Former President Joe Biden’s decision to commute the sentence of 31-year-old Khyre Holbert, a Nebraska felon, has sparked intense federal backlash, especially following new charges emerging from an October shooting in Omaha’s Old Market district. Holbert, who was released from federal prison less than a year after serving a portion of his 20-year sentence, is now facing federal charges for possession of a firearm during the incident. The case has drawn sharp criticism from federal officials and law enforcement, who argue that the decision not only endangered the public but also failed to hold criminals accountable under the law.
According to the U.S. Attorney’s Office for the District of Nebraska, Holbert was implicated in the Oct. 4 shooting, which reportedly involved a firearm linked to multiple violent crimes across the state. The weapon, discovered in a discarded state, was loaded with bullets and equipped with a high-capacity magazine. Forensic evidence revealed Holbert’s fingerprints on the gun, solidifying his involvement in the incident. His previous criminal record, which includes multiple gun-related offenses and gang ties, has been a focal point in the ongoing debate over the Biden administration’s clemency policies.
Holbert originally pleaded guilty to three federal crimes in 2018, receiving a 20-year prison sentence. Despite his history, Biden commuted his sentence in January 2025, a move that faced immediate backlash from the U.S. Attorney’s Office. The office cited his long-standing criminal record, gang affiliations, and prior gun violations as reasons for their objection. However, the clemency order was executed, releasing Holbert back into the community just months before the recent shooting incident, which has now led to an investigation into his actions.
The U.S. Attorney General, Pamela Bondi, has strongly criticized the decision, calling it a failure of the justice system to protect communities from individuals like Holbert. She emphasized that the Biden administration’s last-minute commutations were a betrayal of victims’ families and a clear disregard for public safety. Similarly, U.S. Attorney Lesley Woods warned that releasing dangerous criminals before they have been rehabilitated poses a significant risk to the public and law enforcement. The Omaha Police Officers Association also voiced its disapproval, stating that Holbert’s release demonstrated a dangerous precedent for communities and police forces.
The controversy has extended beyond legal concerns, sparking a broader discussion about the effectiveness of clemency programs under the Biden administration. Critics argue that such decisions often prioritize political considerations over public safety, risking the well-being of communities and the integrity of the justice system. The case has reignited debates about the appropriate role of clemency in criminal justice, with many calling for a reevaluation of the process to ensure that dangerous individuals are not prematurely released, placing society at risk.
As the investigation continues, the U.S. Attorney’s Office for the District of Nebraska is working closely with the Douglas County Attorney’s Office to determine how to proceed with Holbert’s state charges, which may include a first-degree assault charge. The case highlights the growing tensions between the administration’s approach to criminal justice and the law enforcement community’s concerns over public safety, raising important questions about the future of clemency policies in the United States.