Skip to main content

Obama Administration Steps Back From Effort to End Federal Death Penalty

President Barack Obama meets with Attorney General Loretta Lynch in the Oval Office, April 27, 2015. (Official White House Photo by Pete Souza)
President Barack Obama meets with Attorney General Loretta Lynch in the
Oval Office, April 27, 2015. (Official White House Photo by Pete Souza)
For a moment last year, it looked as if the Obama administration was moving toward a history-making end to the federal death penalty.

A botched execution in Oklahoma brought national attention to the issue, public opinion polls began to shift and President Obama, declaring that it was time to "ask ourselves some difficult and profound questions," directed Attorney General Eric H. Holder Jr. to review capital punishment.

At the Justice Department, a proposal soon began to take shape among Mr. Holder and senior officials: The administration could declare a formal moratorium on the federal death penalty because medical experts could not guarantee that the lethal drugs used did not cause terrible suffering. Such a declaration would have pressured states to do the same, the officials reasoned, and would bolster the legal argument that the death penalty is unconstitutionally cruel punishment.

But the idea never gained traction, and Mr. Obama has seldom mentioned the death penalty review since. Now, as the Supreme Court considered arguments Wednesday over whether lethal injection, as currently administered, was unconstitutional, the obstacles the Obama administration faced provide vivid examples of just how politically difficult the debate remains.

"It was a step in the right direction, but not enough of a step," said Charles J. Ogletree Jr., a Harvard professor and a death penalty opponent who met with administration officials as part of the review. The Justice Department, he added, has been refusing to say what he thinks senior officials there believe: "We've had too many executions that didn't work and killing somebody's not the answer."

In remarks last May after a prisoner in Oklahoma regained consciousness and writhed and moaned during a lethal injection, Mr. Obama, who has supported the death penalty, seemed to raise expectations for a policy change. He lamented its racial disparities and the risk of executing innocent people. He referred the matter to Mr. Holder, a liberal stalwart who opposed capital punishment. But privately the White House was cautious, sending word to the Justice Department to keep its focus narrow, administration officials said.

Mr. Obama called for the review at a time when there had not been a federal execution since 2003, when Louis Jones Jr. was killed for raping and murdering a 19-year-old female soldier. Since 2010, the federal government has effectively had a moratorium on executions - all are carried out by lethal injection - because manufacturers in Europe and the United States refused to sell the government the barbiturates used to render prisoners unconscious. States, however, found alternatives, including the sedative midazolam, which was used in the gruesome execution of Clayton D. Lockett in Oklahoma last year.

As the Justice Department sought advice from experts on both sides of the issue, opposition to the idea came from unexpected corners. Some of the most outspoken voices against the death penalty also urged the most caution, fearful that a federal announcement would actually do more harm than good.

"From my view, we're better off with things bubbling up in the states," said Henderson Hill, the executive director of the Eighth Amendment Project and one of several people consulted by the administration last year. "I've never been all that enthusiastic about the executive branch's role." While 32 states allow the death penalty, many have their own moratoriums on executions and the number of people put to death is declining.

Advocates in particular worried that having Mr. Obama and Mr. Holder as the faces of the anti-death penalty movement would stoke conservative support for capital punishment at a time when some libertarian-minded Republicans, Christian conservatives and liberal Democrats appeared to be finding common ground in opposition to it.

"I'm not sure that what the administration would have to say would be inherently influential in Nebraska," Mr. Hill said. Opposition to the death penalty was growing in Nebraska last year and lawmakers voted overwhelmingly this month to replace it with life in prison, setting up a veto fight with Gov. Pete Ricketts, a Republican.

Advocates were further worried that if lethal injections were eliminated, states would bring back older methods of execution, a concern borne out in Utah, where officials said they would bring back firing squads if lethal drugs were not available. Other states are reviving plans to use the electric chair or gas chambers.

Inside the Justice Department, some officials opposed a formal moratorium because it would eliminate the option for the death penalty in terrorism cases like the one against Dzhokhar Tsarnaev, who faces a possible death sentence for the 2013 bombings at the Boston Marathon. Others worried that eliminating the death penalty would make it harder to persuade Congress to move terrorist suspects from the island prison at Guantanamo Bay to the United States for trial.

There were also logistical hurdles. Advocates and administration officials asked what would happen to the roughly 5 dozen people on federal death row. Would Mr. Obama, who has said the death penalty was appropriate in some cases, commute the sentences of men who raped and murdered people? There were no clear answers.

