News Release

Nation’s Criminal Defense Bar Condemns Selective Prosecutions, Calls on Biden to Increase Use of Clemency Power

Washington, DC (December 2, 2024) – While President Biden’s decision to pardon his son, Hunter Biden, on federal tax and gun charges has sparked debate, the National Association of Criminal Defense Lawyers (NACDL) remains steadfast in its commitment to combating overzealous, politicized, or selective prosecutions in all forms.

Again, NACDL renews its call for President Biden to continue utilizing his clemency power to address broad inequities within the criminal legal system. NACDL has long advocated for its robust use to correct wrongful convictions, reduce excessive sentences, and provide relief to those disproportionately impacted by the criminal justice system.

"Selective prosecutions not only violate the Fourteenth Amendment’s Equal Protection Clause but also erode public trust in the criminal legal system and perpetuate a cycle of injustice," said NACDL Executive Director Lisa Wayne. "President Biden, who has called attention to the problem of selective prosecutions, has an opportunity to demonstrate leadership by using his clemency power to address long-standing racial disparities, overly harsh sentences, and systemic flaws in our criminal legal system. NACDL urges the incoming Trump administration to commit to ensuring that the Department of Justice applies the law fairly and impartially to all individuals, without selectivity in prosecutions and with equitable opportunities for second chances."

"With the resumption of federal executions looming, an estimated 40 individuals on federal death row desperately need clemency," said NACDL President Christopher A. Wellborn of Rock Hill, SC. "An estimated 3,000 people are still incarcerated for cannabis-related charges. As marijuana legalization continues to expand, they languish in prison awaiting relief. These individuals deserve second chances and President Biden has the power to grant them. We urge him to consider the many individuals throughout the federal criminal legal system in need of relief."

Contacts

Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@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.

Explore keywords to find information

RECENTLY ADDED & UPCOMING

  1. The Champion
    March/April 2025 Cover

    March/April 2025

    What are the evidentiary implications of field sobriety tests in marijuana cases? Does the odor of marijuana give officers probable cause to search a vehicle?

  2. Amicus Brief
    March/April 2025 Cover

    Wilmer Cutler Pickering Hale and Dorr LLP v. Executive Office of the President

    Brief of the National Association of Criminal Defense Lawyers and New York Council of Defense Lawyers as Amici Curiae in Support of Plaintiff’s Motion for Summary Judgment.

  3. News Release

    Nation’s Defense Bar Reiterates Opposition to Actions Against Law Firms – Washington, DC (March 18, 2025)

    The National Association of Criminal Defense Lawyers (NACDL) remains deeply concerned over recent executive orders targeting law firms, most recently Paul Weiss and Perkins Coie, and repeats its call to uphold the right to counsel and the independence of the legal profession. Despite a ruling blocking the action against Perkins Coie, the administration has continued to target law firms representing disfavored clients and positions, threatening the right to a zealous defense.

  4. Live Event
    2025 Forensic Science & Technology Seminar Cover

    2025 Forensic Science & Technology Seminar

    "Making Sense of Science: Forensic Science, Technology & the Law"

    LOCATION: Sahara Las Vegas Hotel & Casino, Las Vegas, NV
    DATES: April 24-26, 2025

  5. Trials, Technology, and the Fourth Amendment: Case Law Review [Engage & Exchange]

    EXCLUSIVE NACDL MEMBER BENEFIT
    WHEN:
    Tuesday, April 29, 2:00-3:30pm ET / 11:00am-12:30pm PT
    CLE CREDIT: not available
    COST: Free

Featured Products