Actions Urged for President Biden to Secure His 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.
Justice Reforms and Clemency Power
Lauren-Brooke Eisen, Justice Program senior director
President Biden’s promise to “strengthen America’s commitment to justice and reform our criminal justice system” could be cemented through the use of clemency power. This constitutional authority enables presidents to pardon or commute federal sentences. Biden’s term saw a halt on federal executions, support for reduced sentences for certain drug offenses, and allowances for some medically vulnerable individuals to serve sentences at home.
These actions emphasize the view that the criminal justice system is excessively harsh, racially biased, and often delivers disproportionate justice. As of January 20, Donald Trump, who has pledged to reverse some of these policies, will assume office. However, acts of clemency cannot be undone. Therefore, Biden is encouraged to utilize his clemency power to protect those with unjust sentences. This includes over 40 people on federal death row, more than 6,000 with racially disparate drug sentences, and over 3,000 medically vulnerable individuals serving sentences at home.
The Brennan Center advocates for the frequent use of this clemency power as a critical tool of mercy to mitigate the harsh, racist, and inequitable impacts of the criminal legal system. You can add your voice here.
Transparency and Accountability in National Security
Liza Goitein, Liberty and National Security Program senior director
The potential normalization of unprecedented emergency powers under the Trump administration poses significant risks. These powers include the National Emergencies Act, the Insurrection Act, and the Alien Enemies Act. The public must understand the traditional rules guiding these powers. The Biden administration’s release of unpublished Justice Department Office of Legal Counsel opinions on these topics is essential to establish a non-partisan benchmark for evaluating Trump’s actions.
Preserving Government Functionality
Sean Morales-Doyle, Voting Rights Program director
Amid Trump’s proposed extensive government cuts and his disdain for the “deep state,” the Biden administration must safeguard the continuity of government functions. This includes making public records available and preparing them for future access. To ensure transparency through the Freedom of Information Act, the administration should finalize documents and create comprehensive data summaries.
Combating Profiling and Ensuring Fairness
Faiza Patel, Liberty and National Security Program senior director
The new administration’s deportation plans heighten profiling risks. President Biden should prompt the Department of Homeland Security to issue its overdue profiling guidance, prohibiting discrimination based on race, ethnicity, and religion, and restricting reliance on national origin. Furthermore, DHS should disclose key policy documents to help the public understand the legal framework governing its operations, including policies on domestic intelligence and data collection from travelers’ electronic devices.
