Biden's a politician. He was "tough on crime" in the 80's and 90's, like a lot of Democrats, because that was the politically convenient position to have. It's not a good thing and candidates should be held accountable for their record. But Jim Crow Joe isn't walking through that door. If he wins, he's going to continue his record of doing whatever is most likely to keep him in the Oval Office. Fortunately, "tough on crime" isn't a politically advantageous position for Democratic politicians.
Meanwhile Dred Scott Trump is the current President.