President-elect Donald Trump has pledged to reinstate and expand the use of federal executions, signaling a stark departure from President Joe Biden’s recent commutations of 37 federal death row sentences. This move highlights the growing divide in the U.S. over capital punishment and reflects Trump’s broader law-and-order platform.
Biden’s commutations, announced just days prior, converted the death sentences of most federal inmates to life without parole—a decision aligned with his administration's longstanding moratorium on federal executions. This shift is part of Biden’s effort to reduce the reliance on the death penalty, with the White House stating those commuted faced crimes which would not have warranted capital punishment under current justice policies.
Criticism from Trump came swiftly on his Truth Social platform, where he labeled Biden’s decision as “senseless” and “a slap in the face to victims’ families.” Trump emphasized his intention to make the reinstatement of federal executions central to his administration, promising to target “violent rapists, murderers, and monsters.” He wrote, “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 he did this. Makes no sense. Relatives and friends are devastated.” Trump's remarks highlighted specific cases, such as Thomas Steven Sanders and Jorge Avila Torrez, to bolster his argument against Biden’s decision.
Notably, three high-profile inmates—Dzhokhar Tsarnaev, Dylann Roof, and Robert Bowers—were excluded from Biden's commutations, remaining under the potential for federal execution consistent with Biden’s policies which limit capital punishment predominantly to terrorism and hate crimes.
While Trump’s push for reinstated federal executions aligns with his earlier campaign promises, experts caution he may encounter significant legal and logistical obstacles. Critics contend federal cases constitute only a small fraction of murder prosecutions, as most are handled at the state level. Expansion of death penalties to non-homicidal offenses, such as drug trafficking or rape—a suggestion Trump has made before—could face constitutional challenges, as the Supreme Court maintains the death penalty is disproportionately severe for crimes not involving murder.
Public sentiment surrounding capital punishment has evolved dramatically over the years. A Gallup poll revealed support for the death penalty has decreased from over 80% during the 1990s to approximately 55% today. Nonetheless, Trump’s rhetoric could resonate with voters favoring tougher penalties amid rising crime rates.
The prospect of resuming federal executions raises significant logistical concerns, particularly when state and federal jurisdictions intersect. Trump's previous term saw him oversee 13 federal executions—the highest under any president in over a century—setting the stage for potential political resistance during his anticipated push.
Debate surrounding these issues remains divided. Advocates of Biden's actions, including organizations like the ACLU, argue capital punishment is rife with systemic inequities and the risk of executing innocent individuals. Conversely, Trump and his supporters frame the commutations as a betrayal of justice for victims and their families.
With Trump's intention to restore federal executions, the U.S. is poised for another intense chapter in the contentious discourse on capital punishment—one with potentially far-reaching ramifications for the justice system. Regardless of the practical and constitutional challenges, Trump’s promises are likely to spark intense legal scrutiny and public debate once he assumes the presidency.
