By Steve Neavling
In his final days in office, President Biden commuted the sentences of nearly 2,500 inmates, aiming to correct what he saw as unjustly long prison terms for drug offenses.
But his broad use of clemency has drawn criticism from within the Justice Department, where officials argue that some recipients had violent criminal histories and wouldn’t have qualified under normal review standards, according to sources familiar with the matter, The Wall Street Journal reports.
“I have now issued more individual pardons and commutations than any president in U.S. history,” Biden said, framing his actions as a step toward fairness and criminal justice reform.
However, only about 10% of those granted clemency had been recommended by the Justice Department. According to a Jan. 18 internal email obtained by The Wall Street Journal, the White House included individuals with violent records who would not have met the department’s usual criteria for clemency.
The email, sent by Justice Department pardon attorney Elizabeth Oyer, addressed concerns from federal prosecutors who questioned why some inmates had received reduced sentences.
“While I am a strong believer in the possibility of second chances through clemency, the process by which yesterday’s action was carried out was not what we had hoped and advocated for,” Oyer wrote. “I understand that some of the clemency grants are very upsetting.”
The message was labeled “confidential and law enforcement sensitive.”
The commutations resulted in the immediate release of some inmates, while others had their sentences reduced but remained behind bars. Among those who benefited was Lairon Graham, a Buffalo man convicted of running a fentanyl, heroin, and cocaine distribution ring. Originally sentenced to 22 years in prison, Graham’s term was cut to 12½ years, despite separate charges that he used violence to force women into sex work, including brutally beating one victim on a near-daily basis.
Court records describe Graham as someone who “preyed on vulnerable, drug-addicted young women to enrich himself and to provide for his sexual gratification,” according to prosecutors.
Paul Dell, who represented Graham, welcomed the commutation but questioned the process.
“As a citizen and a trained lawyer, the recent use of the pardon power—by both parties—is terrifying,” he said. “That said, it all seems very arbitrary to me.”
The White House declined to comment on the controversy, and Justice Department officials have not publicly addressed the concerns raised by prosecutors.
Some of those granted clemency are still waiting to be released in the coming months. But inside the Justice Department, Biden’s decision has fueled frustration among officials who say the process lacked careful vetting and ignored long-standing standards for granting clemency.
