Death row inmates granted clemency by former President Joe Biden sued the Trump administration on Wednesday for ordering their incarceration under the most “oppressive conditions” available.
President Donald Trump issued an executive order on his first day in office that directed Attorney General Pam Bondi to ensure 37 death row inmates were “imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose,” which the lawsuit alleges is unconstitutional.
“By categorically condemning Plaintiffs to indefinite incarceration in harsh conditions in response to their receipt of clemency from the previous President, it exceeds the statutory authority granted to the Attorney General and her deputy, and is arbitrary, capricious, and an abuse of discretion; it was made without proper notice and comment; and otherwise is not in accordance with law,” the lawsuit alleges. (RELATED: Biden Lets Cop Killer, Dangerous Criminals Walk Free In Last-Minute Clemency Action)
Individuals named in the lawsuit include men like Brandon Basham and Chadrick Fulks, who were convicted for murders committed during a 17-day crime spree when they escaped from jail in 2002.
CHICAGO, ILLINOIS – APRIL 15: Former U.S. President Joe Biden speaks at a conference hosted by the Advocates, Counselors, and Representatives for the Disabled (ACRD) on April 15, 2025 in Chicago, Illinois. (Photo by Scott Olson/Getty Images)
Department of Justice (DOJ) officials ordered the Bureau of Prisons (BOP) to place these inmates in the only federal supermax prison in Florence, Colorado designed to “force people to live in near-total isolation,” according to the lawsuit.
Transfers of inmates from the United States Penitentiary, Terre Haute prison to the USP Florence Administrative Maximum Facility (ADX) are expected to begin as early as the week of April 21.
During his final days in office, Biden granted clemency to thousands of criminals. Along with commuting sentences for death row inmates, he commuted sentences for cop killers, drug traffickers and convicts in high-profile public corruption cases.
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