Jesús Daniel Romero and William Acosta for Poder & Dinero and FinGurú
In the last minutes of the agonizing administration of President Joe Biden during the transfer of power, the White House announced a significant number of pardons directed mainly at members of his family and Congress. This last act truly symbolizes the state of degradation of the American presidency in an act that not even a third-world country has carried out.
Below is a comparison of the commutations granted by Joe Biden compared to the administrations of his predecessors. This table highlights the number of commutations made by each president, showcasing the difference in approaches regarding clemency and criminal justice reform.
President Number of pardons and commutations.
Joe Biden 4,200
Donald Trump 238
Barack Obama 1,900
George W. Bush 200
Bill Clinton 4,200
George H.W. Bush 457
Ronald Reagan 406
Jimmy Carter 563
Comparative Analysis
Joe Biden has granted a significant number of commutations, focusing mainly on those convicted of non-violent drug offenses. His administration has justified these decisions as part of an effort to address racial inequalities and prison overpopulation.
Donald Trump's administration focused on high-profile cases and specific reforms, but overall, the number of commutations was significantly lower compared to Biden.
Barack Obama also focused on criminal justice reform, particularly regarding drug sentences. His approach was more moderate compared to Biden, although the total number of commutations remains high.
George W. Bush's administration showed a more limited approach to commutations, granting a significantly lower number compared to his successors.
Bill Clinton holds the record for the most commutations on this list, reflecting a more liberal approach to clemency compared to other presidents.
George H.W. Bush was characterized by a moderate number of commutations, although lower than that of his son.
Ronald Reagan maintained a cautious approach in the use of clemency, similar to that of his successor.
Jimmy Carter distinguished himself with a humanitarian approach, granting a considerable number of commutations, often in contexts of social justice.
Key Points about Pardons and Commutations in Biden's Administration
Pardons Context
President Biden pardoned General Mark Milley, who has been a controversial figure in the administration due to his role as Chairman of the Joint Chiefs of Staff. There is speculation that Milley and others pardoned could have faced investigations under the upcoming Trump administration.
Exemplary Cases of Commutations
Lairon Graham: Organized and led a drug trafficking conspiracy involving fentanyl, crack, cocaine, and heroin; his original 22-year sentence was commuted to 12½ years.
Valentino Shine: Faced five counts of sex trafficking and drug sales; his original 30-year sentence was commuted to 18 years and 4 months.
Jaron Ruth: Convicted of drug sales and possession of firearms; his original 10-year sentence was commuted to 7 years.
Questions Regarding the Process
It is questioned whether the victims of these crimes were notified or had the opportunity to comment on the commutations. Criticism directed at Biden's staff for not considering the serious criminal records of those commuted.
Administration's Narrative
The administration presents these commutations as part of an effort to correct racial injustices and disparities in sentencing, arguing that many of the convicted were "non-violent drug offenders." Media coverage often aligns with the White House press releases, presenting the commuted in a favorable light.
Hunter Biden
Hunter Biden, the son of former President Joe Biden, has faced various allegations and legal issues over the years. In particular, he has been investigated for issues related to drug use and financial crimes. In 2023, Hunter Biden pleaded guilty to two minor charges of tax evasion and reached a plea agreement on a charge related to firearm possession, which involved its use while being a drug addict.
The plea agreement allowed him to avoid a more extensive and potentially harsher trial. However, this agreement has been the subject of controversy, especially given that Joe Biden had previously indicated that he would not grant clemency to family members. The decision to grant pardon or clemency to Hunter Biden has generated criticism and debates about the ethics and fairness of the process, with accusations of favoritism and questions about the integrity of the judicial system.
Power of the President
The power of the President of the United States to commute, pardon or grant clemency to a person accused or convicted is established in Article II, Section 2 of the United States Constitution. This article grants the president the authority to grant pardons and commutations, except in cases of impeachment.
Victims' Rights
When a president grants a pardon or clemency, the rights of the victims may be affected. In general, crime victims have the right to be informed about the judicial process and to express their opinion on the pardon or clemency. However, legislation regarding these rights varies by state and may not be uniform at the federal level. Victims may feel deprived of their voice if they are not provided the opportunity to participate in the clemency process. This highlights the importance of a balanced approach that considers not only the rights of the convicted, but also the suffering of victims and their families.
Conclusions
The granting of pardons and commutations of sentences is a delicate topic that can be perceived very differently depending on the political and cultural context of each country. If a Latin American president were to adopt an approach similar to Biden's, they would likely face accusations of corruption and distrust from society and the media. This analysis highlights the need for a clear and transparent framework for decision-making regarding clemency. It must consider not only the circumstances of the convicted, but also address the concerns of victims and society as a whole. The way these pardons and commutations are managed influences public perception of justice and fairness in the penal system, and can have significant repercussions on trust in government institutions.
Credits: The New York Times, The Washington Post, CNN, BBC, Reuters.
Jesús Romero retired after 37 years of service in the U.S. government, covering military, intelligence, and diplomatic roles. He began his career in the Navy in 1984, rising from enlisted member to Naval Intelligence Officer through the Navy's Enlisted Commissioning Program. A graduate of Norfolk State University with a degree in Political Science, Romero also completed the Naval Aviation Pre-Flight Training and served in various capacities, including aboard a nuclear missile cruiser and in attack squadrons. His deployments included Libya, Bosnia, Iraq, and Somalia. Romero's intelligence career included key assignments with the Defense Intelligence Agency (DIA) in Panama, the Joint Intelligence Center Pacific in Hawaii, and leading U.S. efforts to locate missing personnel in Asia. He retired from active duty in 2006, decorated with numerous medals such as the Defense Meritorious Service Medal and the Navy Commendation Medal. After his military career, Romero worked as a defense contractor for BAE Systems and Booz Allen Hamilton. He spent 15 years in civil service as an Intelligence Operations Specialist at the Department of the Army in the Southern Joint Interagency Task Force in Florida. His diplomatic roles abroad included periods in Peru, Ecuador, and Guatemala. Romero has been widely recognized, including the Joint Meritorious Civilian Service Medal from the Joint Chiefs of Staff, the Army Superior Civilian Service Medal, and multiple international awards for his contribution to anti-drug missions. Romero wrote his last book to honor his colleagues and illuminate the disruptive strategies against an international criminal organization, which under his leadership, significantly hindered the cocaine trade to the United States. His efforts contributed to dismantling operations that supported Mexican cartels and reduced the cocaine airbridge by more than 120 tons annually.
He is the author of the Amazon best-seller titled "The Final Flight: The Queen of the Air."
William Acosta is the founder and CEO of Equalizer Private Investigations & Security Services Inc. He has coordinated investigations related to international drug trafficking, money laundering, and homicides in the U.S. and other countries around the world such as Germany, Italy, Portugal, Spain, France, England, and literally all of Latin America.
William has been a New York Police Investigator for 10 years, 2 years at the Treasury Department, and 6 years in the U.S. Army with several international deployments for communications and intelligence issues.
CAREER AND EXPERIENCE
William Acosta, a veteran international investigator, coordinated multijurisdictional investigations on drug trafficking, money laundering, and homicides in the United States and other countries.
Acosta's martial arts training in taekwondo reached the 6th dan, practicing traditionally as a lifestyle and not just for fighting.
The transition from police to private investigation allowed Acosta to make his own rules and choose clients after more than 20 years in the profession.
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