In President Joe Biden’s administration’s final days, we witnessed egregious and unprecedented abuses of the presidential pardon and commutation powers. These began with the pardon of his son, Hunter Biden, issued in early December — despite Biden’s earlier commitment not to do so — and culminated in a slew of preemptive pardons for family members and political allies disclosed only as Biden’s term expired.
These deliberate, last-minute actions display the unchecked nature of executive branch pardon powers.
Most troubling were Biden’s commutations for convicted killers. Adrian Peeler, convicted of conspiracy to murder in connection to the execution-style killings of Karen Clarke and her 8-year-old son in 1999, was granted clemency by Biden on his way out the door. Leonard Peltier, who murdered two FBI agents and escaped custody in a violent shootout, was granted release despite warnings from law enforcement and victims’ families. Similarly, Ferrone Claiborne and Terence Richardson, who admitted to killing a Virginia police officer, were freed. These decisions, made in the waning hours of Biden’s presidency, disregard justice and undermine trust in the rule of law.
In 2019, former Governor Matt Bevin issued a flurry of controversial commutations after losing his re-election bid, including one for Gregory Wilson, who had been convicted of raping and murdering Deborah Pooley in Northern Kentucky. Wilson was sentenced to death but had his sentence commuted by Bevin to life with the possibility of parole. This commutation allowed Wilson to seek parole, which was thankfully denied. Among other controversial decisions by Bevin in northern Kentucky, he also pardoned Micah Schoettle, who was convicted of raping a 9-year-old child. These are only two examples among numerous affronts to justice.
Bevin’s negligence in late 2019 motivated me to file legislation in 2020, and I’ve remained motivated ever since.
For the fourth time, I have filed a constitutional amendment proposal suspending gubernatorial pardon and commutation powers from 30 days before an election until the next inauguration. Senate Bill 126 does not prevent a governor from issuing pardons and commutations but ensures these powers cannot be wielded without accountability to voters. It is a necessary step to restore transparency and protect the integrity of our justice system.
Pardon and clemency powers are critical tools for cases of injustice but have proven ripe for abuse. These tremendous powers should have a reasonable check to ensure:
1. our justice system cannot be tossed aside on a last-minute whim, and
2. whoever abuses power stands accountable to voters on an election ballot.
My proposal has cleared the Senate several times with the necessary three-fifths vote but has yet to be considered by the state House of Representatives. If granted final passage, it will move to the 2026 general election ballot for your consideration. It would need to receive a majority of the popular vote to amend the Constitution of Kentucky.
Let us learn from President Biden’s and Governor Bevin’s 11th-hour actions. We must implement safeguards, regain public trust, reinforce the principles of justice, and ensure executive power accountability.
Senator Chris McDaniel represents Kentucky’s 23 Senate District encompassing Northern Kenton County
What about Trump’s pardon or commutation of sentence for those who attacked the US Capitol, assaulted and killed police officers in an attempt to stop the peaceful transfer of power? Agreed that Biden should not have pardoned his son, especially after saying that he would not. But to trumpet that over Trump’s abuse of pardons is just plain stupid. Where was you indignation over January 6, 2021’s events??? Where is your indignation over your party’s refusal to impeach Trump twice and allow him to again run for public office??? Where is your indignation over having a President who is a convicted felon on 34 counts and only uncovicted on dozens of other even more serious crimes because he is shielded by the office he holds??? Where is your indignation over a Supreme Court who essentially ruled that a president is immune from prosecution placing him above the law??? I wonder if you would feel the same if it were Obama or Biden or Clinton who had committed the offenses that Trump is so obviously guilty of???
What hypocrisy after what Trump, a fellow Republican has done.
Senator McDaniel, thank you for leading with integrity.
I’m glad you have the courage to “do the right thing” when other leaders choose immoral paths.
This we’ll defend!
McDaniel, you are curiously silent about Trump pardoning ALL of the Jan. 6th insurrectionists, including violent ones he pledged not to pardon. Where is your support for law and order now? A bit hypocritical when the one doing the pardons is in your party.
Party before country!