Democrats in Congress introduce bill to overhaul clemency, free more prisoners

Democratic lawmakers introduced legislation on the House floor on Friday that would remove the federal clemency process from the Department of Justice and install an independent review board.

Clemency is the ability of the President to pardon the legal consequences for a federal crime. All clemency requests are submitted to the Office of the Pardon Attorney in the Justice Department, but it may be bypassed by the President at any time.

The FIX Clemency Act would abolish the office and create a nine-member board to review all cases. However, it can only make recommendations, leaving the final call to the president. Most of its members would also be appointed by the president.

Massachusetts Rep. Ayanna Pressley, the bill’s chief sponsor, said the overhaul would help resolve the backlog of over 15,000 clemency petitions at the Justice Department.

“That’s 15,000 people, with loved ones waiting for their chance at justice. Justice delayed is justice denied,” said Pressley.

Controversially, the bill states the new review board must include at least one formerly incarcerated person.

"We reserve a spot for folks that we know should be at the table, including someone who was formerly incarcerated," Pressley told NPR about the expertise the panel should represent. “It's just important that we have someone who has experienced the trauma that is mass incarceration bringing their lived experience to the review of these applications."

Pressley’s bill fulfills a promise in the Democratic Party’s 2020 platform, which advocates for an independent clemency board. It was co-sponsored by NY Rep. Hakeem Jeffries and Missouri Rep. Cori Bush, also Democrats.

President Biden’s campaign platform mentioned the use of clemency for “certain non-violent and drug crimes,” but his administration has offered little public detail about his plans since he was elected president.