Federal Death Row Inmates Spurn Biden’s Clemency Offer

In a stunning turn, two federal inmates spurned President Biden’s clemency offer, choosing instead to retain their death sentences as a strategic legal leverage.

At a Glance

Two death row inmates, Shannon Agofsky and Len Davis, rejected President Biden’s clemency offer.
They argue the commutation would undermine their chances for successful appeals.
Biden’s clemency aligns with his opposition to federal capital punishment policies.
Biden’s commutation clemency excludes inmates such as the Boston Marathon bomber.

Inmates Challenge Clemency

Federal inmates Shannon Agofsky and Len Davis rejected President Joe Biden’s offer to commute their death sentences to life without parole. Agofsky, convicted for a 2001 prison murder and carrying a previous life sentence for a 1989 murder, viewed the president’s clemency initiative as an impediment to his appeals strategy. Meanwhile, Davis, sentenced for masterminding the 1994 murder of Kim Groves, argued that retaining a death sentence is crucial for emphasizing systemic misconduct in his case.

Biden’s move reflects his administration’s broader agenda of commuting death sentences, having already impacted 37 federal prisoners with similar clemency. Yet, Agofsky and Davis fear that these changes diminish the intense legal scrutiny generally involved in death penalty cases, potentially complicating their chances of successful case appeals.

Two death row inmates reject Biden's commutation of their life sentences https://t.co/kCCAtraGPa via @nbcnews

— Molly Beck (@MollyBeck) January 7, 2025

Legal and Strategic Concerns

Agofsky and Davis presented emergency motions to inhibit these sentence changes, arguing that the commutation jeopardizes their pending appeals. Their representatives emphasized to retain the heightened oversight associated with capital punishment appeals, essential for credibility in court proceedings. Legal experts note that the U.S. Supreme Court in 1927 empowered presidents to grant pardons without convict consent, highlighting the debate on clemency boundaries.

“The defendant never requested commutation. The defendant never filed for commutation. The defendant does not want commutation, and refused to sign the papers offered with the commutation.” – Agofsky’s filing

Despite the authoritative allowance for granting pardons unilaterally, Agofsky contested the commutation, arguing the right to maintain strategic appeals processes. His wife Laura, dedicated to advocating for his case, echoed these sentiments, asserting her husband’s innocence.

Biden’s Federal Stance and Political Backdrop

This clash occurs in a politically charged landscape, where Biden’s broader opposition to the death penalty has faced both praise and criticism. While his recent moratorium on federal executions and commutation steps align with his campaign promises, fierce debate remains, especially amid contrasting plans from President-elect Donald Trump to bolster the death penalty.

“I am more convinced than ever that we must stop the use of the death penalty at the federal level. In good conscience, I cannot stand back and let a new administration resume executions that I halted.” – Biden

Biden’s actions, while rooted in longstanding policy positions and advocacy pressures, remain central to nationwide discussions on capital punishment’s future and justice system fairness. The outcome of Agofsky and Davis’s legal bids and their refusal of Biden’s clemency adds a complex layer to these discussions, delineating the inherent tensions between procedural leverage and life-and-death stakes.