Philadelphia Front Page News Justice Brief: Executive Orders Signed By U.S. President Donald Trump News - Among Flurry of First-Day Executive Orders, President Trump Issues Order on the Death Penalty Forward news by Death Penalty Information Center frontpagenews1@yahoo.com
Above: President Donald Trump.
On January 20, 2025, President Donald Trump signed more than two dozen Executive Orders, including a call to “restore” the federal death penalty. The Order, while lacking many important details, instructs the Department of Justice’s Attorney General to “pursue the death penalty for all crimes of a severity demanding its use,” including the killing of a law enforcement officer or “a capital crime committed by an illegal alien present in this country” and to encourage state attorneys general to bring state-capital charges for these crimes. President Trump also calls on the Attorney General to “take all necessary and lawful action” to ensure that states with capital punishment have sufficient access to the drugs needed for lethal injection executions. The Order also directs the Attorney General to seek to overrule any established Supreme Court precedent that “limit the authority 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 specifics or addressing the fact that well-settled legal precedent or laws would need to be changed by the United States Supreme Court or Congress to make the proposals a reality.
With respect to the recent commutations of federal death sentenced 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 lawful action to ensure that each of these individuals “are 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 state-level capital crimes and “shall recommend appropriate action to state and local authorities.” Local elected prosecutors have the ultimate discretion in charging 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’s unlikely state prosecutors would choose to prosecute crimes that occurred twenty or thirty years ago, especially when the defendants have already been convicted and sentenced to life without parole in federal prison.
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