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FOR IMMEDIATE RELEASE
January 21, 2025
United States: Clemency Actions Cast Shadow over Democracy on Inauguration Day
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Trump’s pardons and sentence commutations for January 6 attackers aim to excuse a violent assault on a key element of democracy; Biden’s preemptive pardons circumvent, and thereby undermine, the justice system.
WASHINGTON—In response to yesterday’s clemency actions from incoming President Donald Trump and outgoing President Joe Biden, Freedom House interim Copresident Annie Boyajian released the following statement:
“While yesterday marked an important and peaceful transfer of power in the United States, problematic clemency actions taken by President Trump and President Biden served to undermine confidence in the institutions of democracy.
“President Trump’s use of his constitutional powers to pardon or commute the sentences of more than 1,500 people convicted of crimes related to the forcible obstruction of Congress’s certification of the 2020 presidential election results on January 6, 2021, strikes at the heart of America’s democratic system. The move aims to excuse an inexcusable assault on the peaceful transfer of power—a hallmark of democracy—and to vindicate a broader, unprecedented attempt to overturn the outcome of a free and fair election.
“The actions grant clemency for shocking criminal and antidemocratic actions, including violent assaults on police officers and the organizing of a seditious conspiracy to overthrow an election. President Trump’s actions could increase the risk of future political violence and attacks on democratic institutions, as they send the message that supporters of the president who carry out such assaults on his behalf will be shielded from punishment. They are an affront to victims of the crimes in question, and to the millions of Americans who make use of democracy’s many mechanisms for peaceful debate, protest, representation, and justice under the law.
“President Biden’s issuance of preemptive pardons to shelter current and former government officials, family members, and others from potential prosecution unnecessarily circumvents, and thereby undermines, the independent justice system. While the incoming administration’s threats to target perceived political enemies with investigations and criminal charges are cause for alarm, America’s independent courts are well equipped to protect those who are wrongly accused. Biden’s unusual, if not unprecedented, use of pardons in this preemptive manner sends a harmful signal of distrust in the justice system. It could also embolden future presidents to preemptively shield political allies or themselves from accountability for crimes.
At a time when faith in America’s democratic institutions is already under threat, it is vital to reinforce, not weaken, the impartial rule of law and the role of independent courts in upholding it.”
Freedom House is a nonprofit, nonpartisan organization that works to create a world where all are free.
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