Two Federal Death Row Inmates Challenge Biden's Clemency

Shannon Agofsky and Len Davis argue that commutations to life sentences harm their legal appeals and refuse to accept the president's clemency.

President Joe Biden commuted the sentences of 37 federal death row inmates to life without parole in December 2024, citing opposition to the death penalty.
Shannon Agofsky and Len Davis, both incarcerated in Terre Haute, Indiana, filed emergency motions to block the commutations, arguing the changes disadvantage their ongoing legal appeals.
Agofsky, convicted of two murders, claims the commutation removes heightened judicial scrutiny critical to his appeals and disputes his original convictions.
Davis, a former New Orleans police officer convicted of orchestrating a 1994 murder, maintains his innocence and argues the death penalty draws attention to alleged misconduct in his case.
Legal experts note that a 1927 Supreme Court ruling allows presidents to commute sentences without the consent of the convicted, likely making their challenges unsuccessful.