Fact check: Did Joe Biden commute sentences for any convicted of murder?

1. What supporters and records say happened — a decisive clemency sweep

The clearest factual claim across sources is that Biden commuted 37 federal death-row sentences to life without parole, reflecting his longstanding opposition to the federal death penalty and his 2021 moratorium on federal executions. Multiple reports concur that most of the commutations targeted inmates on federal death row convicted of murder, with the administration framing the move as a policy action to stop federal executions ^{[1] [4] [3]}. The official lists of commutations name individuals and show those whose death sentences were converted to life, indicating the exercise of presidential clemency rather than judicial reversal.

2. Notable individual commutation — Leonard Peltier’s different outcome

A distinct and widely reported clemency is Leonard Peltier’s commuted status, where Biden reduced Peltier’s life sentence to home confinement citing age, illness, and time served; Peltier was convicted in 1977 of killing two FBI agents in 1975. This commutation is separate from the mass death-row action and drew attention because it involved an Indigenous activist whose case has long been contested by advocates and some legal observers ^[2]. The record shows Peltier’s sentence was modified in a manner other than conversion from a death sentence to life without parole.

3. Who was excluded — terrorism and hate-motivated killings left out

Reports indicate the administration excluded a small number of inmates involved in terrorism or racially motivated mass killings from the commutation package, signaling line-drawing based on perceived severity or public safety risk. Several sources state three inmates tied to terrorism or hate-fueled mass murder were not commuted, revealing a selective application of clemency and an attempt to balance abolitionist objectives with political and prosecutorial sensitivities ^{[5] [1]}. This selective exclusion shaped both legal responses and public commentary on the scope of the clemency action.

4. The legal gap — federal commute versus state jurisdiction reactions

A major consequence documented is that commuting a federal death sentence does not bar state prosecutions, and some district attorneys have pursued state murder charges after federal commutations. Instances are cited of at least one Louisiana prosecutor seeking a first-degree murder charge against an individual whose federal death sentence was commuted, underscoring how federal clemency can shift but not eliminate legal jeopardy where state authority exists ^[6]. This dynamic illustrates a legal patchwork where federal policy changes do not directly alter state capital law or prosecutorial discretion.

5. Timing and political context — moratorium and incoming administration concerns

The commutations occurred amid a broader Biden administration goal of ending federal executions, with the December 2024 and subsequent actions framed as preventing potential resumption under an incoming administration. Multiple sources dated December 2024 and later report these commutations as part of that timeline, suggesting the decisions were both policy-driven and timely responses to anticipated shifts in federal execution policy ^{[1] [3]}. The temporal context shaped narratives that the moves were preventive rather than purely retrospective acts of mercy.

6. Divergent narratives — human-rights framing versus public-safety alarm

Coverage and commentary reveal two dominant frames: civil-rights and abolitionist voices call the commutations a corrective step against an imperfect capital system, while critics and some prosecutors warn of public-safety implications and political overreach. Sources document both the administration’s moral and systemic rationale and immediate prosecutorial countermeasures at the state level, indicating that the commutations stirred predictable partisan and institutional pushback ^{[4] [6]}. These opposing frames reflect stakeholders’ agendas—abolitionists seeking permanent change and prosecutors defending prosecutorial prerogatives.

7. What remains unsettled — appeals, prosecutions, and legacy effects

Several concrete uncertainties persist: whether states will successfully re-prosecute commuted defendants, how courts will treat collateral claims tied to these clemencies, and the long-term impact on federal death-penalty policy. Sources show at least one re-prosecution effort was initiated and that the administration’s exclusions complicate simple abolition narratives ^{[6] [1]}. The practical legacy of the commutations depends on prosecutorial choices, judicial rulings, and any future presidential actions that could restore or alter sentences for the affected individuals.

8. Bottom line for the original question — did Biden commute sentences for those convicted of murder?

Yes. President Biden commuted federal death sentences for dozens of inmates convicted of murder, converting many death sentences to life without parole, and he separately commuted Leonard Peltier’s long-standing life sentence to home confinement; however, some cases were explicitly excluded, and state authorities have pursued independent charges in at least one instance. This combination of federal clemency, selective exclusions, and state-level reactions explains why the outcome differs across cases and why the clemencies remain contested ^{[1] [2] [6] [5] [7]}.