Podcast Summary: Tangle – "Biden's Mass Clemency"

Host: Isaac Saul
Episode Title: Biden's Mass Clemency
Release Date: December 17, 2024

Introduction

In this episode of Tangle, host Isaac Saul delves into President Joe Biden's unprecedented use of clemency powers, marking the largest single-day act of pardons and commutations in modern American history. The discussion unpacks the implications of Biden's decision, the controversies surrounding specific pardons, and the varied reactions from across the political spectrum.

Overview of Biden’s Mass Clemency Act

On a significant day in his administration, President Biden commuted the sentences of approximately 1,500 individuals, transitioning them from prison to home confinement—a move lauded by the White House as the most extensive act of clemency in recent times. Additionally, he pardoned 39 Americans convicted of nonviolent offenses. This surge in pardons and commutations surpasses the previous record set by President Barack Obama, who commuted 330 sentences in 2017.

Biden emphasized his intent to continue reviewing clemency petitions throughout his term, aiming to utilize the presidential pardon power to offer mercy and promote public welfare. It's important to note that while pardons completely absolve individuals of federal crimes, commutations merely reduce their sentences without nullifying the convictions.

Reactions from the Right

General Criticism: The political right has largely criticized Biden's expansive use of clemency, arguing that it represents an abuse of presidential power. Critics contend that Biden's blanket approach undermines the selective and judicious nature historically associated with pardons and commutations.

Notable Voices:

• Quinn Hillier, Washington Examiner (Timestamp [09:56]):

  "Presidential pardons and commutations can be good policy if judiciously awarded to deserving recipients. However, Biden is handing out blanket pardons for entire classes of crimes... this means wholly undeserving convicts... will have their records unjustly cleansed."

  Hillier specifically condemned the commutation of Pennsylvania Judge Michael Conahan, who was involved in the notorious "cash for Kids" scandal, arguing that such cases should not receive clemency.

• Rick Moran, PJ Media (Timestamp [09:56]):

  "Biden abuses his power of clemency as he has abused all his other powers. The urge to create the illusion that the President is a good and just man is just too much to resist."

  Moran criticized the timing and scale of the pardons, highlighting the controversial pardon of Biden's son, Hunter Biden, as a complicating factor for the administration's clemency actions.

• Brett L. Tolman, Fox News (Timestamp [09:56]):

  "Clemency is good policy... The commutation of the individuals on the CARES act home confinement is warranted... Thousands of deserving Americans in our federal prisons already serving disproportionately long sentences."

  While Tolman acknowledged the potential benefits of clemency, he emphasized the need for consistency and transparency, warning against overshadowing deserving individuals with high-profile pardons.

Reactions from the Left

Mixed Responses: The left exhibits a more nuanced reaction to Biden's clemency efforts. While there is support for addressing overly punitive sentencing, concerns remain about the breadth and execution of the pardons.

Notable Voices:

• New York Daily News Editorial Board (Timestamp [09:56]):

  "Biden's clemency grants are just as President Joe Biden heads to the end of his term... an act of compassion for those serving unnecessarily long federal prison sentences."

  The board praised the administration's approach as compassionate and aligned with reformative justice principles, differentiating these acts from the controversial pardoning of Hunter Biden.

• Lauren Brook Eisen, Brennan Center (Timestamp [09:56]):

  "President Biden's historic clemency announcement... a major step in the right direction and a recognition of the excessively punitive nature of our criminal justice system."

  Eisen highlighted the potential for lasting impact through continued use of clemency to address racial disparities and overly harsh sentencing.

• Heather Long, Washington Post (Timestamp [09:56]):

  "Michael Conahan's commutation only underscores how broken the presidential pardon and clemency process is."

  Long criticized the inclusion of high-profile corrupt figures in the mass clemency, questioning the integrity of the process despite acknowledging its potential benefits.

Isaac Saul's Take

Isaac Saul expresses profound disappointment and shock over Biden's decision to commute the sentences of individuals like Michael Conahan and Rita Crundwell—figures synonymous with corruption and malfeasance.

• On Michael Conahan (Timestamp [18:26]):

  "Conahan was literally destroying children's lives for money... This pardon feels like an injustice for all of us who still suffer."

  Saul underscores the gravity of Conahan's crimes, including the tragic suicide of a convicted juvenile, arguing that such individuals embody the very abuses clemency should address.

• On Rita Crundwell (Timestamp [18:26]):

  "Crundwell committed the largest municipal fraud in U.S. history... This is a complete travesty of justice and a slap in the face for our entire community."

  He emphasizes the betrayal of public trust and the severe impact of Crundwell's actions on the community of Dixon, Illinois, highlighting the incongruity of granting her commutation.

• On Jim Carlson (Timestamp [18:26]):

  "Carlson used his own employees as guinea pigs to test unregulated drugs... It's just hard to understand, and it's impossible to support."

  Saul points to Carlson's public health violations and the broader community harm caused by his actions, questioning the moral and ethical foundations of such pardons.

Isaac concludes by critiquing the administration's broad criteria for clemency, noting the lack of consideration for the specificities of the cases and the resultant erosion of trust in the judicial and executive processes.

Conclusion

President Biden's extensive use of clemency powers has ignited a polarized debate, highlighting the delicate balance between mercy and justice. While some applaud the efforts to rectify disproportionately harsh sentences and promote rehabilitation, others condemn the indiscriminate nature of the pardons, especially those involving high-profile corruption cases. Isaac Saul's poignant reflections encapsulate the tension and controversy surrounding this significant presidential action, urging a reevaluation of how clemency should be wielded to serve true justice and societal welfare.

Notable Quotes with Timestamps:

• Quinn Hillier, Washington Examiner ([09:56]):

  "Biden is handing out blanket pardons for entire classes of crimes... their records unjustly cleansed."

• Rick Moran, PJ Media ([09:56]):

  "Biden abuses his power of clemency as he has abused all his other powers."

• Brett L. Tolman, Fox News ([09:56]):

  "Clemency is good policy... Thousands of deserving Americans in our federal prisons..."

• Isaac Saul ([18:26]):

  "This pardon feels like an injustice for all of us who still suffer... It's impossible to support."

This comprehensive exploration of Biden's mass clemency provides listeners with a multifaceted understanding of the event, enriched by diverse perspectives and a deeply personal examination from the host himself.