FORT LAUDERDALE, Fla. — President-elect Donald Trump declared on Tuesday his intention to decisively advocate for capital punishment following President Joe Biden’s recent decision to convert the sentences of the majority of individuals on federal death row. Biden’s move, which affected 37 out of 40 condemned clients, aimed to halt Trump from proceeding with their executions.
Trump expressed his disapproval of Biden’s choice to change these death sentences into life sentences without the possibility of parole, asserting that it was senseless and disrespectful to the victims’ families. In contrast, Biden justified his actions by stating they aligned with a moratorium on federal executions, with exceptions existing for instances tied to terrorism or hate-driven mass killings. Trump took to his social media platform, exclaiming, “Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country. When you hear the acts of each, you won’t believe that he did this. Makes no sense. Relatives and friends are further devastated. They can’t believe this is happening!”
Historically, presidents have not played a direct role in influencing the sentences pursued by federal prosecutors in criminal cases. Nonetheless, Trump has previously indicated a desire for greater control over the Justice Department’s affairs. He stated he would instruct the department to seek the death penalty immediately upon taking office, though he remained unclear about specific cases, indicating it would be reserved for “violent rapists, murderers, and monsters.” He specifically emphasized two men who were on federal death row for killing a woman and a child, both of whom admitted to committing additional murders, and whose sentences were commuted by Biden.
Is this a strategy at play or merely a rhetorical stance? During his campaign, Trump advocated for an expansion of the federal death penalty, suggesting it should apply to individuals who kill police officers, those convicted of drug trafficking, and migrants who commit homicide against U.S. citizens. According to Douglas Berman, a sentencing law expert from Ohio State University, “Trump has been fairly consistent in wanting to sort of say that he thinks the death penalty is an important tool and he wants to use it.” However, he added that the feasibility of making such claims a reality could be complicated under current laws.
Berman noted that Trump’s recent comments may simply reflect a response to Biden’s decision rather than a comprehensive plan, suggesting it leans more towards rhetoric than actionable policy. “I’m inclined to think it’s still in sort of more the rhetoric phase. Just, ‘don’t worry. The new sheriff is coming. I like the death penalty,’” he said.
Public sentiment around capital punishment has fluctuated over time. Historically, American support for the death penalty in murder convictions has been strong, but recent surveys indicate a decline in this backing. A Gallup poll conducted in October revealed that around half of Americans supported the death penalty, a significant drop from approximately 70% support noted in 2007.
It’s also important to note that most death row inmates are sentenced by state courts rather than federally. Before Biden’s commutation, there were 40 federal death row inmates, while states have sentenced over 2,000 individuals to death. Berman highlighted that typically, these cases are addressed at the state level and raised the question of whether the Trump administration might seek to federalize certain state murder cases, such as those involving drug trafficking. There is potential for pursuing cases from states that have outlawed the death penalty.
Furthermore, Berman pointed out that Trump’s remarks might align with an effort to prompt the Supreme Court to reevaluate its stance regarding the use of the death penalty as a punishment for rape. He suggested that would likely be a long and drawn-out process. Before one of his rallies on August 20, Trump purportedly had readiness to announce a push for the death penalty for child rapists and human traffickers, but ultimately refrained from voicing that intention.
Trump’s emphasis on specific cases involved Jorge Avila Torrez, a former Marine sentenced to death for the murder of a sailor in Virginia, who later confessed to killing an 8-year-old and a 9-year-old girl. Additionally, he mentioned Thomas Steven Sanders, sentenced for abducting and killing a 12-year-old girl after shooting her mother.
While some families of victims expressed frustration with Biden’s actions, advocacy groups that called for a reduction in federal capital punishment practices celebrated the decision. Organizations such as the American Civil Liberties Union and the U.S. Conference of Catholic Bishops praised Biden’s choice. Currently, only three federal inmates are still facing the death penalty: Dylann Roof, the perpetrator of the 2015 racial massacre at Mother Emanuel AME Church; Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who committed the mass shooting at Pittsburgh’s Tree of Life Synagogue in 2018, marking the deadliest antisemitic attack in U.S. history.
