President-elect Donald Trump has vowed to “vigorously pursue” the federal death penalty once he takes office, criticizing outgoing President Joe Biden’s decision to commute the sentences of 37 out of 40 federal death row inmates.
Trump supporters and victims’ families have expressed outrage at Biden’s move, viewing it as an affront to justice and a threat to public safety.
On December 23, President Biden commuted the sentences of 37 convicted murderers on federal death row to life imprisonment without parole. He left in place the death sentences for three inmates convicted of terrorism and hate-motivated mass killings—including Boston Marathon bomber Dzhokhar Tsarnaev, Charleston church shooter Dylann Roof, and Pittsburgh synagogue gunman Robert Bowers.
In a public statement explaining his decision, Biden reaffirmed his longstanding opposition to the death penalty and declared the commutations consistent with his administration’s moratorium on federal executions. He emphasized that the inmates’ life sentences would keep them off the streets permanently:
“Make no mistake: I condemn these murderers, grieve for the victims of their despicable acts, and ache for all the families who have suffered unimaginable and irreparable loss. But … I am more convinced than ever that we must stop the use of the death penalty at the federal level.”
Biden’s decision drew the praise of organizations like the American Civil Liberties Union (ACLU), which pointed out that many civil rights groups have long pushed for an end to the federal death penalty. According to the ACLU, “President Biden has reaffirmed the power of redemption over retribution” by halting a practice that some view as racially biased, error-prone, and costly.
Within a day of Biden’s announcement, Trump took to his social media platform, Truth Social, to denounce the commutations, calling them “senseless” and an insult to the families of victims.
In a subsequent post, the president-elect announced plans to instruct the Department of Justice to expand the use of the death penalty as soon as he enters the White House:
“As soon as I am inaugurated, I will direct the Justice Department to vigorously pursue the death penalty to protect American families and children from violent rapists, murderers, and monsters. We will be a Nation of Law and Order again!”
Trump also signaled he would seek legal reforms that could allow the death penalty for certain crimes, including rape—a major shift that would run into Supreme Court decisions (Coker v. Georgia in 1977, Kennedy v. Louisiana in 2008) barring capital punishment in cases where victims survive. Whether or not these reforms are feasible under current legal precedent remains uncertain.
During Trump’s first term, his administration resumed federal executions in 2020 after a 17-year hiatus, ultimately carrying out 13 federal death sentences—the most under a single president since the 1950s. This was widely viewed as a reflection of Trump’s long-standing pledge to take a tough stance on crime.
Throughout his 2024 campaign, Trump has reiterated that promise, suggesting he would broaden the range of offenses eligible for the death penalty to include child rapists, drug kingpins, and human traffickers. Legal experts note, however, that moving aggressively to expand federal capital punishment could face significant challenges in the courts.
Historically, sitting presidents have allowed the Department of Justice a degree of independence in how it seeks punishments, making Trump’s intent to direct capital sentencing outcomes highly unusual.
Many of Trump’s supporters applaud his tough-on-crime stance and see Biden’s commutations as a softening of justice. As the new administration prepares to take office, the debate over capital punishment—its moral implications, financial cost, and effectiveness—appears set to intensify, with Trump determined to reassert the death penalty’s place in the federal system.