https://www.city-journal.org/article/biden-mass-commutation-criminal-justice-retribution
Last week, President Joe Biden commuted the sentences of nearly 1,500 federal inmates. The administration bragged that it was the largest single-day granting of clemency in American history. But a backlash swiftly followed as the public learned whom the president had released: pill-mill doctors, Ponzi schemers, and a judge who got $2.1 million in kickbacks for sending juvenile offenders to for-profit facilities.
Biden’s mass commutation came at the behest of the American Civil Liberties Union and others of what Ezra Klein and Michael Lind referred to in a recent postelection conversation as “the Groups”—the vast but inchoate network of left-wing advocacy organizations that moderate Democrats are blaming for the party’s 2024 defeat. Biden’s lame-duck concession to these advocates raises questions about how much influence such radicals continue to hold in the Democratic Party.
But even more importantly, the popular outrage at Biden’s mass commutation highlights a fundamental problem with the argument advanced by criminal-justice-reform groups like the ACLU. Specifically, they deny the importance of retribution, the notion that the criminal-justice system should impose punishments not just instrumentally—for instance, because it makes the nation safer or discourages crime—but also because criminals deserve it.
Many of those who benefited were, on paper, reasonable recipients of a presidential commutation. They had been released under the provisions of the CARES Act Home Confinement Program, a Covid-mitigation strategy created during the Trump administration that sentenced low-risk, nonviolent federal offenders to serve their time at home rather than in federal prisons.
The program seems to have been a public-safety success. Of the 13,204 releasees, just 22 were rearrested between March 2020 and June 2023, and 96 percent had no violations of their parole, technical or criminal, over the same time period.