Former Federal Judges Urge Biden to Commute Federal Death Row Sentences Amid Systemic Concerns
As the Biden presidency nears its end, 24 former federal judges are urging President Joe Biden to commute the sentences of federal death row inmates to life without parole. The letter, signed by notable former judges, calls on Biden to take decisive action against what they describe as a fundamentally flawed system.
Legal reporter Chris Geidner shared the letter Monday, highlighting that it was signed by former federal and appeals court judges, including David Tatel (D.C. Circuit) and Diane Wood (7th Circuit), “both of whom left the bench earlier this year.”
The judge’s letter emphasizes systemic issues within the federal death penalty system, including racial bias, inadequate legal representation, and intellectual disability among defendants.
“Based on our experience and understanding, the administration of the federal death penalty has been rife with fundamental problems, including race discrimination in trial and sentencing, intellectual disability of defendants, and appallingly poor legal representation,” the letter states. “Accordingly, federal executions should not proceed. We urge you to use your constitutional commutation power.”
NEW: Twenty-one former federal judges, including multiple former appeals court judges, urge President Biden to clear the federal death row. They include David Tatel (D.C. Cir.) and Diane Wood (7th Cir.), both of whom left the bench earlier this year. www.documentcloud.org/documents/25…
— Chris Geidner (@chrisgeidner.bsky.social) December 11, 2024 at 8:48 PM
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The push to clear federal death row comes amid growing calls for reform, with Biden having campaigned on ending the federal death penalty. Critics argue that his administration has not taken sufficient steps to fulfill that promise.
In a related effort, Geidner also shared a letter signed by families of murder victims who support commuting death sentences to life imprisonment.
“While we may have different views on various issues related to the death penalty, we are united in our view that it is appropriate and important for you to commute all federal death sentences to life in prison without parole,” the families wrote.
This unusual coalition — former judges and families of victims — reflects a shared belief that the federal death penalty is unsalvageable in its current form.
The letter places mounting pressure on Biden to act, particularly as presidents traditionally issue pardons and commutations in their final months in office. While Biden has imposed a moratorium on federal executions, advocates argue that clearing death row entirely would send a stronger message about justice and equity.
With bipartisan scrutiny of the death penalty system growing, the judges’ plea underscores what they view as an urgent need to address its “fundamental problems” before Biden’s term ends. Whether he will heed their call remains to be seen.