Having Pardoned His Son, Biden Faces Pressure to Enact Mass Clemency | Truthout


“As the lead author of the 1994 Crime Bill, you have a moral and social 
obligation to repair these harms inflicted on our communities,” the letter to 
Biden reads.

As the media drag out the political drama over President Joe Biden’s pardon of 
his son Hunter Biden, one of the right-wing media’s favorite boogeymen, 
thousands of families ripped apart by the U.S.’s giant system of mass 
incarceration are also asking for relief.

Despite howls from frustrated fellow Democrats, Biden said he reneged on his 
pledge not to pardon Hunter because, as a father, he could not allow his son’s 
future to be compromised by a politically motivated prosecution. Now advocates 
are asking Biden to show the same level of compassion for the 10,000 people who 
have sent clemency petitions to his desk and the 40 people facing execution on 
death row.


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Presidential clemency powers generally allow Biden to commute sentences and 
reduce a petitioner’s time in prison or save them from execution, while a 
presidential pardon prevents punishment for federal criminal charges now and in 
the future. When Biden performed the traditional pardoning of Thanksgiving 
turkeys last week, death penalty opponents pointed out that the president has 
yet to save a single human being from execution.
“The truth is the people that the president can help right now do not have him 
as a father, but he could protect a lot of other families,” said DaMareo 
Cooper, co-executive director of Popular Democracy, in an interview.

Biden points to Hunter’s recovery from addiction to argue that his son deserves 
another chance. DaMareo said thousands of other families feel the same way 
about their loved ones serving long sentences in federal prison for 
drug-related crimes or marred by a criminal record. Many are Black and Latino 
families, DaMareo said, and when you add everyone together, the number of 
people Biden can help right now is many times higher than 10,000.

“This could be his one standup moment,” DaMareo said.

In addition to pardoning turkeys, presidents often pardon famous people with 
political connections during their final weeks in office. At the end of his 
first term, President-elect Donald Trump controversially pardoned celebrities, 
political allies and family members who were facing federal criminal charges or 
seemed at risk of doing so in the future.
So far, Biden has issued pardons at a lower rate than both Trump and Barack 
Obama, but the White House has suggested that more pardons are on the way. 
Obama signed off on 1,927 clemency petitions compared to Trump’s 238, according 
to the Justice Department.


In a letter to the White House, an alliance of grassroots racial justice and 
public safety groups has argued that President Biden has a moral obligation to 
go much further than previous presidents. The groups are calling on Biden to 
establish an independent clemency review board to examine all 10,000 clemency 
petitions on his desk.

As a senator, Biden championed harsh anti-drug laws in the 1980s and wrote the 
omnibus 1994 crime bill that passed during the racist hysteria over crack 
cocaine and other drugs. The 1994 crime bill has a complicated legacy on its 
own, but taken together, this suite of federal legislation contributed to the 
acceleration of mass incarceration in the United States, which has imprisoned 
more of its population than any other nation since 2002.

“As the lead author of the 1994 Crime Bill and a major supporter of a number of 
bills in the 1980s, all of which have severely harmed Black, Brown, Indigenous, 
and poorly resourced communities around the country for a generation, you have 
a moral and social obligation to repair these harms inflicted on our 
communities,” the letter to Biden reads.

DaMareo remembers growing up in a Black community that was heavily policed for 
crack cocaine at the time. Young people disappeared into the prison system for 
years. His teenage cousins were labeled “superpredators,” a media myth based on 
extremely racist tropes that significantly harmed an entire generation of Black 
youth. Corporate media and politicians spread anti-Black myths about “crack 
babies” and “welfare queens” that have been resoundingly debunked.

In the 1980s and 1990s, DaMareo said, police and policy makers saw Black and 
Latino people who used crack as “human trash” — both criminal and disposable. 
Today the most stigmatized drugs on the street are synthetics such as fentanyl 
that reach far beyond urban markets, and white users have disproportionately 
benefited from policies that treat addiction more like a medical issue rather 
than a crime.

Ahead of his presidential run in 2019, Biden apologized to the civil rights 
community for his tough-on-crime stances during the 1980s and 1990s. The 
anti-drug laws of the time mandated tougher sentences for crack cocaine than 
powder cocaine, creating massive racial disparities in sentencing. Biden 
admitted it was the wrong approach.

“Our president now knows more about addiction and substance abuse and how that 
leads to criminal activity,” DaMareo said. “He knows more because we all know 
more now, and we are saying, you know better so do better.”

Neil Berry, a community advocate with VOCAL-NY, became an activist after he was 
wrongfully convicted of a crime in 1988 and served eight years in a New York 
state prison. Berry, who is Black, met other men in prison who were convicted 
of crimes they did not commit and fought their cases until all legal options 
ran out.

“I was locked up with guys who had wrongful convictions, and they had been in 
there 20 or 30 years,” Berry said in an interview. “There was no pathway to 
exoneration, and some of them are still in there.”

Berry was incarcerated at the height of the “war on drugs” and described 
meeting people who were serving 20 to 30 years for selling marijuana, for 
example. Others are still serving long sentences into old age despite finding 
“redemption and rehabilitation” through community organizing both inside and 
outside of prison.
Berry is now the champion of the Challenging Wrongful Convictions Act in New 
York, a bill that would establish a right to counsel for wrongful conviction 
claims and allow defendants to bring new evidence — including DNA evidence — to 
court post-conviction. Currently, state law makes it nearly impossible to 
challenge a wrongful conviction, Berry said, so the bill aims to change that.
The bill was passed by the state legislature and must be signed by Gov. Kathy 
Hochul, a Democrat, by the end of the year to become law.

Even if Hochul signs the bill, innocent prisoners will still have to fight for 
their freedom in court. Berry said the clearest path to exoneration will always 
be clemency granted by a governor or president with a pardon or commuted 
sentence. Berry called on Biden to extend the same compassion he has for Hunter 
to other families.

“He pardoned his own son, I can see the love there, but that is like a slap in 
the face for so many people who are fighting through the court system,” Berry 
said. “There are so many people who are so deserving.”
Mike Ludwig








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