Restoring the Death Penalty and Protecting Public Safety

This executive order directs the Attorney General to vigorously pursue capital punishment at the federal level and support state-level executions, including by seeking death penalties for all qualifying federal crimes (with special emphasis on murders of law enforcement officers and crimes by undocumented aliens), evaluating the 37 Biden-commuted death row inmates for harsher confinement and possible state charges, ensuring states have lethal injection drugs, and seeking to overturn Supreme Court precedents limiting capital punishment.

Federal Register Open PDF 90 FR 8463

Key directives

Attorney General shall pursue death penalty for all crimes of severity demanding its use
Attorney General shall seek death penalty for federal capital crimes involving murder of law enforcement officer regardless of other factors
Attorney General shall seek death penalty for federal capital crimes committed by aliens illegally present regardless of other factors
Attorney General shall encourage state and local prosecutors to bring state capital charges for same crimes
Attorney General shall modify Justice Manual to reflect this policy
Attorney General shall evaluate imprisonment conditions of 37 Biden-commuted inmates and ensure confinement matches 'monstrosity of their crimes'
Attorney General shall evaluate whether 37 commuted inmates can be charged with state capital crimes and recommend action to state/local authorities
Attorney General shall ensure states with capital punishment have sufficient lethal injection drugs
Attorney General shall act on pending 28 U.S.C. 2265 certification requests
Attorney General shall seek overruling of Supreme Court precedents limiting capital punishment authority
Attorney General shall prioritize violent crime prosecution and dismantle transnational criminal activity
Attorney General shall encourage state/local alignment with violent crime prosecution priorities

Who is ordered

Attorney General · Department of Justice

Timeline

Immediate

Attorney General directed to modify Justice Manual
Attorney General to evaluate conditions of confinement for 37 commuted inmates
Federal prosecutors instructed to pursue death penalty for all qualifying crimes

Near term (90d)

Evaluation of state lethal injection drug supplies
Review of pending 28 U.S.C. 2265 certification requests
Assessment of whether 37 commuted inmates face viable state capital charges

Long term

Potential Supreme Court litigation to overturn capital punishment precedents
State-level policy changes encouraged through federal coordination
Possible resumption of federal executions after Biden-era moratorium

Risks & tensions

Potential federal-state tension if federal government pressures states to pursue capital charges against inmates whose federal death sentences were commuted
Constitutional tension in directive to seek overruling of Supreme Court precedents; raises separation of powers concerns
Vague standard in 'severity demanding its use' and 'monstrosity of their crimes' creates discretionary uncertainty
Lethal injection drug supply facilitation may encounter legal and logistical barriers (pharmaceutical company reluctance, EU export restrictions)
Double jeopardy and due process concerns if federal government encourages state capital charges after federal proceedings
Resource strain on federal courts and DOJ from expanded capital prosecution mandate