Amid wave of first-day executive orders, President Trump issues executive order on death penalty

On January 20, 2025, President Donald Trump signed more than two dozen executive orders, including a call to reinstate the federal death penalty. The order, while missing many important details, directs the Justice Department's attorney general to apply the death penalty for all crimes of a seriousness requiring its use, including the killing of an officer law enforcement or a capital crime committed by an illegal alien present in the country. this country and to encourage state attorneys general to pursue capital prosecutions for these crimes. President Trump also calls on the Attorney General to take all necessary and legal steps to ensure that states with capital punishment have sufficient access to the drugs necessary for lethal injection executions. The order also directs the attorney general to seek to overturn any precedent set by the Supreme Court that limits the power of state and federal governments to impose capital punishment.

Many of the statements in the executive order simply echo previous campaign rhetoric, without providing important details or addressing whether well-established legal precedents or laws should be changed by the Supreme Court or the United States Congress to make these proposals a reality.

Regarding recent commutations of federal death row prisoners, the executive order calls on the Attorney General to evaluate the placement of each of the 37 men whose federal death sentences were commuted by former President Joe Biden in December 2024 The Attorney General should take legal action to ensure that each of these individuals is imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose. The Attorney General, per the order, should also evaluate whether these individuals can be charged with capital crimes at the state level and recommend appropriate action to state and local authorities. Elected local prosecutors have the ultimate discretion to pursue a capital case at the state level and may or may not seek the death penalty for a variety of reasons, including voter preference, case factors and budget . Given these factors, it is unlikely that state prosecutors would choose to pursue crimes committed twenty or thirty years ago, especially when defendants have already been convicted and sentenced to life without parole. in a federal prison.

The executive order can be seen, among other things, as a rebuke by the new administration to President Biden's December 2024 decision to commute 37 of 40 prisoners on death row, as well as in response to former Attorney General Merrick Garland's memorandum of July 2021 establishing a moratorium. on federal executions and calling for a review of federal execution policies and protocols. That review culminated in AG Garland's decision last week to rescind the federal government's lethal injection protocol for pentobarbital, a unique drug. At the same time, the outgoing Attorney General also ordered the Bureau of Prisons to conduct evaluations of any alternative modes of execution, which may be introduced in the future, and to include in this evaluation the facilities and personnel of the state or local involved in such execution.[.] This directive is bolstered by the Justice Department's detailed analysis of pentobarbital use, and while it is not binding on the new administration, it should be seriously considered by Justice Department officials before selecting a pentobarbital substitute.

President Trump's directive that the attorney general take all necessary and lawful steps to ensure that states with capital punishment have sufficient access to the drugs needed for lethal injection executions appears directed at the fact that most pharmaceutical companies now refuse to supply prisons with drugs used in executions. . Laws passed in recent years prohibit the public from knowing the origins of deadly drugs used, making it increasingly difficult to judge the reliability of manufacturers or the effectiveness of drugs, and increasing the risks of botched executions. . Some states have explored alternatives to lethal injection, including the use of nitrogen hypoxia, or gas, which causes death by suffocation when an individual is forced to breathe pure nitrogen, thereby depriving the brain and the oxygen body.

During Trump's first term, his administration carried out 13 federal executions during his final six months in office under the now-retired Pentobarbital Execution Protocol. Only three men remain on federal death row, and none of them have exhausted their appeals.

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Amid a flurry of first-day executive orders, President Trump issues executive order on the death penalty. Retrieved January 22, 2025, from https://deathpenaltyinfo.org/among-flurry-of-first-day-executive-orders-president-trump-issue-un-ordre-sur-la-peine-de-mort'). then($tooltip('Quote copied to clipboard'))” class=”w-48 rounded-md bg-white px-3.5 py-2.5 medium-font gray-text-900 shadow-sm ring-1 ring-inset gray-ring-300 hover: bg-teal-700 hover: gray-text-100 flex items -top” x-tooltip=”Information Center on the death penalty (January 21, 2025). Amid a flurry of first-day executive orders, President Trump issues executive order on the death penalty. Retrieved January 22, 2025, from https://deathpenaltyinfo.org/among-flurry-of-first-day-executive-orders-president-trump-issues-order-on-the-death-penalty”> APA Chicago Death Penalty Information Center January 21, 2025. https://deathpenaltyinfo.org/among-flurry-of-first-day-executive-orders-president-trump-issues-order-on-the-death-penalty Accessed January 22, 2025.').then($tooltip (“Quote copied to clipboard”))” class=”w-48 rounded-md bg-white px-3.5 py-2.5 font-medium text-gray-900 shadow-sm ring-1 ring-inset ring-gray-300 hover:bg-teal-700 hover:text-gray-100 flex items-top” x-tooltip=”Sentence Information Center of Death Among Flurry of First Day Executive Orders, President Trump Issues Executive Order on Death Penalty Death Penalty Information Center January 21, 2025. https://deathpenaltyinfo.org/among-flurry-of-first-day-executive-orders-president-trump-issues-order-on-the-death-penalty Accessed January 22, 2025. “> MLA

Sources

Alanna Durkin Richer and Trump sign death penalty order directing attorney general to help states obtain lethal injection drugs, Associated Press, January 20, 2025.

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