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Reason
Reason
Politics
Jacob Sullum

How Joe Biden and Donald Trump's Perverse Pardons Undermined the Rule of Law

During his 2020 presidential campaign, Joe Biden said he would "broadly use his clemency power" to address "unduly long sentences for certain non-violent and drug crimes." He ultimately delivered on that promise in a big way, commuting 4,165 sentences by the end of his term. That total far exceeded the previous record set by Barack Obama, who granted 1,715 commutations.

During his 2024 presidential run, Donald Trump said he would free Silk Road founder Ross Ulbricht, who had received a life sentence for creating a website that connected drug buyers with drug sellers. "He's already served 11 years," Trump said. "We're going to get him home." Like Biden, Trump kept his promise, granting Ulbricht a "full and unconditional pardon" on his second day back in the White House.

Anyone who questions long prison sentences for nonviolent drug offenders should recognize these actions as appropriate uses of presidential clemency, aimed at mitigating injustices caused by draconian criminal laws. But Biden and Trump also showed that presidents can abuse clemency in service of their personal interests.

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