Trump Administration Accelerates Federal Death Penalty Prosecutions

Since President Donald Trump returned in January 2025, the Justice Department has filed notices of intent to seek the death penalty against at least 42 defendants in 34 federal cases—more than the 38 authorizations in his first term. The surge follows President Joe Biden’s December 2024 commutation of 37 federal death sentences. Trump’s January 5 2025 executive order directs the DOJ to pursue the death penalty for all crimes deemed severe, reinforced by Attorney General Pam Bondi’s February 2025 memo urging prosecutors to seek death “wherever possible,” especially in law-enforcement killings and illegal-alien offenses. Todd Blanche continues the push. Over 70 % of defendants are people of color, chiefly Black. About one-third of the authorizations have been withdrawn or struck down; two cases ended in guilty pleas and three remain pending capital trials.

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The administration says the policy targets serious crimes, citing the executive order’s call to “pursue the death penalty for all crimes of a severity demanding its use.” Bondi’s memo adds that, absent mitigating circumstances, prosecutors should seek death in law-enforcement murders and illegal-alien offenses. Blanche’s report frames the push as correcting the prior administration’s leniency.

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Robin Maher of the Death Penalty Information Center notes a “very, very decisive turn away” from capital punishment. Critics label Blanche’s report a partisan “campaign website” rather than a legal analysis. A federal prosecutor’s filing shows prosecutors are nearly six times more likely to seek death for Black defendants than for non-Black defendants.

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The DOJ lists 42 defendants in 34 cases, yet later data show 27 defendants currently facing capital trials and only three cases where prosecutors still seek death after prior “no-seek” reviews. The gap reflects ongoing withdrawals, judicial dismissals, and pending motions.

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• “The American public has made a very, very decisive turn away from the death penalty during the last 20 years,” — Robin Maher, Executive Director, Death Penalty Information Center

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• “pursue the death penalty for all crimes of a severity demanding its use.” — President Donald Trump, Executive Order, Jan 2025

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• “Absent significant mitigating circumstances, federal prosecutors are expected to seek the death penalty in cases involving the murder of a law-enforcement officer and capital crimes committed by aliens who are illegally present in the United States,” — Attorney General Pam Bondi, Feb 2025 Memo

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• “nearly six times more likely to request authorization to seek the death penalty against a Black defendant than a non-Black defendant.” — Federal prosecutor’s filing, cited in article

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Acting Attorney General Blanche says the policy will continue, implying further capital authorizations. Ongoing judicial scrutiny, public opposition, and congressional debate over federal death-penalty reforms are likely to shape the administration’s next steps.

The Intercept