Strategic Actions Suggested for Biden to Secure His Presidential Legacy
Below, Brennan Center leaders suggest actions that President Biden can take in the last weeks of his presidency to secure his legacy and insulate our democratic institutions.
Lauren-Brooke Eisen, Justice Program Senior Director
President Biden’s administration has taken significant steps toward criminal justice reform, in line with his campaign commitment to “strengthen America’s commitment to justice and reform our criminal justice system.” A notable tool at his disposal is the power of clemency, as outlined in the Constitution, which allows the president to pardon or commute sentences for federal offenses. His tenure saw a halt on federal executions, advocacy for reduced sentences for specific drug-related offenses, and the allowance for some medically vulnerable individuals to serve their sentences at home.
These reforms underscore a critical policy stance: the existing criminal justice system is excessively harsh, racially biased, and often metes out disproportionate penalties. With the incoming administration of Donald Trump, there is a potential reversal of many policies; however, clemency decisions cannot be undone. The Brennan Center urges Biden to exercise this power further to correct unjust sentences, highlighting over 40 individuals on federal death row, over 6,000 serving racially skewed drug sentences, and more than 3,000 medically vulnerable individuals serving sentences at home without community threat.
The Brennan Center emphasizes that clemency should be employed more regularly as a vital means of mercy, addressing the severe, racially biased, and inequitable aspects of the criminal legal system. You can add your voice here.
Liza Goitein, Liberty and National Security Program Senior Director
The incoming presidency brings concerns about the normalization of radical measures, such as President Trump’s threats to use emergency powers like the National Emergencies Act, the Insurrection Act, and the Alien Enemies Act in unprecedented ways. To present a counterbalance, the public must access the long-standing rules and principles governing these powers. Consequently, the Biden administration is encouraged to declassify several opinions from the Justice Department’s Office of Legal Counsel to set benchmarks not influenced by partisan interests.
Sean Morales-Doyle, Voting Rights Program Director
With Trump’s antagonism toward the “deep state” and intentions to significantly downsize the government, there is an urgency to preserve existing institutional frameworks. The Biden administration is advised to make current records public and prepare others for preservation to ensure government continuity. This involves finalizing and documenting processes to facilitate transparency through tools like the Freedom of Information Act.
Faiza Patel, Liberty and National Security Program Senior Director
The proposed mass deportations under the new administration vastly increase the potential for racial, religious, and other forms of profiling. President Biden should mandate the Department of Homeland Security (DHS) to issue long-awaited profiling guidance and release key documents to the public. Although DHS began this process in May 2023, it is crucial for the guidelines to explicitly forbid discrimination based on race, ethnicity, religion, and strictly limit national origin-related profiling. Furthermore, transparency about DHS operations, such as domestic intelligence activities and the collection of data from travelers’ devices, is needed to clearly outline the legal and policy framework in which these operations occur.
