Thread by @RachelBarkow

This seems like a good time to emphasize the relationship between the clemency power and Biden's legacy. As Mark Osler and I noted in September in a NY Times op-ed, Biden's pardon/commutation record is grim right now -- a historically low grant rate. /1

So the Hunter pardon stands out because it's so anomalous. It's not like Biden has been showing concern for people given excessive sentences or singled out for harsh treatment. /2

Many of us clemency advocates have been urging him for almost four years to use this power to correct injustices -- including some he created as the leader behind the insane mandatory minimum drug sentencing legislation that still exists today. /3

But he hasn't done that and has instead settled for symbolic gestures like a marijuana pardon proclamation that didn't release a single person from prison. /4

If he stops right now, he will go down in history as someone with one of the worst pardon records because he's helped so few regular people and singled out his son. But there is still time to right the ship. /5

Mark Osler and I laid out the easiest cases to focus on in the time remaining. He shoudl commuting federal death row sentences to life and fulfill his campaign promise to address the federal death penalty. /6

He should sign off on all the petitions that have been vetted by the Pardon Attorney and DOJ that have been recommended for granting. If a petition can get through that gauntlet, there is no reason for lawyers in the WH to spend time second guessing for political reasons. /7

There are thousands of people already out under the CARES Act, which allowed for release from prison because of the dangers of COVID. They are at risk of being sent back without clemency and have proven they can be safely out. /8

There was also no reason to stop the marijuana pardon at those charged with only possession. We still have people in prison for doing what others are now doing with state approval. They should get relief as well. /9

There are people who fell into a loophole and cannot get compassionate release because they fell under old federal laws and are eligible for a parole system that does not apply to most people anymore. These are called "old law" incarcerated people, and they also need relief. /10

These are all easy cases. I would add many others -- people of advanced age, people who would not get the same sentence today because of changes in the law but who did not get the benefit of retroactive release, people who have shown rehabilitation. /11

But the clock is ticking, and I get that we may have to settle for the easy ones. There is no reason not to at least grant those, and today's pardon puts all the more pressure on Biden to do it. His legacy hangs in the balance. /12

The way you show you don't just care about your own family is by using the powers of the presidency for everyone -- and so many people need this relief. If you want to read more, here's the op-ed: . /Endnytimes.com/2024/09/18/opi…