WASHINGTON — President Donald Trump has taken significant steps regarding the death penalty by signing an executive order that empowers the attorney general to ensure states have the necessary lethal injection drugs for executing death sentences.
This command, issued shortly after Trump’s return to the White House, mandates the Justice Department to not only pursue death penalty sentences in relevant federal cases but also to assist states that face challenges in acquiring sufficient supplies of lethal drugs necessary for executions.
Following a hiatus in federal executions since 2021—when former Attorney General Merrick Garland instituted a moratorium—Trump’s move signals a potential return to such measures. Currently, only three individuals remain on federal death row after President Joe Biden commuted 37 death sentences to life imprisonment.
In his directive, Trump emphasized that the attorney general should actively seek the death penalty for certain cases, particularly those involving the murder of law enforcement officers or crimes committed by undocumented immigrants. Furthermore, he has instructed the attorney general to challenge existing Supreme Court rulings that may restrict the ability of state and federal authorities to enact capital punishment.
“The Government’s most solemn responsibility is to protect its citizens from abhorrent acts,” the executive order declares, highlighting the administration’s firm stance against any obstruction of the laws governing capital punishment for heinous acts of violence against Americans.
During his first term, Trump’s presidency oversaw 13 federal executions, marking a significant escalation in such actions compared to previous administrations. The former president has vocalized intentions to broaden the scope of executions, notably advocating for the death penalty for individuals involved in drug trafficking. In a recent campaign announcement, he reiterated his call for harsh penalties against drug dealers and commended China for its severe measures against drug offenses.
Coinciding with Trump’s order, Attorney General Garland recently rescinded the Justice Department’s protocol that permitted single-drug lethal injections using pentobarbital, citing concerns over the potential for inflicting undue pain during execution. The new acting Attorney General, James McHenry III, may reinstate this protocol, or it could be established by Pam Bondi once she is confirmed by the Senate to lead the Justice Department.
The pentobarbital protocol had been adopted during Bill Barr’s tenure as attorney general, designed to replace a three-drug system that was in effect in the early 2000s—the last period when federal executions were performed before Trump’s administration.
Following Biden’s commutation of sentences last month, only three inmates are now on federal death row: Dylann Roof, responsible for the 2015 racially motivated murders of nine Black individuals at the Mother Emanuel AME Church in Charleston, South Carolina; Dzhokhar Tsarnaev, who was convicted for the 2013 Boston Marathon bombing; and Robert Bowers, who perpetrated the tragic shooting of 11 worshippers at Pittsburgh’s Tree of Life synagogue in 2018, which is recognized as the deadliest antisemitic attack in U.S. history.
