President Joe Biden’s decision to commute the sentences of nearly all federal death row inmates stands as one of his most consequential acts of clemency. Yet, even as he commuted the sentences of 37 men, sparing them from federal execution, three individuals convicted of some of the most notorious and heinous crimes in recent US history were excluded from this reprieve. Their crimes, marked by hatred, terror, and mass murder, continue to resonate with national and international audiences.

1. Robert D. Bowers: The Tree of Life Synagogue Shooting

Robert D. Bowers, now 52, carried out the deadliest attack on the Jewish community in US history. On October 27, 2018, Bowers stormed the Tree of Life Synagogue in Pittsburgh, Pennsylvania, during Shabbat services. Armed with an AR-15-style rifle and multiple handguns, he murdered 11 worshippers and injured several others, including police officers responding to the attack.
Bowers’ actions were fueled by antisemitic hatred, as evidenced by his social media activity and statements made during the attack. He accused Jews of supporting immigration policies he opposed and declared his intention to kill as many Jews as possible. His crime sent shockwaves through the country, sparking renewed debates about hate crimes, gun control, and the rise of extremism in the US.

2. Dylann Roof: The Charleston Church Massacre

Dylann Roof, now 30, is a white supremacist who carried out the 2015 mass shooting at the Emanuel African Methodist Episcopal Church in Charleston, South Carolina. Posing as a Bible study participant, Roof joined the parishioners for nearly an hour before opening fire, killing nine Black worshippers, including the church’s pastor, Rev. Clementa Pinckney.
Roof’s motive was rooted in racial hatred. He later admitted that he chose the church specifically because of its historical significance to the Black community. Roof hoped his actions would incite a race war, a goal he detailed in a racist manifesto he published online. His lack of remorse and overtly hateful ideology made him the first person in US history sentenced to death for a federal hate crime.

3. Dzhokhar Tsarnaev: The Boston Marathon Bombing

Dzhokhar Tsarnaev, now 31, carried out the 2013 Boston Marathon bombing alongside his older brother, Tamerlan Tsarnaev. The attack, executed with homemade pressure cooker bombs, killed three people, including an eight-year-old boy, and injured more than 260 others, many of whom suffered life-altering injuries such as amputations.
The bombing was an act of terrorism aimed at punishing the US for its military actions. In the ensuing manhunt, the Tsarnaev brothers killed an MIT police officer and engaged in a violent confrontation with law enforcement, during which Tamerlan was killed. Dzhokhar was apprehended shortly thereafter. During his trial, evidence showed his continued support for extremist ideologies, which contributed to his death sentence.

Biden’s Decision: A Line Drawn at Hate and Terrorism

President Biden’s commutations were grounded in his long-standing opposition to the death penalty, reinforced by a moratorium on federal executions issued during his administration. However, Biden drew a firm line when it came to mass killings driven by hate or terror. In his statement, Biden underscored his belief that while the death penalty should generally be abolished, exceptions must be made for “cases of terrorism and hate-motivated mass murder.”
These three men represent the kinds of crimes Biden deemed beyond the scope of clemency, crimes that not only claimed innocent lives but also targeted entire communities with terror and hatred. For the families of their victims, as well as many others, their continued presence on federal death row signals the profound weight of justice in the face of unforgivable acts.
Biden’s nuanced approach has been praised and criticized, reflecting the deep divisions in public opinion on the death penalty, particularly in cases as infamous and devastating as these.