In a letter to Department of Justice employees, Bondi criticized Biden’s actions, stating that they “undermine our justice system and subvert the rule of law.” She argued that the commutations stripped victims’ families of the justice they had fought for and directed the DOJ to take steps to correct the decision.
Bondi’s letter outlined three key actions. First, she ordered the DOJ to explore public forums where victims’ families could express their personal reactions to the commutations, saying it was a necessary step toward rebuilding trust and accountability. Second, she instructed U.S. attorneys’ offices to pursue legal avenues that could allow states to seek the death penalty under state law rather than federal law. This would be done only where legally feasible and after consulting with the victims’ families. Third, she directed the Federal Bureau of Prisons to ensure that the 37 commuted inmates face conditions of confinement reflecting the severity of their crimes and security risks.
Biden’s commutations, announced in late December, converted the sentences of these inmates to life in prison without parole. At the time, the White House justified the move by arguing that these executions would not have taken place under current policies and practices. The administration emphasized Biden’s commitment to criminal justice reform, particularly for historically marginalized communities.
However, Biden’s clemency did not extend to all federal death row inmates. Three high-profile mass murderers—Dylann Roof, who killed nine people at a Charleston church; Dzhokhar Tsarnaev, the Boston Marathon bomber; and Robert Bowers, the gunman responsible for the 2018 Pittsburgh synagogue massacre—remained on death row.
Bondi’s efforts to reverse the commutations come amid broader legal battles she is leading against state policies that conflict with federal law. Recently, the DOJ filed a lawsuit against New York Governor Kathy Hochul, Attorney General Letitia James, and other state officials, accusing them of unlawfully shielding illegal immigrants.
Speaking at a press conference, Bondi declared that New York had prioritized undocumented immigrants over American citizens, vowing that such policies “stop today.” She specifically cited New York’s Green Light laws, which allow undocumented immigrants to obtain driver’s licenses while restricting access to state DMV records for certain federal agencies.
Bondi warned that other states with similar sanctuary policies would face legal action, referencing a recent DOJ lawsuit targeting Illinois. “If you are a state not complying with federal law, you’re next. Get ready,” she said.
Last week, the Justice Department asked a federal judge to strike down sanctuary laws in both Chicago and Illinois. These lawsuits, along with Bondi’s push to reinstate the federal death penalty for the commuted inmates, signal an aggressive approach by the new administration in enforcing federal law.
