President-elect Donald Trump vowed on Tuesday to “vigorously pursue” capital punishment, directly responding to President Joe Biden’s commutation of the sentences of most federal death row inmates. Trump criticized Biden’s decision, which changed the sentences of 37 out of 40 condemned individuals to life imprisonment without parole, calling it “senseless” and an insult to victims’ families. Biden justified his action as consistent with his moratorium on federal executions, except in cases of terrorism and hate-motivated mass murder. Trump, on his social media platform, expressed outrage at the commutations, highlighting the severity of the crimes committed by those whose sentences were altered.
Historically, presidents have not dictated sentencing in federal criminal cases. However, Trump, known for his desire for greater control over the Justice Department, stated he would direct the department to pursue the death penalty “as soon as I am inaugurated.” He intends to focus on cases involving “violent rapists, murderers, and monsters,” though he remained vague on specifics. During his campaign, he advocated expanding the federal death penalty to include those who kill police officers, those convicted of drug and human trafficking, and migrants who kill U.S. citizens.
Douglas Berman, a sentencing expert at Ohio State University’s law school, noted Trump’s consistent advocacy for the death penalty, but questioned the practicality of his pronouncements. Berman suggested Trump’s statement was primarily a reaction to Biden’s actions, characterizing it as largely rhetorical. While public support for the death penalty has historically been high, it has declined in recent decades, with roughly half of Americans favoring it in a recent poll.
The vast majority of death penalty cases are handled at the state level, leaving questions about the extent of Trump’s influence. Potential actions could include attempting to take over state murder cases, particularly those involving drug trafficking or smuggling, or cases from states that have abolished the death penalty. Berman also speculated that Trump’s stance, coupled with recent state actions, might be an attempt to prompt Supreme Court reconsideration of precedents regarding the death penalty for rape. However, such legal challenges would be lengthy and complex.
Trump’s earlier promise to seek the death penalty for child rapists and child traffickers, announced in prepared remarks before a rally, was never actually delivered. He highlighted the cases of Jorge Avila Torrez, who murdered a sailor and two young girls, and Thomas Steven Sanders, who killed a 12-year-old girl and her mother. While some victims’ families expressed anger at Biden’s decision, advocacy groups, including the ACLU and the U.S. Conference of Catholic Bishops, applauded it.
Biden left three inmates facing execution: Dylann Roof (Charleston church shooting), Dzhokhar Tsarnaev (Boston Marathon bombing), and Robert Bowers (Tree of Life Synagogue shooting).
Associated Press writers Jill Colvin, Michelle L. Price and Eric Tucker contributed to this report.