Key Takeaways
- The U.S. Department of Justice (DOJ) announced it is strengthening the federal death penalty by reinstating the lethal‑injection protocol used under the first Trump administration and adding alternate methods such as firing squads.
- The moratorium on federal executions imposed by Attorney General Merrick Garland in 2021 has been rescinded; DOJ has authorized seeking death sentences against 44 defendants, with nine already approved.
- The department is streamlining internal processes to speed death‑penalty cases and plans to consider rules that limit federal habeas review and prohibit clemency petitions for capital inmates.
- While executions nationally rose to a 16‑year high in 2023, public support for the death penalty has fallen sharply—from 80% in 1994 to 52% in 2025 according to Gallup.
- Critics, including human‑rights groups, warn that the expansion of execution methods reflects a determination to carry out capital punishment “at all costs,” raising ethical and legal concerns.
DOJ Announces Renewed Commitment to Federal Executions
On Friday, the United States Department of Justice released a statement declaring its intention to “strengthen the federal death penalty.” The announcement outlined concrete steps designed to restore the department’s ability to seek, obtain, and carry out lawful capital sentences once inmates have exhausted their appellate remedies. The DOJ framed the move as fulfilling a directive issued by President Donald Trump shortly after he took office in January 2025, which called for the active pursuit of federal death sentences and for ensuring that states maintain adequate supplies of lethal‑injection drugs.
Reinstatement of the Trump‑Era Lethal‑Injection Protocol
Central to the DOJ’s plan is the readoption of the lethal‑injection protocol employed during the first Trump administration. That protocol relies on a single drug—pentobarbital—as the lethal agent. By reinstating this specific procedure, the department aims to eliminate uncertainties that arose during the Biden administration’s review of execution methods and to provide a standardized, legally defensible formula for federal executions.
Expansion of Authorized Execution Methods
In addition to reviving pentobarbital‑based lethal injection, the DOJ announced it would broaden the federal execution toolkit to include “additional manners of execution such as the firing squad.” This expansion mirrors practices already authorized in several states and signals a willingness to employ alternative methods should drug supplies become problematic or legal challenges arise concerning lethal‑injection protocols.
Rescission of the Biden‑Era Moratorium
The statement explicitly noted that the Biden‑era moratorium on federal executions, imposed by then‑Attorney General Merrick Garland in 2021 pending a review of departmental policies, has been rescinded. With the moratorium lifted, the DOJ has authorized prosecutors to seek death sentences against 44 defendants. Acting Attorney General Todd Blanche has already approved pursuit of capital charges in nine of those cases, demonstrating an immediate shift toward active prosecution.
Streamlining Internal Processes
To accelerate the administration of death‑penalty cases, the DOJ said it is “streamlining internal processes to expedite death penalty cases.” Although the release did not detail specific procedural changes, the implication is that the department aims to reduce bureaucratic delays, prioritize capital cases within its litigation docket, and coordinate more efficiently with U.S. Attorneys’ Offices across the country.
Proposed Rules to Limit Federal Habeas Review and Clemency
Looking ahead, the DOJ indicated it would, in the coming weeks, consider a rule that would “empower states to streamline federal habeas review of capital cases.” Such a rule could curtail the ability of death‑row inmates to challenge their convictions or sentences in federal court, a long‑standing avenue for raising claims of constitutional error. Additionally, the department plans to publish a proposed rule that would prohibit capital inmates from submitting clemency petitions, further restricting post‑conviction relief options.
State‑Level Context: Firing Squad Authorization
The DOJ’s move aligns with existing state policies. According to the Associated Press, five states—Idaho, Mississippi, Oklahoma, South Carolina, and Utah—currently permit executions by firing squad under certain circumstances. By adding firing squads to the federal repertoire, the government is harmonizing its capabilities with those already exercised at the state level, potentially reducing legal friction when federal inmates are transferred to state facilities for execution.
National Execution Trends and Public Opinion
Despite the DOJ’s renewed push, broader trends reveal a complex picture. Executions across the United States rose in 2023 to their highest level in 16 years, reflecting increased activity in several states that have resumed capital punishment after periods of hiatus. Conversely, public support for the death penalty has been declining steadily. A Gallup poll released in October 2024 showed that approval for capital punishment among Americans fell from 80% in 1994 to 52% in 2025. The Death Penalty Information Center echoed this sentiment, noting that the punishment is becoming “increasingly unpopular with the American people” even as politicians schedule executions for perceived political gain.
Criticism from Human‑Rights Advocates
Human‑rights organizations have condemned the DOJ’s announcement as evidence of a relentless drive to execute regardless of method or moral considerations. Matt Wells, deputy director of the group Reprieve, characterized the move as illustrating “the federal government’s determination to execute, at all costs.” Wells warned that the endorsement of firing squads and other alternative methods “opens the door to a whole range of appalling methods,” suggesting that the administration prioritizes the act of execution over humane or legally scrutinized practices.
Conclusion: A Polarizing Shift in Federal Capital Punishment Policy
The Department of Justice’s recent actions mark a decisive reversal of the federal government’s recent reluctance to carry out death sentences. By reinstating a specific lethal‑injection protocol, expanding permissible execution methods, lifting the Biden‑era moratorium, and seeking death scores against dozens of defendants, the DOJ is positioning itself to resume federal executions with renewed vigor. At the same time, the move occurs amid declining public approval and increasing criticism from civil‑rights groups, setting the stage for ongoing legal, ethical, and political debates over the future of capital punishment in the United States.