Skip to main content

Among Flurry of First-Day Executive Orders, President Trump Issues Order on the Death Penalty

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.

The Executive Order can be seen, inter alia, as a rebuke by the incom­ing admin­is­tra­tion to President Biden’s December 2024 deci­sion to com­mute 37 of the 40 pris­on­ers on death row, as well as in reac­tion to for­mer Attorney General Merrick Garland’s July 2021 mem­o­ran­dum plac­ing a mora­to­ri­um on fed­er­al exe­cu­tions and call­ing for a review of fed­er­al exe­cu­tion poli­cies and pro­to­cols. That review result­ed in a deci­sion by AG Garland last week to rescind the fed­er­al government’s sin­gle-drug pen­to­bar­bi­tal lethal injec­tion pro­to­col. At the same time, the out­go­ing Attorney General also direct­ed the Bureau of Prisons ​“to con­duct eval­u­a­tions of any oth­er man­ner of exe­cu­tion,” that might be intro­duced going for­ward, and includ­ed in that eval­u­a­tion ​“state or local facil­i­ties and per­son­nel involved in any such exe­cu­tion[.]” This direc­tive is bol­stered by the detailed Department of Justice analy­sis of pen­to­bar­bi­tal use, and while not bind­ing on the incom­ing admin­is­tra­tion, should be seri­ous­ly con­sid­ered by DOJ offi­cials before any sub­sti­tute for pen­to­bar­bi­tal is selected.

President Trump’s direc­tive that the Attorney General ​“take all nec­es­sary and law­ful action” 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 drug com­pa­nies now refuse to sup­ply drugs used in exe­cu­tions to pris­ons. Laws passed in recent years bar the pub­lic from learn­ing the sources of lethal drugs being used, mak­ing it increas­ing­ly dif­fi­cult to judge the reli­a­bil­i­ty of man­u­fac­tur­ers or the effi­ca­cy of the drugs, and increas­ing the chances of ​“botched” exe­cu­tions. Some states have explored alter­na­tives to lethal injec­tion, includ­ing the use of nitro­gen hypox­ia, or gas, which results in death by suf­fo­ca­tion as an indi­vid­ual is forced to breathe pure nitro­gen, depriv­ing the brain and body of oxygen.

In Trump’s first term, his admin­is­tra­tion car­ried out 13 fed­er­al exe­cu­tions in his last six months in office under the now-with­drawn pen­to­bar­bi­tal exe­cu­tion pro­to­col. Just three men remain on fed­er­al death row, none of whom have exhaust­ed their appeals.



Source: Death Penalty Information Center, Staff, January 21, 2025

_____________________________________________________________________








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

— Oscar Wilde



Comments

Most viewed (Last 7 days)

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones. 

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

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.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

'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.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.