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The Intercept Briefing

Power of the Pardon

Season 1, Ep. 8

Among a president’s most profound responsibilities is the power to grant clemency. Now, as President Joe Biden's first term winds down, he faces mounting calls to use that authority to commute the sentences of the 40 men on federal death row.

Donald Trump's final months in office marked a stark shift in federal execution policy. After a 17-year hiatus, his administration executed 13 people — the most under any president in over a century. While Biden halted this practice, advocates warn that a second Trump term could restart executions. It's why they're urging Biden to take decisive action now to reduce death penalty sentences to life without parole.

On this week's episode of The Intercept Briefing, reporter Liliana Segura examines the gap between candidate Biden's promises and his actions as president. “By far the most significant thing that Biden could do and should do in my opinion is to make good on his stated opposition to the death penalty, which is something he ran on in 2020. Joe Biden said that he wanted to try to bring legislation to end the federal death penalty and, in fact, incentivize states to do the same. He had language in his campaign platform talking about how life without parole sentences were appropriate alternatives,” she says. 

According to Segura, the federal death penalty reaches far beyond the most notorious cases and its deterrent effect is questionable — challenging many Americans' assumptions. “This idea that the death penalty is a deterrent is like the myth that will not die. You know, I was in Indiana recently covering this midnight execution, and I'm looking at some of the rhetoric that is out there from the state attorney general, and he is banging that drum about, 'Oh, you know, this is a deterrent to crime.’ There's absolutely no evidence that that is true and there really never has been.”

To learn more about what Biden could do, listen to this week’s episode of The Intercept Briefing.

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    The unexpected toppling this weekend of the Assad regime by rebel forces brought a swift end to Syria's 13-year uprising-cum-civil war and over half a century of authoritarian rule. Syrians around the world have celebrated the development, with thousands walking free from the regime's hellish prisons. But in the aftermath, the situation remains volatile. Israel has struck targets inside Syria and moved troops deeper into the occupied Golan Heights, while international powers jockey for influence. Mohammed al-Bashir, who led the rebels’ de facto government in northwest Syria, has been named interim prime minister.Syrian journalist Rami Jarrah was among those celebrating Bashar al-Assad’s fall, but he’s worried about what happens in his country now. He reported from Syria during the early uprisings in 2011 and throughout the civil war, including Aleppo in 2016 during the intense bombardment. On this week’s episode of The Intercept Briefing, he says his own experience being detained and tortured by the Syrian government informs his concerns. “For a long time I had a serious grudge. I wanted revenge. Revenge that looked very ugly. And it’s why I understand how a situation like Syria, where there is this change of power, and how dangerous that can be because the things I was thinking about after what happened to me and what happened to loved ones of mine. I could not have been trusted to have authority in my hands if we’d gotten a hold of the perpetrators or even people that maybe just corresponded to the perpetrators. I don’t think I would have made sensible decisions. I think the last 4 or 5 years, I’ve been able to reflect,” he recounts.He says Assad and his family fleeing to Russia gives Syria a chance to move forward in a productive way. Had Assad stayed and fought, “we could have fallen into a civil war very quickly. … I think him fleeing sends a crippling message to those that supported him,” Jarrah says. “It made it much more likely that there could be a reconciliation process between those that supported Assad and those that were victims of Assad’s system.”To hear more of the conversation, listen to this week’s episode of The Intercept Briefing. 
  • 6. Silencing Dissent: Attacks on Free Speech and Nonprofits Are Already Ramping Up

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