President Joe Biden’s pardon was given to nearly forty federal inmates on death row. However, two men whose verdict is to face death have surprisingly declined the offer. They intend to have their cases tried in court again.

According to the case law, a Supreme Court ruling in 1923 states that a convict’s consent is not required when granted a pardon. But these two, Shannon Agofsky and Len Davis, have refused to consent to President Biden’s pardon.

The US Penitentiary inmates in Terre Haute would have faced life without parole rather than death sentences. But they chose to respond with an emergency motion in the federal court. Per NBC News, these men see the POTUS’ generosity as a hindrance to getting their desired justice.

Despite being found guilty of murders and robbery, they still hope to fight it out in court. Since their time in jail—early 2000s, the duo have claimed their innocence. So while serving their jail terms, they’ve filed appeals and hope to prove their innocence. By accepting the President’s pardon, their litigation would be affected.

Davis believes that going to court with a death sentence will make the case investigation worthy. As for Agofsky, the pardon by President Biden would leave him without protection due to his active litigation in court. Agofsky was sentenced in 2004 for robbery kidnapping, and murdering a bank president.

However, to this day, he claims he’s innocent. His wife, Laura also accepts this verdict and she says her husband doesn’t want to die as a “cold blooded killer.” On the other hand, Davis, a former police officer, was imprisoned for hiring a killer to end a woman named Kim Groves. Like Agofsky, he says he didn’t do it.

#Clique, what are your thoughts?