News / FJP Releases

December 9, 2024 (Washington, D.C.) — A coalition of District Attorneys, Attorneys General, law enforcement officials, former judges, U.S. Attorneys and other criminal justice leaders, submitted a letter to President Joe Biden urging him to commute the sentences of all individuals currently on federal death row. By commuting all pending death sentences to sentences of life imprisonment, President Biden can use his last few months in power to spare the lives of dozens of people, showing leadership, commitment to his values, without jeopardizing public safety or accountability. 

“The death penalty is riddled with error, bias, and injustice. It targets the poorest and most vulnerable among us while failing to provide any meaningful public safety benefits,” said Amy Fettig, acting co-executive director of Fair and Just Prosecution. “During President Trump’s first term, his administration carried out 13 executions in just six months, ending a 17-year hiatus in federal executions. President Biden is a man of conscience, and he has a moral and urgent responsibility to use his executive authority to ensure another killing spree does not occur in the months ahead. Commuting these sentences is not just an act of mercy—it is a decisive step toward justice and human dignity.”

This bold call to action comes as advocates across the country amplify efforts to end the federal death penalty and prevent the resumption of federal executions under a second Trump administration. 

The letter, signed by 38 prosecutors and criminal justice leaders, highlights the inherent flaws in the death penalty, including its racially biased application, lack of deterrent effect, and disproportionate impact on marginalized and vulnerable communities. It also emphasizes that the federal death penalty fails to uphold the constitutional guarantees of due process and equal protection under the law and does not advance public safety.

The signatories call on President Biden to fulfill his campaign pledge to oppose the death penalty, and prevent future administrations from weaponizing capital punishment for political gain. They argue that commuting these sentences aligns with the principles of justice, mercy, and public safety.

Background

The Trump administration’s resumption of federal executions during a global pandemic marked a disturbing departure from decades of progress. Advocates warn that another administration could reinstate this practice, making it critical for President Biden to act now by commuting all existing federal death sentences.

The death penalty has a troubling history in the United States. Studies show that defendants of color are disproportionately sentenced to death. Moreover, the death penalty’s implementation has often ignored evidence of innocence, mental illness, intellectual disabilities, and extreme trauma in the lives of those sentenced to die. 

Statements

Commonwealth’s Attorney James Hingeley – Albemarle County, Virginia:

“As a former public defender with experience representing individuals facing the death penalty, I have seen firsthand the profound injustices of our capital punishment system. The death penalty is riddled with racial bias, targets the most marginalized members of our society, and fails to uphold the principles of fairness and justice. President Biden has a unique opportunity to show moral leadership by commuting the sentences of those on federal death row, an act that would reaffirm our nation’s commitment to dignity and equal justice under the law.”

County Attorney Mary Moriarty – Hennepin County (Minneapolis), Minnesota:

“Justice is the ultimate goal of a prosecutor, and the death penalty is an unjust system that disproportionately impacts defendants of color. Commuting federal death sentences to life imprisonment has no negative impact on public safety and serves the core principles of accountability and justice.”

Commonwealth’s Attorney Ramin Fatehi – City of Norfolk, Virginia:

“The death penalty is outdated, barbaric, and immoral. I beseech President Biden to exercise his power of commutation and convert these sentences of death to sentences of life. We should not use the power of the state to kill our fellow human beings.”

County Attorney John Choi – Ramsey County, Minnesota:

“The United States stands alone among developed nations in terms of the sheer brutality and scale of its capital punishment regime, despite an alarming number of death row survivors who have been proven innocent through forensic evidence in recent decades. This represents a profound moral failing and an affront to the fundamental decency of the American people. By commuting the sentences of those currently on federal death row to life sentences, President Biden can take an important step toward aligning our justice system with the values of fairness, dignity, and humanity.”

Commonwealth’s Attorney Bryan Porter – City of Alexandria, Virginia: 

“The federal death penalty represents a profound failure of our justice system, riddled with inequities and errors that undermine its legitimacy. By commuting the sentences of those on federal death row, President Biden can take decisive action to prevent this deeply flawed system from inflicting further harm. Acting now will save lives and reaffirm our country’s commitment to principles of equity and humanity, and will prevent future administrations from weaponizing this punishment for political ends.”

District Attorney Beth McCann – Denver, Colorado:

“I don’t believe that the federal government should be in the business of executing people convicted of crimes. Yes, there are heinous crimes that are committed by a small number of people. Life in prison is not an easy path for those people and is an appropriate punishment. In my office, we have seen that people do change after many years in prison and, often, the older inmates serve as mentors and models for those who will be released. Sometimes these people are released because of a law change or clemency, and our experience shows that they become productive members of society.”

County Attorney Laura Conover – Pima County (Tucson), Arizona: 

“As the second largest population in Arizona, we simply stopped seeking the death penalty four years ago. When the government has the remaining option of a natural life sentence, which is in fact a sentence to die in prison, then it becomes critical to press our elected officials to re-think whether anything is left to gain by clinging to the old, failed machinery of death that is capital punishment. Put another way, if all of the very real problems with the death penalty can’t be matched by any rational upside, then why would our government want to continue burning taxpayer money on this old, failed scheme? Southern Arizona is proving in fact that we have many, many more important uses for untold millions in taxpayer dollars.”