In the end, the question never made it to Mr. Obama's desk. Last fall, Mr. Holder announced plans to resign, and officials said it would be inappropriate to recommend a major policy change on his way out of office, then leave it up to his successor to carry it out. In January, the Supreme Court agreed to hear the case of 3 convicted murderers who challenged the lethal injection drugs. Now with the issue before the justices, the review at the Justice Department has come to a halt because any administration action could be seen as trying to influence the court.

Attorney General Loretta E. Lynch, who was sworn in this week, told senators during her confirmation hearing that the death penalty "is an effective penalty." But she did not elaborate. Emily Pierce, a Justice Department spokeswoman, said the review continued. "And we have, in effect, a moratorium in place on federal executions in the meantime."

Some advocates, who spoke on condition of anonymity to discuss conversations that were confidential, said they urged the Justice Department to focus on exposing racial inequities, problems with legal representation and the costs of capital punishment. Officials said that was likely to happen, regardless of what happens at the Supreme Court.

"We keep having these moments where we're very close," Mr. Ogletree said.

He said that the focus had simply moved to the Supreme Court, where he held out hope that Justice Anthony M. Kennedy would side with the more liberal members of the court and declare the lethal drugs unconstitutional.

Source: New York Times, April 30, 2015

Report an error, an omission: deathpenaltynews@gmail.com

Most viewed (Last 7 days)

Florida | Former prison warden who oversaw executions urges corrections workers to not participate in them

Recently Florida carried out the execution of Dusty Spencer , a 74-year-old Marine veteran, for the murder of his wife, Karen, in 1992. It was the ninth Florida execution this year. For their own sake, I urge Florida’s corrections workers to refuse to carry out another one. Before you dismiss me as some soft lefty, you should know that I am an Air Force veteran. I voted for Ron DeSantis for governor twice—and for Donald Trump for president three times.

Iraq: Saddam Hussein Execution was Moved Forward Because of Gaddafi Rescue Plans, Judge Says

Saddam Hussein's execution on December 30, 2006 The execution of former Iraqi President Saddam Hussein was accelerated due to the belief that the then Libyan leader, Muammar El-Gaddafi, had a plan to rescue him from prison, Judge Mounir Haddad revealed today. Hadad, who presided over the trial of Hussein, revealed to the Al-Arabiya Satellite Channel Point of Order program new details of the trial against the former president and his last moments before being hanged, including the 'health and welfare' votes for the magistrate himself . According to his testimony, the application of the death penalty to Saddam Hussein was precipitated because authorities knew that El-Gaddafi - later murdered in 2011 - was allegedly trying to bribe US guards who guarded him to rescue him from prison. He added that, contrary to previous reports from the local and US press, former Iraqi President Jalal Talabani gave his 'implicit approval' for Hussein's execution, an...

US | Conservative federal judge says death penalty for child sex crimes may be legal

June 24 (Reuters) - A conservative federal judge on Wednesday took the position that despite a 2008 U.S. Supreme Court ruling barring the death penalty for child rape, prosecutors today may be free to seek capital punishment in cases involving sexual offenses against children. St. Louis-based U.S. District Judge Joshua ​Divine, who was appointed to the bench only last year by Republican President Donald Trump, delivered his views in an unusual ‌court opinion issued on the same day he was set to sentence a Missouri man who faced a maximum prison term of 20 years.

Might Ohio use electric chair again?

Electric chair at Southern Ohio Correctional Facility The difficulty of obtaining drugs for executions has some Ohio legislators talking about alternatives, including the electric chair. "There are other options," said Rep. Jim Buchy, R-Greenville, a co-sponsor of legislation to keep the supplier of execution drugs secret. "Rope is cheap," said state Sen. Bill Seitz, R-Cincinnati. No one is seriously suggesting - at least not yet - taking "Old Sparky," Ohio's electric chair, out of retirement, or returning to hanging, which the state abandoned in 1897. But Ohio's problem with lethal-injection drugs is coming to a head: The scheduled Feb. 15 execution of Ronald Phillips is 90 days away. Legislators are rushing to pass House Bill 663 before the lame-duck legislative session ends on Dec. 31 so that the Ohio Department of Rehabilitation and Correction can obtain drugs it needs at least a month before the execution. The legisla...

