Skip to main content

For Trump and Barr, Executions Are a Statement

Attorney General William Barr, left, and Donald Trump
A 16-year pause in federal executions taught the president and the attorney general nothing.

Late last week, Attorney General William Barr announced that the federal government, after a hiatus of more than a decade and a half, will start executing prisoners again in December. In the 16 years since the last federal execution, those sitting on the federal death row, even those who had exhausted their appeals, remained imprisoned in the unit for the condemned. Still, under both George W. Bush and Barack Obama, the federal government sought, and sometimes got, new death sentences—even in states where lawmakers have rejected capital punishment.

Barr’s abrupt decision to resume federal executions looks like one more stunt to distract Americans from the misdeeds of his boss, President Donald Trump. But it’s also a statement about the persistence of the death penalty itself, despite everything wrong with it—its cost, its failure to deter crime, the long list of death-row inmates who turned out to be innocent.

I am a defense attorney in Chicago, and I specialize in capital cases. When I mention this to other Illinois residents, many express surprise that there are still death-penalty prosecutions in our state, which has led a nationwide retreat from capital punishment. First, we kept getting the wrong guy; since 1977, a state that executed 12 people has exonerated 19 from death row. In 1999, Governor George Ryan declared a moratorium on executions, and in 2003 emptied death row by commuting most sentences to life without parole. Finally, in 2011, our legislature abolished death as a punishment.

What many don’t realize, though, is that the death penalty is still available through the federal government. Murder and other violent offenses are usually prosecuted by states. The Justice Department’s own guidelines advise against prosecuting what is essentially “state crime,” as states themselves can do that. Yet as long as a U.S. attorney can find a federal “hook,” any state crime can be prosecuted by the federal government. If a defendant is a gang member accused of a murder, and the gang dealt drugs that at some point crossed state lines, that is sufficient to allow a federal prosecution.

Since Trump took office, those of us in the capital-defense community have seen a sharp spike in capital prosecutions of state crimes by the federal government, and there is a shortage of counsel qualified to represent defendants in death-penalty cases. States that are perfectly capable of prosecuting a gang-related murder are having jurisdiction taken from them by the federal government. Late last year, I was appointed to represent a young man facing the death penalty who had been in state court on similar charges. He was aware he was being transferred to federal court, but was shocked to learn, when I met him for the first time in lockup just before he was formally charged, that he was about to face capital charges. He wept. This was also news to his mother, who collapsed in my arms. She said, between sobs, that she thought we no longer had the death penalty in Illinois.

Under these circumstances, the persistence of capital punishment is particularly disturbing when study after study has found that it costs more to prosecute a death case than an imprisonment case, that the death penalty is not a deterrent to crime, that the federal government disproportionately seeks death against black and brown people, and that more mistakes are made in capital cases than in most others.

Terre Haute, IndianaProponents of the death penalty insist that capital cases benefit from extra safeguards. In fact, there are many reasons death cases are unusually subject to errors. The crimes are often horrifying, taxing a jury’s ability to presume innocence—which even in much lesser cases does not come naturally to most of us. For example, if there have been some break-ins in your neighborhood and you read that the police have arrested someone, you don’t say, Let’s wait and see if he’s guilty. You say, I’m glad they caught the guy.

A jury in a death-penalty case gets an extra push in the prosecution’s direction. Anyone who opposes the death penalty is not allowed to sit on the jury at all. The fact that, at the outset of a death-penalty case, the judge is asking potential jurors about punishment makes the trial seem like a mere technicality. Because the federal government, in proceeding against capital defendants, routinely charges them with some form of conspiracy associated with a gang or political group, prosecutors are free to introduce many acts and crimes by other people that the jury may consider against the person facing death. Much of this evidence comes from alleged co-conspirators who are getting reduced sentences for their testimony. Thus, in federal court, hearsay from a witness who has something to gain often forms the majority of the evidence against the person capitally charged. Add up all these factors, and the possibility of wrongful convictions and wrongful sentences is much worse in a federal death prosecution than anywhere else.

What does this have to do with Barr’s recent actions? Support for the death penalty requires no evidence that it is administered fairly. But it also is in perfect alignment with Trump’s predilections. He infamously called for, in a full-page ad, the execution of the Central Park 5, who were later exonerated by DNA evidence and the confession of the actual rapist. Despite this, he has never withdrawn his remarks or apologized in any way. That case says a lot about the death penalty more generally: When the people in power just want to make a statement, it doesn’t matter what the facts show.

Source: The Atlantic, Andrea D. Lyon, July 29, 2019. Andrea D. Lyon is a defense attorney in capital cases


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

'No Warning': The Death Penalty In Japan

Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite criticism over how it is carried out. Tokyo: Capital punishment in Japan is under scrutiny again after the world's longest-serving death row prisoner, Iwao Hakamada, was awarded $1.4 million in compensation this week following his acquittal last year in a retrial. Stakes for wrongful convictions are high in Japan, where the death penalty has broad public support despite international criticism over how it is carried out.

