Scanlon, Pressley, Clyburn, Colleagues Urge Biden to Use Clemency Power to Address Mass Incarceration Before Leaving Office

Scanlon, Pressley, Clyburn, Colleagues Urge Biden to Use Clemency Power to Address Mass Incarceration Before Leaving Office

Washington, D.C. - Congresswoman Mary Gay Scanlon (PA-05) yesterday joined Congresswoman Ayanna Pressley (MA-07), Congressman James E. Clyburn (SC-06), and 64 of their colleagues in sending a letter to President Biden urging him to use his executive clemency power in the final months of his presidency to reunite families, address longstanding injustices in our legal system, and set our nation on the path toward ending mass incarceration.

The lawmakers hosted a press conference to discuss the letter. Full video of their press conference is available here.

"Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges," the lawmakers wrote in their letter. "The grant of pardons and commutations and the restoration of rights will undoubtedly send a powerful message across the country in support of fundamental fairness and furthering meaningful criminal justice reform."

Mass incarceration remains a persistent, systemic injustice that erodes the soul of America. Our nation has the highest incarceration rate in the world, with nearly two million people locked in jails and prisons throughout the country. The extreme use of incarceration has resulted in one in two adults having had an incarcerated family member. People of color are disproportionately put behind bars, along with individuals from low-income communities, LGBTQIA+ folks, and those with disabilities. The bloated prison system reflects and emboldens biases that undermine the ideals of our nation and diminishes trust in the rule of law. Mass incarceration attacks the most vulnerable Americans, thereby destabilizing families and inflicting intergenerational trauma.

In their letter to President Biden, the lawmakers praised the President's efforts to create a fair and just criminal legal system by pardoning people convicted of simple marijuana possession and LGBTQ+ former servicemembers, and urged the President to use his clemency powers to help broad classes of people and cases, including the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers. The lawmakers also outlined the fiscal toll of the growing mass incarceration crisis.

"You have the support of millions of people across the country who have felt the harms of mass incarceration: young children longing to hug their grandparents, people who have taken responsibility for their mistakes, and those who simply were never given a fair chance," the lawmakers wrote. "These are the people seeking help that only you can provide through the use of your presidential clemency power."

Joining Representatives Scanlon, Pressley, and Clyburn in sending the letter are Representatives Alma S. Adams, Gabe Amo, Becca Balint, Nanette Diaz Barragán, Joyce Beatty, Sanford D. Bishop, Jr., Earl Blumenauer, Jamaal Bowman, Ed.D., Shontel M. Brown, Cori Bush, André Carson, Troy Carter, Erica Lee Carter, Greg Casar, Sheila Cherfilus-McCormick, Judy Chu, Yvette D. Clarke, Emanuel Cleaver, II, Jasmine Crockett, Danny K. Davis, Madeleine Dean, Mark DeSaulnier, Debbie Dingell, Valerie P. Foushee, Maxwell Alejandro Frost, Jesús G. "Chuy" García, Robert Garcia, Al Green, Raúl M. Grijalva, Steven Horsford, Jared Huffman, Glenn Ivey, Jonathan L. Jackson, Pramila Jayapal, Henry C. "Hank" Johnson, Jr., Sydney Kamlager-Dove, Robin L. Kelly, Barbara Lee, Summer L. Lee, Jennifer L. McClellan, James P. McGovern, Gregory W. Meeks, Kweisi Mfume, Gwen S. Moore, Jerrold Nadler, Eleanor Holmes Norton, Alexandria Ocasio-Cortez, Ilhan Omar, Chellie Pingree, Mark Pocan, Delia C. Ramirez, Jan Schakowsky, Robert C. "Bobby" Scott, Terri A. Sewell, Marilyn Strickland, Bennie G. Thompson, Rashida Tlaib, Jill Tokuda, Paul D. Tonko, David J. Trone, Lauren Underwood, Marc A. Veasey, Nydia M. Velázquez, Bonnie Watson Coleman, and Frederica S. Wilson.

The lawmakers' letter is supported by American Civil Liberties Union; Popular Democracy; Last Prisoner Project; Lawyers' Committee for Civil Rights Under Law; Death Penalty Action; The National Council for Incarcerated and Formerly Incarcerated Women and Girls; The Faith Leaders of Color Coalition; Second Chance Justice of MCAN; JustLeadershipUSA; The Episcopal Church; The Bambi Fund; Free Billie Allen Campaign; People's Coalition for Safety and Freedom; Prophetic Resistance Boston; Families Against Mandatory Minimums; The Weldon Project, FWD.us, and the Movement for Black Lives.

"President Biden has had 4 years to correct the harms of damaging "law and order" policies of the 80s and 90s - policies that had devastating impacts on our communities. We are owed care, respect, and dignity for the hardship we have endured, and exercising his pardon power is one consequential step to right this wrong. In the last weeks of Biden's administration, we urge him to take immediate action. This is his chance to reunite thousands of individuals with their families, and leave a meaningful legacy," said Vonne Martin of Popular Democracy.

"On the ground, PCSF has borne witness to countless stories of people who have been impacted by incarceration directly or indirectly across generations. Our goal is to write a new narrative for and with our community, one where those impacted are at the center of the solution and where safety and security are rooted in human dignity. We need to lead with freedom and justice - these pardons are a place to start," said Cameron Bell of People's Coalition on Safety and Freedom (PCSF).

"As a family member of several victims of one of the most notorious killers on federal death row, I urge President Biden to act broadly, as soon as possible. Clemency means mercy. Blessed are the merciful, for they shall receive mercy," said Rev. Sharon Risher, Board Chair, Death Penalty Action.

'President Obama granted clemency to 1,700 people in the months before he left office. Although a historic act of mercy, the number represents 1% of the BOP population. President Biden should double Obama's benchmark. Undoubtedly 2% of incarcerated people deserve to come home: the elderly, ill, victims of the war on drugs, and people who are being punished for fighting back against their abusers. Every woman who survived FCI Dublin, aka the Rape Club, deserves freedom," said Catherine Sevcenko of The National Council for Formerly Incarcerated and Incarcerated Women and Girls.

"President Biden has the power to reunite families, but the clock is running out. We implore the President to right history and shift our approach on cannabis from punitive punishment to compassionate clemency," said Jason Ortiz, Director of Strategic Initiatives at Last Prisoner Project.

"President Biden has a historic opportunity to deliver justice to thousands of individuals who remain incarcerated due to outdated and unjust laws. As someone who has lived through the devastating impact of these policies, I know firsthand how clemency can transform lives and heal communities. I wholeheartedly support Rep. Ayanna Pressley's call for the President to use his clemency powers in these final months to reunite families and correct past wrongs. Time is of the essence, and taking decisive action now will demonstrate our nation's commitment to fairness, redemption, and the belief that people deserve second chances," said Weldon Angelos of The Weldon Project.

"We are thrilled to see Rep. Pressley as well as Rep. Clyburn, Rep. Scanlon, and Rep. Omar join the growing chorus of voices calling for President Biden to prioritize meaningful action on clemency in the final months of his presidency. President Biden has an opportunity to cement his legacy of racial justice and fairness by granting robust clemency for individuals who are deserving a second chance," said FWD.us Executive Director Zoë Towns.

A copy of the letter can be found here. Full video of today's press conference is available here.

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