Two Murderers Granted Clemency By Biden Sue to Stay On Death Row

Maybe the idiots in the WH running stuff for the Turnip should have actually asked?


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Two federal death row inmates refuse Biden's commutation in continued fight to prove their innocence

Shannon Agofsky, 53, and Len Davis, 60, who are both in the U.S. Penitentiary in Terre Haute, Indiana, are refusing to sign the paperwork to accept the president's clemency action due to the legal avenues they are afforded on death row, according to court documents.

The pair filed emergency motions in federal court on Dec. 30 requesting an injunction to block the change to their death sentences, saying that accepting their commutations would remove the heightened scrutiny that death penalty appeals receive.

"To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny," Agofsky's filing reads. "This constitutes an undue burden, and leaves the defendant in a position of fundamental unfairness, which would decimate his pending appellate procedures."

Davis, a former New Orleans police officer, "has always maintained that having a death sentence would draw attention to the overwhelming misconduct" against the Justice Department, he wrote in his filing.

But, as Davis noted, case law on this issue is "quite murky" and there is no guarantee the two inmates can have their death sentences restored.

Notably, the Supreme Court ruled in 1927 that a president may grant reprieves and pardons without the convict's consent. Both inmates wrote in their filings that they never requested commutation

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