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clemency
Biden Preemptively Pardons Members of January 6 Panel, Other Trump Targets
"Even when individuals have done nothing wrong—and in fact have done the right thing—and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances," said the outgoing president.
Jan 20, 2025
This is a developing news story... Please check back for possible updates...
In the final hours of his presidency, Joe Biden on Monday issued preemptive pardons to a number of current and former lawmakers and public officials whom President-elect Donald Trump has attacked.
Those pardoned include Anthony Fauci, the former director of the National Institute of Allergy and Infectious Diseases; Mark Milley, former chairman of the Joint Chiefs of Staff; and members of the House select committee that investigated the January 6, 2021 insurrection incited by Trump, who has pledged to pursue retribution against his political opponents.
"The issuance of these pardons should not be mistaken as an acknowledgment that any individual engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense," Biden said in a statement. "Our nation owes these public servants a debt of gratitude for their tireless commitment to our country."
"These are exceptional circumstances, and I cannot in good conscience do nothing," the outgoing president continued. "Even when individuals have done nothing wrong—and in fact have done the right thing—and will ultimately be exonerated, the mere fact of being investigated or prosecuted can irreparably damage reputations and finances."
Biden has made sweeping use of his clemency powers in the final days of his White House term, commuting the sentences of thousands of people convicted for nonviolent drug offenses and almost completely emptying federal death row.
But Biden has not granted clemency to several high-profile individuals whose causes progressive lawmakers and human rights organizations have championed, including Charles Littlejohn—a former IRS contractor serving a five-year prison sentence for leaking the income tax records of thousands of rich Americans, Trump among them—and Steven Donziger, who faced an unprecedented legal assault led by Chevron after he helped secure a historic settlement against the company over oil dumped in the Amazon rainforest.
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Biden's Clemency Clock Winds Down for Donziger, Littlejohn, Peltier, and Assange
There are only a few days left for Biden to heed calls for clemency coming from a diverse array of rights groups.
Jan 17, 2025
Outgoing U.S. President Joe Biden announced commutations on Friday for approximately 2,500 people who have been convicted of non-violence drug crimes—a move that was cheered by rights groups and brings his total number of pardons and commutations to the highest of any president.
But Biden has so far stopped short of granting clemency to a number of high profile individuals whose cases—while all very different—have generated significant public interest and sympathy. They include: the former IRS contractor Charles Littlejohn, the environmental lawyer Steven Donziger, Indigenous activist Leonard Peltier, and WikiLeaks founder Julian Assange.
The cases have prompted a flurry of calls from various groups for Biden to take action on the cases before he hands over the White House to President-elect Donald Trump on January 20.
Littlejohn was sentenced in January 2024 to the five years in prison for unauthorized disclosure of tax information to the media. In 2020, The New York Times published a story based on information leaked byLittlejohn revealing that Trump paid only $750 in federal income taxes the year he won the presidency and in 2017. Later, journalists at ProPublicaused documents made available by Littlejohn to report on how the wealthiest 25 individuals in America were able to get away with paying very little in income tax between 2014 and 2018.
Given the nature of his case, Kenny Stancil of the Revolving Door Project and Bob Lord of the Institute for Policy Studies, wrote in December that Littlejohn "very well could be on Trump's enemies list" and urged Biden to commute his sentence.
"The longer Littlejohn languishes in jail, the more he is at risk of retribution from Trump," wrote Stancil and Lord, who also highlight that Littlejohn was given the statutory maximum sentence for his crime.
On Thursday, millionaire Abigail Disney penned a defense of Littlejohn, writing that Biden should commute his sentence because he "did the nation a great service by spotlighting the urgent need for tax reform in a country being ripped apart by extreme and rising inequality."
Indigenous leaders and the human rights organization Amnesty International are calling for clemency for another man who is currently behind bars: the Indigenous rights activist Leonard Peltier, who was convicted in 1977 of having murdered two FBI agents and has spent the majority of his life in prison, despite concerns about the fairness of his trial and conviction.
Peltier had his request for parole and compassionate release denied last year, meaning clemency is "likely his only chance for freedom," according to Amnesty International.
"All of us see a little bit of ourselves in Leonard Peltier, and that's why we fight so hard for him," said Nick Tilsen, the founder and CEO of NDN Collective, an Indigenous rights group. "This is about paving a path forward that gives us the opportunity to have justice and begin to heal the relationship between the United States government and Indian people. And so, this decision is massive."
Meanwhile, 50 human rights and environmental groups sent a letter in early January to President Biden, urging him to pardon U.S. human rights lawyer Steven Donziger, who secured a multibillion settlement for Indigenous plaintiffs against Texaco (later acquired by Chevron) in an Ecuadoran court over the company's destructive oil pollution in the Amazon, but was later charged with criminal contempt of court in the U.S. for withholding evidence in a countersuit brought by Chevron. Donziger was disbarred in 2018, and then spent time in both prison and under house arrest.