A second South Carolina death row inmate chooses execution by firing squad

Columbia, S.C. — A South Carolina death row inmate on Friday chose execution by firing squad, just five weeks after the state carried out its first death by bullets. Mikal Mahdi, who pleaded guilty to murder for killing a police officer in 2004, is scheduled to be executed April 11. Mahdi, 41, had the choice of dying by firing squad, lethal injection or the electric chair. He will be the first inmate to be executed in the state since Brad Sigmon chose to be shot to death on March 7. A doctor pronounced Sigmon dead less than three minutes after three bullets tore into his heart.

Louisiana's First Nitrogen Execution Reflects Broader Method Shift

Facing imminent execution by lethal gas earlier this week, Jessie Hoffman Jr. — a Louisiana man convicted of abducting, raping and murdering a 28-year-old woman in 1996 — went to court with a request: Please allow me to be shot instead. In a petition filed with the U.S. Supreme Court on March 16 seeking a stay of his execution by nitrogen hypoxia, a protocol that had yet to be tested in the state, Hoffman requested execution by firing squad as an alternative.

South Carolina | Spiritual adviser of condemned inmate: 'We're more than the worst thing we've done'

(RNS) — When 67-year-old Brad Sigmon was put to death on March 7 in South Carolina for the murder of his then-girlfriend's parents, it was the first time in 15 years that an execution in the United States had been carried out by a firing squad. United Methodist minister Hillary Taylor, Sigmon's spiritual adviser since 2020, said the multifaceted, months long effort to save Sigmon's life, and to provide emotional and spiritual support for his legal team, and the aftermath of his execution has been a "whirlwind" said Taylor, the director of South Carolinians for Alternatives to the Death Penalty.

USA | Federal death penalty possible for Mexican cartel boss behind 1985 DEA agent killing

Rafael Caro Quintero, extradited from Mexico in 2022, appeared in Brooklyn court as feds weigh capital charges for the torture and murder of Agent Enrique Camarena NEW YORK — The death penalty is on the table for notorious drug lord Rafael Caro Quintero, the so-called “narco of narcos” who orchestrated the torture and murder of a DEA agent in 1985, according to federal prosecutors. “It is a possibility. The decision has not yet been made, but it is going through the process,” Assistant U.S. Attorney Saritha Komatireddy said in Brooklyn Federal Court Wednesday.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Inside Florida's Death Row: A dark cloud over the Sunshine State

Florida's death penalty system has faced numerous criticisms and controversies over the years - from execution methods to the treatment of Death Row inmates The Sunshine State remains steadfast in its enforcement of capital punishment, upholding a complex system that has developed since its reinstatement in 1976. Florida's contemporary death penalty era kicked off in 1972 following the U.S. Supreme Court's decision in Furman v. Georgia , which temporarily put a stop to executions across the country. Swiftly amending its laws, Florida saw the Supreme Court affirm the constitutionality of the death penalty in 1976's Gregg v. Georgia case.

Bangladesh | Botswana Woman Executed for Drug Trafficking

Dhaka, Bangladesh – Lesedi Molapisi, a Botswana national convicted of drug trafficking, was executed in Bangladesh on Friday, 21 March 2025. The 31-year-old was hanged at Dhaka Central Jail after exhausting all legal avenues to appeal her death sentence. Molapisi was arrested in January 2023 upon arrival at Hazrat Shahjalal International Airport in Dhaka, where customs officials discovered 3.1 kilograms of heroin hidden in her luggage. Following a trial under Bangladesh’s Narcotics Control Act, she was sentenced to death in May 2024. Her execution was initially delayed due to political unrest in the country but was carried out last week.

Oklahoma executes Wendell Grissom

Grissom used some of his last words on Earth to apologize to everyone he hurt and said that he prays they can find forgiveness for their own sake. As for his execution, he said it was a mercy. Oklahoma executed Wendell Arden Grissom on Thursday for the murder of 23-year-old Amber Matthews in front of her best friend’s two young daughters in 2005.  Grissom, 56, was executed by lethal injection at the Oklahoma State Penitentiary in McAlester and pronounced dead at 10:13 a.m. local time, becoming the first inmate to be put to death by the state in 2025 and the ninth in the United States this year. 

564 People On Death Row In India, Highest Since The Turn Of The Century

In 90% of of all death penalty sentences in 2024, trial courts imposed sentences in the absence of adequate information about the accused, finds a recent report Bengaluru: Following the uproar and the widespread protests after the August 2024 rape and murder of a medical professional in Kolkata’s RG Kar hospital, there were demands for death penalty for the accused. The state government passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill 2024 (awaiting presidential assent) which included mandatory death sentence for rape which results in death of the victim or if the victim is left in a vegetative state, despite such a mandatory sentence being unconstitutional.