in the traditional turkey pardoning ceremony, a lighthearted event organized by the National Turkey Federation to support agribusiness. While this ritual receives significant media attention, it draws attention to a more serious issue: the underuse of presidential clemency powers.
These powers, granted by Article II of the U.S. Constitution, allow presidents to grant reprieves and pardons, not only for individuals who have been wronged by the legal system, but also to address broader injustices within the criminal justice system.
During this time, criminal justice reform advocates have called for Biden to use his clemency powers more broadly, particularly to address systemic issues like mass incarceration.
They argue that clemency could help address long-standing injustices, especially for individuals disproportionately affected by the criminal justice system. This is particularly pressing for those on death row, a group often overlooked in modern clemency practices.
Leah Wang, a senior analyst at the Prison Policy Initiative, has emphasized the need for a more expansive view of clemency, particularly for individuals on death row. She points out that while the turkey pardoning ceremony symbolizes choosing life over death, it is ironic that clemency is rarely used to spare human lives. There is a clear opportunity for leaders to act on these values by addressing the unfairness in death penalty cases.
Critics Urge Biden to Use Clemency Powers for Criminal Justice Reform Amid Thanksgiving Turkey Pardoning
This argument for clemency is gaining momentum, with 67 members of the House of Representatives, led by figures like Ayanna Pressley, James E. Clyburn, and Mary Gay Scanlon, urging President Biden to act.
Their letter to the president, sent on November 20, 2024, advocates for a bolder use of clemency to address the country’s ongoing crisis of mass incarceration. They urge Biden to take action before the end of his presidency, highlighting the potential for clemency to reunite families and reverse some of the damage caused by the criminal justice system.
Mass incarceration remains a significant problem in the U.S., with nearly two million people incarcerated in prisons and jails. This has resulted in one in two adults having an incarcerated family member.
The costs of this system are staggering, with taxpayers spending an estimated $182 billion annually on incarceration, a sum that exceeds the entire budget of the U.S. Department of Education. Despite this, many in the incarcerated population pose no real threat to public safety.
The letter from the House members argues against the continued reliance on incarceration, particularly for non-violent offenders. Around 90% of the federal prison population is convicted of non-violent crimes.
The growing prison population, combined with the enormous cost, has created a crisis that requires immediate attention. The letter stresses the need for systemic reform and calls on the president to use his clemency powers to address these issues.
Beyond individual cases, such as the long-standing campaign for clemency for Leonard Peltier, an Indigenous rights activist who has spent nearly 50 years in prison for crimes he says he did not commit, there is a broader need for clemency. Peltier’s case highlights the racial and procedural injustices that can be corrected through clemency, offering an example of how this power can address historical wrongs.
Emily Galvin-Almanza, the executive director of Partners for Justice, argues that clemency is a critical tool in alleviating the strain on the criminal justice system. She notes that clemency powers have historically been used frequently, with presidents issuing pardons to thousands of individuals.
Critics Urge Biden to Use Clemency Powers for Criminal Justice Reform Amid Thanksgiving Turkey Pardoning
However, the rare use of clemency in recent decades has led to a situation where the need for reform is clear, but the clemency process remains underused.
Galvin-Almanza also points out that, while President Obama made notable use of his clemency powers, modern presidents have been more hesitant to act.
She highlights that Biden, despite his participation in the annual turkey pardoning ceremony, has not granted clemency to any of the 40 individuals currently on federal death row. Many of these individuals could have their lives spared through clemency, yet this power remains largely untapped.
The debate surrounding clemency highlights a broader issue within the U.S. criminal justice system. While the public enjoys the symbolic pardon of turkeys, the more pressing need is for presidential intervention to correct injustices affecting real people, many of whom have been incarcerated for decades.
With time running out in his presidency, Biden has an opportunity to use his clemency powers in a way that could address the flaws of the criminal justice system and bring relief to thousands of individuals who have been wronged by it.
