Preserving Policy: Actions President Biden Can Take Before Leaving Office
Suggestions from Brennan Center leaders on essential steps for President Biden to solidify his legacy and safeguard democratic institutions.
Justice System Reforms
President Biden has pledged to reform the U.S. criminal justice system, focusing on the use of clemency as a key tool. This constitutional power allows the president to pardon or commute federal sentences. Throughout his term, Biden implemented a federal execution moratorium, supported lower sentences for certain drug offenses, and permitted some vulnerable individuals to serve sentences at home.
These initiatives highlight the need to address the harsh and racially biased nature of the justice system. With potential policy reversals looming under the incoming administration on January 20, Biden’s acts of clemency could remain unchanged. The Brennan Center urges Biden to exercise this power to assist those facing unjust sentences, including over 40 individuals on federal death row, more than 6,000 with racially disparate drug sentences, and over 3,000 medically vulnerable individuals serving sentences at home.
Clemency is viewed by the Brennan Center as a critical mercy tool, counteracting the criminal legal system’s inequities. You can add your voice here.
Transparency in Emergency Powers
Liza Goitein, senior director at the Liberty and National Security Program, emphasizes the need for transparency regarding emergency powers. The incoming administration poses the risk of normalizing extreme measures, such as deploying the National Emergencies Act and other powers. To counteract this, Biden should release opinions from the Justice Department’s Office of Legal Counsel, providing a benchmark for evaluating policy actions.
Preserving Government Functions
Sean Morales-Doyle, director of the Voting Rights Program, highlights the importance of maintaining government structures amidst proposed cuts. Transparency is crucial, and the current administration should ensure accessibility to public records, including draft documents and data summaries, to facilitate the Freedom of Information Act’s effectiveness.
Addressing Profiling Risks
Faiza Patel calls attention to the increased risks of profiling under the new administration’s deportation plans. President Biden should ensure the Department of Homeland Security releases its profiling guidance and key documents to the public. This guidance, in development since May 2023, aims to prohibit reliance on race, ethnicity, and religion, with strict limits on national origin considerations.
To enhance understanding of DHS operations, Biden should direct agencies to disclose pivotal policy documents related to domestic intelligence and data collection activities, providing clarity on their impacts.
