'Ghoulish': Trump Expands Federal Death Penalty

Delivering on a promise to "vigorously pursue the death penalty," U.S. President Donald Trump on Monday night signed an executive order that reverses his predecessor's moratorium on federal capital punishment and calls for expanding it.

The widely expected order—one of several issued on Inauguration Day—was swiftly criticized on factual and moral grounds.

Attorney and death penalty expert Robert Dunham pointed out that the order "starts with a demonstrable falsehood ('Capital punishment is an essential tool for deterring and punishing those who would commit the most heinous crimes'), signaling that the administration intends not to allow the facts to affect its policy decisions."

"In fact, the death penalty does not contribute anything to public safety," said Dunham, citing a study by the Death Penalty Policy Project, which he directs. "As for 'deterring the most heinous crimes,' see my analysis of the worst of the worst mass shootings in the United States."

"It is essential, with the importance and deadly consequences of this policy, that media coverage report the truth and not just the rhetoric," he stressed. "The executive order is grounded in a false, dark fantasy about deterrence and has nothing to do with making the public safer."

Declaring that "the death penalty is unjust and cruel," the ACLU warned that Trump's order not only directs an expansion of its use at the federal level but also encourages states to do the same.

Specifically, the order says that "in addition to pursuing the death penalty where possible," the attorney general shall seek it "regardless of other factors" for federal cases involving the murder of a law enforcement officer or a capital crime committed by an undocumented immigrant—and shall "encourage state attorneys general and district attorneys to bring state capital charges for all capital crimes with special attention to" those circumstances, "regardless of whether the federal trial results in a capital sentence."

The order further directs the head of the U.S. Department of Justice to "seek the overruling of Supreme Court precedents that limit the authority of state and federal governments to impose" the death penalty and "ensure that each state that allows capital punishment has a sufficient supply of drugs needed to carry out lethal injection."

Last week, outgoing U.S. Attorney General Merrick Garland "withdrew the Justice Department's protocol for federal executions that allowed for single-drug lethal injections with pentobarbital, after a government review raised concerns about the potential for 'unnecessary pain and suffering,'" The Associated Pressreported. "The protocol could be imposed by Trump's new acting Attorney General James McHenry III, or his pick to lead the Justice Department, Pam Bondi, once she's confirmed by the Senate."

Though Trump's order doesn't name Garland, it explicitly takes aim at former President Joe Biden for his moratorium as well as his attempt to prevent another GOP killing spree like the one that occurred at the end of the Republican's first term, accusing the Democrat of commuting the sentences of "37 of the 40 most vile and sadistic rapists, child molesters, and murderers on federal death row: remorseless criminals who brutalized young children, strangled and drowned their victims, and hunted strangers for sport."

Biden said last month that "in good conscience, I cannot stand back and let a new administration resume executions that I halted." He left Charleston church gunman Dylann Roof, Pittsburgh synagogue shooter Robert Bowers, and Boston bomber Dzhokhar Tsarnaev on death row. The others now face life in prison without the possibility of parole.

Trump cannot reverse Biden's commutations, but he directed the attorney general to "evaluate the places of imprisonment and conditions of confinement for each" of those 37 men and "take all lawful and appropriate action to ensure that these offenders are imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose."

The president also said that the attorney general "shall further evaluate whether these offenders can be charged with state capital crimes and shall recommend appropriate action to state and local authorities."

Death Penalty Action executive director Abraham Bonowitz said in a Monday statement:

President Trump's executive order demanding capital charges for the murder of law enforcement officers or capital crimes by illegal aliens is unnecessary bluster, because the death penalty already exists for such crimes. But Trump can't help himself. Donald Trump's Agenda2025 articulated his plan to drastically increase executions, and we all know this is one promise he can't wait to keep.

We are also dismayed at President Biden's cynical compromise that commuted 37 federal death sentences while leaving seven prisoners on federal and military death rows. While expressing both his personal opposition to the death penalty and his desire to maintain the moratorium on executions he imposed in 2021, Biden has nevertheless primed the pump for Donald Trump to resume his execution spree.

Social media users also slammed Trump's order, with one saying that "this is extremely disturbing" and another calling it "one of the most ghoulish things I've ever fucking read." Many critics highlighted that the president issued the measure while pardoning over 1,500 insurrectionists who stormed the U.S. Capitol on January 6, 2021, which led to the deaths of multiple police officers.

James Goodwin, policy director at the Center for Progressive Reform, noted that it "is straight out of Project 2025," the sweeping Heritage Foundation-led playbook from which Trump unsuccessfully tried to distance himself during the campaign.

Trump has a long history of supporting capital punishment. As journalist Prem Thakker put it, "On Martin Luther King Jr. Day, the man who bought [a] full-page [newspaper] ad calling for the execution of the Central Park Five—five Black and Latino teens wrongfully convicted of rape—makes one of his first acts as president to restore and prioritize the death penalty."