Florida executes Dusty Ray Spencer

74-year-old man becomes oldest inmate executed in modern Florida history  A 74-year-old man convicted of fatally stabbing his wife became the oldest person executed in Florida’s modern history on Thursday, and the state is scheduled to execute another 74-year-old inmate next month.  Dusty Ray Spencer was pronounced dead at 6:10 p.m. following a 3-drug injection at Florida State Prison near Starke. Spencer was convicted of the 1992 stabbing death of his wife Karen. 

Halfway through the year, Saudi Arabia has already executed nearly 100 people

Almost 100 people executed so far this year as dozens more remain on death row for drug-related offences Saudi Arabian authorities have executed nearly 100 people so far this year, including at least 61 for drug-related offences, the latest of which was on 18 June. In response, Dana Ahmed, Middle East Researcher at Amnesty International, said today: “It is halfway through the year and Saudi Arabia has executed nearly 100 people, a grim milestone exposing the authorities’ unconscionable and unlawful use of the death penalty. Of the 96 people put to death already in 2026, an astounding 61 were executed for drug-related offences; 39 of them were foreign nationals and 22 Saudi nationals.

Reports suggest Iran executed LGBT singer Mohsen Lorestani 6 December

“Mohsen Lorestani, a Kurdish singer from Kermanshah, was charged with ‘corruption on earth’ in a public complaint. His lawyer told Kurdistan Human Rights Network, ‘The alleged incidents happened in a private chat.’ If convicted, this charge could result in death sentence.” The Tehran court alleged that the singer posted ‘immoral’ content which seems to indicate flirting.  Iranian law appears to allow the execution of allegedly gay men despite no evidence of actual sexual activity. Indeed, the Iranian Foreign Minister defended the executions of gays and lesbians earlier this year. “Our society has moral principles and we live according to these principles.” Posts from Kurdish social media accounts suggest that Iran executed singer Mohsen Lorestani on 6 December. Although authorities detained the singer in March, news of his arrest only surfaced in October . He appeared in court before the notorious hanging judge Mohammad Moqisseh, infamous for his role in ...

Indiana’s new prison already equipped for firing squads

Correction officials confirmed Westville can accommodate firing squad executions as lawmakers, the governor, and the U.S. Justice Department push for changes to protocols. As Indiana inches toward what could be its fourth state execution since resuming capital punishment, prison officials confirmed the state’s next correctional complex is already equipped for an execution method Hoosier lawmakers have yet to authorize. The Indiana Department of Correction confirmed to the Indiana Capital Chronicle that the new Westville Correctional Facility, now nearing completion, is designed to accommodate both lethal injection and firing squad executions. Indiana law currently allows only lethal injection.

ISIS releases images showing another 'gay man' being thrown off roof and stoned to death in Syria

Man thrown off roof and stoned to  death for being gay in Syria. Islamic State (ISIS) has released images appearing to show another man being thrown off a roof and stoned to death for being gay in Syria. Last month ISIS released extremely graphic images of the execution of two men for being gay in Mosul, Iraq, and earlier this month posted video of an similar incident in Tal Abyad, Syria . The group has now posted images of another execution in Raqqah, Syria. In the images, a man is thrown off a roof blindfolded, with his hands and feet bound. A large crowd gathered below the area to pelt his body with rocks. According to the Mail, the man had been accused of committing ‘acts of Sodomy’, and was referred to as a ‘Child of Lot’. Most of the images are too graphic to display on PinkNews, showing the man’s body amid a mound of rubble. In addition to men in the crowd, women in niqabs can be seen watching the execution in some of the unpublished pictures...

Japan | End solitary confinement and video surveillance of death row prisoners

Paris, Tokyo - 22 August 2022 — The International Federation for Human Rights (FIDH) and the Center for Prisoners’ Rights (CPR) denounce the use of solitary confinement and intrusive video surveillance of death row prisoners in Japan. Such measures amount to serious human rights violations and are grossly inconsistent with Japan’s obligations under international law. According to the latest available official figures, at the end of 2021 there were 107 prisoners (99 men and eight women) under death sentence in Japan. Almost half of them (47 men and two women) were in Tokyo Detention House. CPR research found that prisoners under death sentence in Tokyo Detention House are held in solitary confinement in 5.4-square-meter cells that are monitored 24 hours a day by closed-circuit TV (CCTV) cameras placed on the ceiling. There are no obstacles in front of the cameras, so everything is videotaped, including prisoners removing their clothes and underwear, as well as their use of toilets. Acco...