The Justice Department will adopt firing squads as a permitted method of execution as the Trump administration moves to ramp up and expedite capital punishment cases, officials said Friday.
The Justice Department is also reauthorizing the use of single-drug lethal injections with pentobarbital that were used to carry out 13 executions during the first Trump administration — more than under any president in modern history. The Biden administration had removed pentobarbital from the federal protocol over concerns about the potential for unnecessary pain and suffering.
The moves were announced as part of a broader push to step up federal executions after a moratorium under the Biden administration. Only three defendants remain on federal death row after Democratic President Joe Biden converted 37 of their sentences to life in prison, though the Trump administration has so far authorized seeking death sentences against 44 defendants.
“The prior administration failed in its duty to protect the American people by refusing to pursue and carry out the ultimate punishment against the most dangerous criminals, including terrorists, child murderers, and cop killers,” Acting Attorney General Todd Blanche said in a statement. “Under President Trump’s leadership, the Department of Justice is once again enforcing the law and standing with victims.”
The federal government has not previously included firing squad as a method of execution in its protocols, according to the Death Penalty Information Center. Five states currently allow executions by firing squad: Idaho, Mississippi, Oklahoma, South Carolina, and Utah.
The pentobarbital protocol was adopted by Bill Barr, attorney general during Trump’s first term, to replace a three-drug mix used in the 2000s, the last time federal executions were carried out before Trump’s first term in office.
Attorney General Merrick Garland in the final days of the Biden administration withdrew the pentobarbital lethal injection policy after a government review of scientific and medical research found there remains “significant uncertainty” about whether its use causes unnecessary pain and suffering.
In 2020, under Barr’s leadership, the Justice Department published a rule in the Federal Register to allow the federal government to conduct executions by lethal injection or use “any other manner prescribed by the law of the state in which the sentence was imposed.”
A number of states allow other methods of execution, including electrocution, inhaling nitrogen gas or death by firing squad.
The Trump administration, in a report released Friday, said the Biden administration “got the standard and the science wrong.” The Biden administration’s findings, among other things, “failed to address the overwhelming evidence” that an injected with pentobarbital quickly “quickly loses consciousness—rendering him unable to experience pain,” the report said.
Currently on death row are are Dylann Roof, who carried out the 2015 racist slayings of nine Black members of Mother Emanuel AME Church in Charleston, South Carolina; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of Life synagogue in 2018, the deadliest antisemitic attack in U.S history.
