Opponents of the death penalty are expressing concerns over the potential resumption of federal executions under the incoming Trump administration. Advocates are urging President Joe Biden to commute all remaining federal death sentences to prevent executions from taking place when Trump takes office.
During his 2024 campaign, Trump hinted at restarting federal executions and expanding the scope of crimes eligible for capital punishment. This includes imposing the death penalty on human traffickers, drug dealers, migrants who kill American citizens, and individuals who kill law enforcement officers.
While Trump distanced himself from Project 2025, his allies are pushing for the broadening of the federal death penalty to include those convicted of sexually abusing children, a move deemed unconstitutional by the US Supreme Court.
Abolitionist groups and defense attorneys fear that Trump's return to office will lead to more federal executions, citing the 13 executions carried out in the months before Trump left office in early 2021.
Advocates are calling on Biden to fulfill his campaign promise of pursuing legislation to abolish the federal death penalty by commuting the death sentences of individuals on federal death row to life without parole.
The federal government and the US military, along with 27 states, retain the death penalty. However, federal executions were rare before Trump's tenure, with only three recorded since 1988.
Trump's administration resumed federal executions in 2019, with then-Attorney General William Barr citing the need for justice for victims. The decision to seek a capital sentence lies with US attorneys in consultation with the Department of Justice and the attorney general.
Critics of the death penalty argue that it is flawed, citing its arbitrary application, disproportionate impact on people of color, and the risk of executing innocent individuals.
Advocates continue to appeal to Biden to commute federal death sentences to prevent further executions under the incoming Trump administration. They emphasize the need to address longstanding concerns about the federal death penalty and to uphold Biden's commitment to criminal justice reform.
