Former President Joe Biden commuted the sentences of 37 convicted murderers on federal death row before leaving office. Now, U.S. Attorney General Pam Bondi is taking action to reverse those decisions, urging state officials to pursue the death penalty where legally possible.
In a letter to Department of Justice (DOJ) employees, Bondi condemned Biden’s decision, calling it an attack on the rule of law and a betrayal of victims’ families.
“The commutations undermined our justice system and subverted the rule of law,” Bondi wrote.
“They also robbed the victims’ families of the justice they were promised — and fought hard to achieve.”
Bondi Directs DOJ to Take Immediate Action
Bondi outlined a three-step plan for the Department of Justice to address the 37 commutations and support the victims’ families:
✅ Provide a Public Forum for Victims’ Families – Bondi wants the DOJ to offer victims’ families a platform to share how these commutations have personally impacted them. She called this an important step toward building trust and holding criminals accountable, Fox News reported.
✅ Encourage States to Pursue Death Penalty – Bondi is urging U.S. attorneys’ offices to use state laws—instead of federal law—to seek the death penalty for the 37 inmates, but only where legally permissible and in consultation with victims’ families.
✅ Reevaluate Prison Conditions for Commuted Inmates – Bondi ordered the Federal Bureau of Prisons (BOP) to ensure that the security levels for these inmates match the severity of their crimes and criminal histories.
Biden’s Controversial Death Row Commutations
In late December, President Joe Biden commuted the sentences of 37 individuals previously on federal death row, reducing their punishment to life in prison without parole.
However, Biden left three notorious mass murderers on death row:
🔹 Dylann Roof – Killed nine worshippers at a Charleston, South Carolina church.
🔹 Dzhokhar Tsarnaev – Orchestrated the Boston Marathon bombing, killing three people and injuring hundreds.
🔹 Robert Bowers – Perpetrated the Tree of Life Synagogue massacre in Pittsburgh, killing 11 Jewish worshippers.
The decision to commute dozens of death row sentences while keeping these three high-profile criminals on death row has sparked national controversy, with critics arguing that justice should be served equally for all victims.
Bondi Takes on Judicial Overreach in Administrative Law Judge Rulings
Last week, Pam Bondi made headlines again when the Justice Department announced that it had determined many removal restrictions for administrative law judges to be unconstitutional.
📜 What This Means:
✔ Judicial authority within federal agencies may be significantly curtailed.
✔ The Trump administration had long challenged the unchecked power of unelected judges in federal agencies.
In a letter to President Pro Tempore Chuck Grassley (R-IA), Acting U.S. Solicitor General Sarah Harris wrote that the DOJ would no longer defend restrictions preventing the removal of administrative law judges (ALJs).
👉 Key Takeaways From the DOJ’s Decision:
✔ The DOJ argues that these restrictions violate Article II of the U.S. Constitution.
✔ The federal statute in question limits the president’s power to remove executive officers, raising constitutional concerns.
✔ The DOJ cited a 2010 Supreme Court ruling that found “multilayer protection from removal” for executive officers unconstitutional.
The Growing Fight Over Federal Agency Power
Administrative law judges hold powerful roles in federal agencies, overseeing cases related to:
✔ Banking & Finance Regulations
✔ Immigration & Border Enforcement
✔ Antitrust & Business Law
✔ Interstate Commerce
Unlike Article III federal judges, who serve in U.S. courts and are explicitly recognized by the Constitution, administrative law judges operate within federal agencies and have often been accused of exercising unchecked power.
In recent years, the Supreme Court has increasingly ruled against federal agencies’ broad regulatory authority. A Reuters report noted that one ruling even found the Securities and Exchange Commission’s (SEC) use of in-house judges unconstitutional.
🚨 Chad Mizelle, Chief of Staff for AG Bondi, Weighs In:
“The administration is taking the necessary steps to challenge unelected and constitutionally unaccountable administrative law judges.”
“In accordance with Supreme Court precedent, the department is restoring constitutional accountability so that executive branch officials answer to the president and to the people.”
What’s Next? The Battle Over the Death Penalty and Judicial Authority Continues
With Pam Bondi pushing forward to reverse Biden’s death row commutations, several critical questions remain:
🔎 Will states pursue the death penalty for the 37 commuted inmates under Bondi’s directive?
🔎 How will the Supreme Court rule on the constitutionality of administrative law judges?
🔎 Will Biden’s DOJ continue to defend past executive actions, or will they be overturned under the Trump administration?
🚨 Stay tuned as these legal and political battles unfold.