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DOJ Expands Federal Execution Methods After Rescinding Biden Moratorium

4/25/2026, 12:06:05 AM

Core Action: Broadening Federal Execution Protocols

On April 24 2026 the U.S. Department of Justice (DOJ) issued a memorandum directing the Federal Bureau of Prisons to add firing squads, electrocution and gas asphyxiation to the list of lawful execution methods. The agency also reinstated the pentobarbital-based lethal injection protocol used during the first Trump administration and ordered “streamlining internal processes to expedite death-penalty cases.” Acting Attorney General Todd Blanche authorized the pursuit of death sentences against nine federal inmates after the DOJ rescinded the Biden-era moratorium on federal executions.

Background: Trump’s Earlier Resumption and Biden’s Moratorium

President Donald Trump resumed federal executions in his first term (2017-2021), carrying out 13 lethal-injection deaths after a 20-year pause. President Joe Biden later imposed an indefinite moratorium and commuted the sentences of 37 inmates, leaving three men on federal death row. The April 2026 policy shift fulfills a promise made by Trump to “resume capital punishment” in a second term and reverses the Biden administration’s restrictions.

Key Figures and Agencies

  • Todd Blanche, Acting Attorney General – author of the April 24 memorandum and public spokesperson for the policy.
  • Department of Justice – issuing the directive and overseeing the Bureau of Prisons.
  • Federal Bureau of Prisons – tasked with implementing the expanded execution methods and reviewing facility needs.
  • Federal death-row inmates – 44 defendants currently authorized for capital pursuit; nine are now the focus of new sentencing efforts, including three alleged MS-13 members accused of murdering a federal witness.

Data & Statistics

  • 13 federal executions under Trump’s first term (lethal injection).
  • 37 commutations by Biden, leaving three inmates on federal death row.
  • 44 defendants authorized for death-sentence pursuit; nine targeted for new sentencing.
  • Five states currently permit firing-squad executions; a South Carolina inmate became the fourth person executed by firing squad since the 1970s in March 2026.
  • The DOJ is evaluating relocation or expansion of federal death row and the construction of an additional execution facility to accommodate multiple methods.

Official Statements & Responses

The DOJ’s statement emphasized that “readopting the lethal injection protocol utilized during the first Trump Administration, expanding the protocol to include additional manners of execution such as the firing squad, and streamlining internal processes to expedite death-penalty cases” are intended to “ensure the Department is prepared to carry out lawful executions even if a specific drug is unavailable.” Blanche added that the actions are “critical to deterring the most barbaric crimes, delivering justice for victims, and providing long-overdue closure to surviving loved ones.”

Criticism & Opposition

Legal analysts and civil-rights advocates note that the policy marks a “sharp reversal from the Biden administration’s approach, which imposed an indefinite halt on federal executions and limited use of the death penalty.” Critics argue the expansion undermines recent efforts to curb capital punishment and raises ethical concerns about reinstating historically controversial methods such as electrocution and gas asphyxiation.

Conflicting Reports & Gaps

Sources differ on the exact roster of newly authorized methods. Reuters and the Facta report list firing squads, electrocution and gas asphyxiation, while Fox News, NBC and several other outlets mention only firing squads and pentobarbital-based lethal injection. No source provides details on the timeline for constructing additional facilities or the specific criteria for selecting which method will be used in a given case.

Verbatim Quotes

  • “Under President Trump’s leadership, the Department of Justice is once again enforcing the law and standing with victims.” — Todd Blanche, Acting Attorney General
  • “Today, the Department of Justice acted to restore its solemn duty to seek, obtain, and implement lawful capital sentences — clearing the way for the Department to carry out executions once death-sentenced inmates have exhausted their appeals,” — DOJ memorandum
  • “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,” — Todd Blanche, Acting Attorney General
  • “Among the actions taken are readopting the lethal injection protocol utilized during the first Trump Administration, expanding the protocol to include additional manners of execution such as the firing squad, and streamlining internal processes to expedite death penalty cases,” — DOJ statement

What’s Next

The DOJ plans to propose a rule barring clemency petitions until direct appeals and the first collateral challenge are completed, and to revise the Justice Manual to reflect the “historic approach” to capital prosecutions. Implementation of the new methods will depend on the availability of execution drugs, state-level legal challenges, and the outcome of pending appeals by the nine targeted inmates.