Rep. Jim McGovern (D-Mass.), who has called for Donziger's pardon, recently toldDemocracy Now! that "Chevron has spent countless millions and millions of dollars going after Steven Donziger and not helping a single person in Ecuador deal with what they left behind. We have to stand up to corporate excesses in this country."
"If President Biden would pardon him, I think that would be a signal that maybe things are beginning to change," he added.
Also this week, press freedom and civil liberties organizations demanded that Biden pardon WikiLeaks founder and publisher Julian Assange, who last year—as a way to avoid extradition to the U.S. after languishing for years in a British prison—pleaded guilty to a felony charge under the U.S. Espionage Act of conspiring to obtain and disclose classified national military documents. Per the terms of the plea deal, he was allowed to return to his native Australia and is no longer incarcerated.
Freedom of the Press Foundation director of advocacy Seth Stern said in a statement Thursday that Assange's case "normalized the criminalization of work national security journalists do every day—talking to sources, obtaining documents from them, and publishing those documents."
"A pardon won't undo the harm the case has done to the free press or the chilling effect on journalists who now know their work can land them behind bars at the whim of the Department of Justice. But it will help reduce the damage," he said.
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Pardon Me: Ending the Stigma That Harms Generations
When we reduce people to their convictions, we fail to see their humanity, their potential, and the harm this judgment causes not just to them but to their families.
Dec 25, 2024
U.S. President Joe Biden’s recent clemency grants to 1,500 Americans sparked renewed discussions about second chances.
Yet for millions of parents—mothers and fathers—the shackles of their past legal convictions extend far beyond their time served. The collateral consequences of a criminal record don’t just haunt individuals. They ripple through families, shaping the lives of children who had no part in their parents’ mistakes.
As someone who has traversed the lasting consequences of a conviction, I know firsthand how society judges parents like me—not by the love and care we provide our children but by the labels of our past. But when we reduce people to their convictions, we fail to see their humanity, their potential, and the harm this judgment causes not just to them but to their families.
The collateral consequences of a criminal conviction aren’t just abstract statistics—they’re the missed field trips, the lost jobs, the countless times parents must tell their children, “I’m sorry, but I can’t.”
Around 77 million Americans, or one in three Americans, have criminal records, according to the National Conference of State Legislatures. Each year, more than 600,000 Americans are released from prison and reenter society. It is a transition rife with barriers of injustice, prejudice, racism, and inequality.
The United States has more than 44,000 laws and policies that restrict people with criminal convictions from accessing basic rights and opportunities. These rules create barriers to housing, employment, education, and even parenting. For mothers and fathers, the inability to rebuild their lives post-incarceration isn’t just a personal struggle—it’s a family crisis.
One of the most painful moments after my conviction was realizing I couldn’t chaperone my 13-year-old daughter’s eighth grade field trip because of my record. Telling her I wasn’t allowed to go broke something inside me.
For parents like me, these moments happen all the time—when we can’t volunteer at school, rent an apartment near better schools, or secure a job that provides stability. To our children, it feels like rejection.
One report estimates that the number of children with incarcerated parents ranges from 1.7 to 2.7 million. Research shows these children are more likely to face emotional, behavioral, and academic challenges. They’re often treated as if their parent’s conviction is their fault. This stigma perpetuates cycles of poverty and marginalization, making it harder for families to break free from systemic barriers.
Beyond the personal pain, the statistics paint a bleak picture. According to the Prison Policy Initiative, nearly 70% of formerly incarcerated individuals are unemployed or underemployed a year after release. For parents, this means struggling to provide even the basics for their children.
Women are particularly vulnerable, with many returning to find their housing options limited because public housing policies exclude people with records. Fathers, too, often face obstacles in reestablishing their parental rights or even being present in their children’s lives due to parole restrictions and ongoing stigma.
These systemic barriers serve as a constant reminder that, in the eyes of society, those with records are defined by their convictions. It’s as though the world has dog eared a page from their worst chapter, refusing to read further.
To be sure, accountability matters. Parents who commit harm must take responsibility for their actions. But accountability must not equate to a lifetime of condemnation. Punishing parents indefinitely only compounds harm, especially for the children who depend on them for stability and love.
Parents are more than their past mistakes, just as a book is more than its cover. Judging someone solely by their record robs them of the chance to write a better chapter. It also robs their children of the opportunity to see their parents as whole people—flawed but capable of change and love.
The collateral consequences of a criminal conviction aren’t just abstract statistics—they’re the missed field trips, the lost jobs, the countless times parents must tell their children, “I’m sorry, but I can’t.”
If we truly value redemption as a society, we must move beyond judging people solely by their convictions.
Every parent deserves the chance to show their children that they are more than their past. And every child deserves the opportunity to believe in second chances. Clemency relies on laws, policies, pardons, and humanity.
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