Former death row inmates spared by Biden’s commutations now find themselves caught in a political tug-of-war as the Trump administration pushes to transfer them to America’s most restrictive federal prison.
Quick Takes
- 21 prisoners whose death sentences were commuted by President Biden are suing to block transfer to the notorious ADX Florence supermax prison.
- Trump’s administration is accused of conducting “sham hearings” to justify relocating these inmates to harsher conditions.
- The lawsuit claims the transfers are politically motivated retribution rather than based on legitimate security concerns.
- Trump signed an executive order directing officials to ensure confinement conditions reflect the “monstrosity of their crimes.”
- ADX Florence is known for nearly complete isolation and significantly more restrictive conditions than their current facility.
Biden’s Clemency Meets Trump’s Response
Twenty-one former federal death row inmates have filed a lawsuit against President Donald Trump, Attorney General Pam Bondi, and the Federal Bureau of Prisons to prevent their transfer to the United States Penitentiary Administrative Maximum Facility in Florence, Colorado. These prisoners are among 37 whose death sentences were commuted by former President Biden before leaving office, a move aimed partly at preventing the resumption of federal executions under a potential Trump administration. The inmates are currently housed at a federal prison in Terre Haute, Indiana.
Upon returning to office, President Trump quickly responded with an executive order directing officials to “evaluate the places of imprisonment” for these inmates and ensure they are “imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose.”
Me in @NewYorkSun on a stunning new lawsuit brought by death row inmates whose executions were commuted by Biden:
They are suing Trump for 'cruel and unusual punishment' for plotting to send them to America's only supermax prison, where El Chapo lurks. https://t.co/1Eqj2Sn4PJ
— Ari Hoffman (@AriHoffmanWrite) April 17, 2025
The Controversy Over ADX Florence
ADX Florence stands as the most restrictive federal prison in the United States, infamous for keeping inmates in nearly complete isolation. The lawsuit, filed by the ACLU and other rights groups in the U.S. District Court for the District of Columbia, argues that transferring all commuted prisoners to this facility without individual assessment violates constitutional protections. According to court documents, the Bureau of Prisons has allegedly bypassed its standard individualized placement process, instead using what plaintiffs describe as “sham hearings.”
In February, Attorney General Bondi issued a memorandum instructing the Bureau of Prisons to assess where these former death row inmates should be held. Shortly thereafter, prisoners began receiving notices that they were being evaluated for placement at ADX Florence, regardless of their individual security risk profiles or medical needs.
Claims of Political Motivation
The lawsuit explicitly cites Trump’s executive order and subsequent statements as evidence of punitive intent rather than legitimate security concerns. Multiple prisoners report being recommended for transfer to ADX despite not being deemed a security risk and despite having medical or mental health conditions that would typically preclude such placement. Critics argue this blanket approach contradicts standard Bureau of Prisons protocols for facility placement.
“The Bureau of Prisons is currently in the middle of holding these sham hearings where they are telling the incarcerated person that it doesn’t matter that they have serious medical issues or serious mental health issues or that they’re elderly, that every single one of them is going to go to ADX in Florence, Colorado,” explained Kendrick, highlighting the plaintiffs’ concerns.
Conditions and Consequences
The conditions at ADX Florence are significantly more restrictive than those at the federal prison in Terre Haute. Inmates at ADX typically spend 23 hours per day in solitary confinement in small concrete cells, with minimal human contact. Advocates argue that such conditions can cause severe psychological damage, especially for long-term inmates. The Bureau of Prisons has not commented on the pending litigation, maintaining its standard policy regarding active legal matters.
The case highlights the complex intersection of executive clemency powers, prison administration, and political transitions. While Biden’s commutations legally converted these inmates’ sentences from death to life imprisonment, the lawsuit argues that the practical implementation of these commutations is being undermined by politically motivated transfers that effectively impose additional punishment beyond what was intended.
Sources:
Former death row prisoners fight attempt to move them to one of the nation’s harshest prisons.
Terre Haute prisoners sue to stop transfer to federal ‘supermax’ facility
