Two death row inmates, Shannon Wayne Agofsky and Len Davis, are challenging President Joe Biden's recent clemency actions, which commuted their sentences from death to life without the possibility of parole. Both inmates have filed urgent petitions to prevent the enforcement of these commutations, claiming that they never requested such changes and that accepting them could negatively impact their ongoing legal appeals.

Agofsky, who received his death sentence in 2004 for the killing of a fellow inmate in Texas, asserts in his petition that he has been putting in significant effort to establish his innocence regarding prior convictions. He stated, “To commute his sentence now, while the defendant has active litigation in court, is to strip him of the protection of heightened scrutiny,” highlighting concerns over fairness in legal proceedings. In his view, the commutation would impose an undue burden that could hinder his ability to pursue justice through the courts (Newsweek).

Davis, sentenced to death in 2006 as a former police officer for orchestrating a murder to silence a whistleblower, echoes Agofsky's sentiment. He accused the Justice Department of misconduct in his case, saying, “I did not request any commutation nor do I accept any commutation.” Both men expressed their refusal to sign the paperwork related to the clemency offer, with Agofsky's wife voicing concerns over losing legal representation should their status change (USA Today).

The urgency of their filings was accentuated by the potential reinstatement of federal executions, as President-elect Donald Trump has indicated plans to resume them following a suspension in Biden's administration. Biden's decision to commute the sentences of nearly all inmates on federal death row was described by the White House as the largest clemency action in modern history. Previously, the past administration oversaw a series of federal executions that raised significant ethical debates over the death penalty (Newsweek).

Legal experts suggest that Agofsky and Davis's objections are unlikely to halt the commutation process, citing a 1927 Supreme Court decision which allows a president to commute a death sentence without the inmate's consent. Nevertheless, both men have requested the appointment of co-counsel to assist them in their legal battles against these actions (USA Today).

For more details, you can read the full articles from USA Today and Newsweek.