Justice Department Approves Use of Firing Squads as Trump Administration Seeks To Revive Federal Executions

Calling the death penalty a “critical component” of deterrence in the criminal justice system, the Department of Justice is expanding the methods available to carry out federal executions and is attempting to shorten the length of some appeals.Seeking to revive the federal use of the death penalty, President Trump directed the Department of Justice on his first day back in office to prioritize pursuit of the ultimate penalty in appropriate cases; promptly carrying out those sentences; and strengthening the death penalty. Firing squads and lethal gas will be allowed and the use of the lethal drug pentobarbital will be permitted, the acting attorney general, Todd Blanche, said in a statement Friday. States have cited issues getting the drugs used for lethal injections as a reason for the change. Concerns were also raised about botched lethal injection cases. Some inmates have needed multiple doses of the drug to kill them or suffered fluid filling their lungs before their heart stopped beating.The Constitution bans cruel or unusual punishment and executions by firing squads are not without issues. A South Carolina man may have suffered for an extended period after the shooters largely missed his heart during his 2025 execution, an autopsy found.Currently, just three inmates are on federal death row: Dylann Roof, who was convicted in 2017 for the 2015 fatal shooting of nine parishioners at Mother Emanuel AME Church in South Carolina; Robert Bowers, who was convicted in 2017 for the mass murder of 11 congregants at the Tree of Life Synagogue in Pittsburgh and sentenced in 2023; and Dzhokhar Tsarnaev, whose 2013 bombing of the Boston Marathon left two dead and resulted in his 2015 death sentence. The Justice Department issued a report Friday with guidelines aimed at reversing the commutation of 37 other federal inmates whose death sentences were changed to life imprisonment by President Biden at the end of his administration. Bowers was the one inmate sentenced to death during Mr. Biden’s tenure even though then-Attorney General Merrick Garland issued a moratorium on death sentences at the start of Mr. Biden’s term and later rescinded the execution protocol of the first Trump administration, which called for the use of lethal injection.“The prior administration failed in its duty to protect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,” Mr. Blanche said in his statement. “Under President Trump’s leadership, the Department of Justice is once again enforcing the law and standing with victims.”The Justice Department issued 13 authorizations to seek the death penalty during Mr. Trump’s first term, which was the highest number since 39 were authorized during President Obama’s first term.The Justice Department has authorized federal prosecutors to seek death sentences against 44 defendants since Mr. Trump returned to the White House. These include three alleged MS-13 gang members accused of murdering a federal witness.The department is also trying to speed up the process of carrying out death sentences. The administration says it is considering a rule that will empower states to streamline their review of capital cases. Another proposal would prohibit inmates with death sentences from seeking clemency until a court appeal has been heard in their cases. The report recommends the Justice Manual be updated to return the department to its historic approach to capital crimes — streamlining the process for seeking death sentences and ensuring appropriate consultation with victims’ families.“There is much that can be done to preserve and enhance the death penalty’s role in deterring heinous crimes, bringing closure to victims’ families, and affirming society’s most fundamental values,” the report states. “The most significant changes require legislative action. But the Department has the authority to institute positive reforms.”Federal law generally defers to state options for its executions and gives convicts no choice of method, as is permitted by some states. Re-establishing the firing squad as a federal protocol means authorities can expand the use of this method now available in just five states, Mississippi, Oklahoma, South Carolina, Utah, and Idaho. In the 13 states where the death penalty is not permitted by law, as in Massachusetts where Tsarnaev was convicted, the federal government can elect any option from another state it wishes to use for execution. The decision to reinstate the firing squad drew criticism from the senior senator from Illinois, Dick Durbin, whose state abolished the death penalty exactly 15 years ago.“The Trump Justice Department just expanded the barbaric federal death penalty protocols, including reinstating firing squads and lethal injections. Shameful,” he wrote in a statement on X. “This isn’t justice. It’s cruel, immoral, and discriminatory. Expanding the federal death penalty will be a stain on our history.”The same day as Mr. Blanche’s announcement, Pope Leo XIV released a video message marking the 15th anniversary of the abolition of the death penalty in his home state, Illinois.“I offer my support to those who advocate for the abolition of the death penalty in the United States of America and around the world,” the pontiff said. “I pray that your efforts will lead to a greater acknowledgement of the dignity of every person, and will inspire others to work for the same just cause.”

Justice Department Approves Use of Firing Squads as Trump Administration Seeks To Revive Federal Executions

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