President Donald Trump signed an executive order on his first day back in office, aiming to expand the use of capital punishment in the United States. The order, part of a broader package of immigration and law enforcement measures, directs the attorney general to “take all necessary and lawful action” to ensure that states have sufficient supplies of lethal injection drugs to carry out executions.
Key points of the executive order include:
- Directing the attorney general to seek the death penalty for all crimes deemed severe enough to warrant its use.
- Encouraging state attorneys general and district attorneys to pursue capital charges for certain crimes, particularly those involving the murder of law enforcement officers.
- Specifically targeting undocumented immigrants, with the Department of Justice directed to seek the death penalty for illegal immigrants who harm Americans.
- Instructing the attorney general to take steps to overturn Supreme Court precedents that limit the authority of state and federal governments to impose capital punishment.
In July 2021, Attorney General Merrick Garland imposed a moratorium on federal executions, marking a significant shift in the ongoing capital punishment debate. This decision followed a series of 13 federal executions carried out during the final months of the Trump administration, which had ended a 17-year hiatus in federal capital punishment.
Garland’s Moratorium and Review
Garland’s memorandum directed the Department of Justice to conduct a comprehensive review of its policies and procedures related to federal executions. The review focused on several key areas:
- Lethal injection protocols
- Justice Manual provisions on capital cases
- Overall manner of execution regulations
During this review period, no federal executions were to be scheduled, effectively pausing capital punishment at the federal level.
Recent Developments
In a significant policy shift, the Biden administration, through Attorney General Garland, withdrew the Justice Department’s protocol for federal executions that allowed for single-drug lethal injections using pentobarbital. This decision was based on a government review that raised concerns about the potential for “unnecessary pain and suffering” during executions.
Historical Context
The pentobarbital protocol was originally adopted by former Attorney General Bill Barr during Trump’s first term. It replaced a three-drug mixture that had been used in federal executions prior to Trump’s presidency.
