When discussing presidential legacies, clemency decisions often stand out, and Joe Biden’s presidency is no exception.
During his time in office, the 82-year-old former president issued an unprecedented number of pardons, cementing his place in history as one of the most prolific in granting mercy.
A Record-Breaking Number of Pardons
Joe Biden granted a staggering 8,064 pardons, a number that dwarfs those of many of his predecessors.
Among these, 6,500 were part of a sweeping move to pardon individuals convicted of marijuana possession, signaling his administration’s stance on criminal justice reform.
While Jimmy Carter still holds the record with over 200,000 pardons for draft dodgers, Biden’s total ranks second, surpassing all other modern presidents.
For comparison, Donald Trump issued 237 pardons during his first term, while Barack Obama granted 1,927 clemencies over two terms.
Even Andrew Johnson, who granted 7,654 pardons, falls just short of Biden’s tally.
Pardons for Family Members
One of Biden’s most controversial acts came just minutes before leaving office, when he pardoned several family members.
Those included in this sweeping pre-emptive clemency were his brother James Biden, his sister Valerie Biden Owens, and other close relatives.
Biden defended the decision, citing relentless partisan attacks on his family.
The pardons extended to cover all “nonviolent” actions dating back to 2014.
However, the timing and nature of these decisions drew criticism, with some accusing Biden of shielding his family from scrutiny.
His son Hunter Biden, who had faced legal issues, was also pardoned, despite Biden previously vowing not to intervene.
Clemency for Public Figures
Biden’s clemency list wasn’t limited to family.
He also issued pre-emptive pardons for high-profile figures like General Mike Milley, Dr. Anthony Fauci, and former Representative Liz Cheney.
These decisions, particularly the inclusion of individuals involved in investigating the January 6 Capitol riot, sparked heated debates.
Commutations and Controversy
In addition to pardons, Biden commuted nearly 1,500 sentences in a single day, marking the largest act of clemency in modern history.
However, some of these decisions, such as commuting the sentence of Marvin Gabrion—convicted of a 1997 rape and murder—drew sharp backlash.
The victim’s father publicly criticized Biden’s decision, calling it “despicable.”
David Axelrod’s Criticism
David Axelrod, a key figure in Barack Obama’s administration, did not hold back his disapproval of Biden’s last-minute pardons.
On the Hacks on Tap podcast, Axelrod described the timing as cowardly, accusing Biden of avoiding accountability.
He argued that these decisions only muddied the narrative around the January 6 riot and gave political ammunition to Trump.
Trump’s Clemency Moves
Donald Trump, meanwhile, took a different approach to pardons during his presidency.
In his first term, he issued 237 pardons, but as he re-entered office, he quickly pardoned January 6 rioters, Silk Road founder Ross Ulbricht, and pro-life protestors.
In total, Trump’s clemency decisions have now exceeded 1,700.
A Divisive Legacy
Joe Biden’s clemency record has left a mixed legacy.
While some hail his sweeping reforms and efforts to address systemic issues, others criticize the timing and beneficiaries of his pardons.
As debates about presidential clemency continue, Biden’s actions remain a significant chapter in the story of American justice.
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