News Release

National Association of Criminal Defense Lawyers Praises Biden Clemency Announcement, Calls for Further Action

Washington, DC (December 12, 2024) – In his latest act of clemency, President Biden has pardoned 39 individuals and commuted the sentences of 1,500 people released on CARES Act home confinement. Among these individuals are clients of NACDL’s Return to Freedom Project. The National Association of Criminal Defense Lawyers (NACDL) commends President Biden for what we are hopeful will not be the last exercise of his executive power. We urge him to increase his use of clemency in the coming weeks, including by commuting federal death row sentences and pardoning those incarcerated for marijuana-related offenses. Last month, NACDL joined with a coalition of defense community leaders to call on President Biden to take a stand against the death penalty by commuting federal death sentences to life without parole. Such a move would be his last opportunity to spare their lives and demonstrate his commitment to fighting the injustice of the death penalty.

“NACDL and our partners have worked to secure compassionate release for vulnerable incarcerated individuals as mandated by the CARES Act, and we are encouraged to see some of our project’s clients receive commutations,” said NACDL President Christopher Wellborn. “Today’s announcement represents an important step for humane use of the President’s clemency power. We are grateful that these individuals will be able to fully return to their communities, including those represented by NACDL staff and volunteer attorneys through our Return to Freedom initiatives, but recognize that many more deserving individuals languish in prison awaiting relief. President Biden has stated he will take further action in the weeks ahead and we hope he will live up to his promise to use clemency to redress the scourge of mass incarceration.”

"Today is about true freedom for so many; the ability to rid an individual from the shackles of ongoing incarceration. For that we are thankful to the President,” said NACDL Executive Director Lisa Wayne. "President Biden recognizes that individuals on CARES Act home confinement deserve real freedom. The purpose of CARES Act home confinement is to provide re-entry back into the community for those that were incarcerated and to give meaning to second chances. With these commutations, he reaffirms the positive impact compassionate release has on our society. We will continue to advocate for those on federal death row, those convicted on marijuana charges, those serving unduly long sentences because they exercised their right to trial, and so many others who should be returned to their families. We call on President Biden to recognize that the vast scope of overcriminalization and over-incarceration in our country calls for sweeping action.”

NACDL’s Return to Freedom Project helps those serving overly harsh sentences seek relief by partnering with organizations to recruit, train, and support pro bono volunteers to secure clemency and compassionate release. Projects include the Cannabis Justice Initiative, a collaboration with Last Prisoner Project to secure relief for individuals convicted of marijuana-related offenses, and the Federal Compassionate Release Clearinghouse, a partnership between NACDL and FAMM to recruit attorneys to work on compassionate release motions for vulnerable incarcerated individuals and individuals whose excessive sentences would be lower today due to intervening changes in the law.

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Contacts

Jessie Diamond, Deputy Director, Public Affairs and Communications, (202) 465-7647 or jdiamond@nacdl.org

The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.