The Trump Justice Department announced on Friday, April 24, its intention to expand the application of the death penalty in federal capital cases, proposing the addition of firing squads, electrocution, and gas alongside lethal injection.
Acting Attorney General's Statement
Acting Attorney General Todd Blanche characterized the move as a return to law enforcement and victim advocacy, stating, “The prior administration failed in its duty to protect the American people by refusing to pursue and carry out the ultimate punishment against the most dangerous criminals, including terrorists, child murderers, and cop killers.” Blanche emphasized that under President Donald Trump, “the Department of Justice is once again enforcing the law and standing with victims.”
Reversal of Biden-era Policies
This shift marks a stark reversal of the policies enacted by the previous administration; before leaving office in January 2025, President Joe Biden commuted the sentences of 37 of the 40 inmates on federal death row. Trump has prioritized the expansion of capital punishment since his first day back in the White House, specifically calling for its use in “the vilest crimes.”
Federal vs. State Authority
While capital punishment is primarily a state-level issue, the federal government maintains the authority to seek execution for specific crimes. Currently, five US states authorize firing squads, though South Carolina is the only one to have utilized the method recently. Additionally, while nine states allow for electrocution, it has not been used since 2020. Recently, two states have employed nitrogen hypoxia, a method involving suffocation via nitrogen gas, despite denunciations from United Nations experts who labeled the practice "cruel and inhumane."
Notable Cases Not Commuted
The three individuals whose death sentences were not commuted by the previous administration include those responsible for the 2013 Boston Marathon bombing, the 2015 shooting of nine Black churchgoers, and the 2018 murder of 11 Jewish worshippers.
As of now, the death penalty remains abolished in 23 states, with three others maintaining active moratoriums.
