Trump pledges to reinstate executions following Biden's commutations of most federal death row sentences.

President-elect Donald Trump speaks at AmericaFest, Sunday, Dec. 22, 2024, in Phoenix.

Trump Promises to Reinstate Executions Following Biden's Death Row Commutations

FORT LAUDERDALE, Fla. (AP) — President-elect Donald Trump vowed Tuesday to “vigorously pursue” the death penalty after President Joe Biden commuted the sentences of most federal death row inmates, a move Biden said aligned with his administration’s moratorium on executions.

Biden’s decision, announced Monday, reduced the sentences of 37 of 40 federal death row inmates to life in prison without parole. The president argued that the move was consistent with the moratorium, except in cases of terrorism or hate-motivated mass killings. Trump, however, harshly criticized the decision, calling it “senseless” and an insult to victims' families.

“Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country,” Trump wrote on his social media platform. “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 do not influence the sentences federal prosecutors seek, but Trump has often sought greater control over Justice Department operations. He stated he would instruct the department to prioritize the death penalty upon taking office, though he did not outline specific steps. Trump specified that the policy would target “violent rapists, murderers, and monsters.”

Trump highlighted the cases of two men who had been on federal death row but saw their sentences commuted under Biden. One, former Marine Jorge Avila Torrez, was sentenced for murdering a sailor in Virginia and admitted to killing two young girls in Illinois. The other, Thomas Steven Sanders, was convicted of kidnapping and murdering a 12-year-old girl in Louisiana after killing her mother in Arizona.

Political Rhetoric or a Plan in Motion?
Trump’s campaign frequently emphasized expanding the federal death penalty for offenses like killing police officers, drug and human trafficking, and violent crimes by undocumented immigrants.

“Trump has been consistent in advocating for the death penalty, but whether this can practically happen is a heavy lift,” said Douglas Berman, a sentencing law expert at Ohio State University. Berman noted Trump’s statements currently seem more rhetorical, aimed at contrasting his policies with Biden’s decisions.

Polling shows public support for the death penalty has declined in recent decades. Gallup found about half of Americans support capital punishment, compared to nearly 70% in 2007.

Federal vs. State Sentences
Before Biden’s commutations, there were 40 federal death row inmates, far fewer than the more than 2,000 sentenced to death by state courts. Berman raised questions about whether Trump might attempt to intervene in state cases involving serious crimes, particularly in states that have abolished the death penalty.

Death Penalty for Rape?
Trump’s comments also sparked speculation about a potential push to revisit Supreme Court precedent prohibiting the death penalty for rape. Berman noted such a move would take years to unfold, requiring significant legal challenges and changes.

Victims' Families and Advocacy Groups React
Some victims’ families expressed anger over Biden’s commutations, while advocacy groups like the ACLU and U.S. Conference of Catholic Bishops praised the decision. They argued it aligns with Biden’s pledge to reduce federal use of capital punishment.

Biden left the death sentences intact for three inmates: Charleston church shooter Dylann Roof, Boston Marathon bomber Dzhokhar Tsarnaev, and Tree of Life synagogue shooter Robert Bowers. These cases involved terrorism or hate-motivated mass killings, which Biden’s administration has distinguished from other federal cases.

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