The Justice Department announced a series of changes aimed at reinstating and expanding the federal death penalty, including the reauthorization of firing squads as a method of execution. The move is part of a broader policy shift under the Trump administration to restore capital punishment practices within the federal prison system after previous restrictions and moratoriums.
The announcement follows an executive order signed at the outset of President Trump’s return to office, directing federal agencies to revive the use of capital punishment. During Trump’s first term, 13 federal executions were carried out, marking a significant resumption of the death penalty at the federal level after a lengthy pause.
In 2021, then-Attorney General Merrick Garland halted federal executions and prohibited the use of a lethal injection protocol involving pentobarbital. Shortly before leaving office, President Joseph R. Biden Jr. commuted the sentences of 37 of the 40 inmates on federal death row, effectively reducing the number of individuals eligible for execution.
In a report released alongside the new policy changes, Acting Attorney General Todd Blanche criticized those earlier decisions, stating they “inflicted untold damage on victims of crime, and, ultimately, to the rule of law itself.” The report outlines the department’s position that multiple execution methods should be available to ensure the enforcement of lawful death sentences.
The Justice Department said the Bureau of Prisons should expand its execution protocols to include methods already deemed constitutional. Among those specifically cited is the firing squad, which the report notes has longstanding legal precedent. The Supreme Court ruled in 1878 that execution by firing squad does not violate the Eighth Amendment’s prohibition on cruel and unusual punishment, a position the department emphasized remains intact.
According to the report, execution by firing squad has a long history in the United States, dating back to 1608. More recently, some states have reintroduced the method amid ongoing legal challenges and logistical issues surrounding lethal injection drugs. The department also pointed to arguments raised in court filings that suggest a “competently performed shooting may cause nearly instant death” and may involve fewer complications compared to other methods.
The report further noted that five states currently authorize firing squads as a method of execution, with Idaho adopting it as a primary method in 2025. Protocols vary by state but generally involve trained personnel discharging firearms at a target placed over the inmate’s heart.
The Justice Department framed the inclusion of firing squads as part of a broader effort to ensure executions can proceed even when certain methods face legal or logistical barriers. Officials cited supply chain disruptions and legal challenges tied to lethal injection drugs as key reasons for expanding available methods.
In addition to authorizing firing squads, the department indicated it would consider other methods such as electrocution and lethal gas, both of which have also been upheld as constitutional by the Supreme Court. The report emphasized that no method of execution has been ruled unconstitutional by the Court when properly challenged.
The policy changes also include efforts to streamline the legal process surrounding capital punishment. The administration said it is working on regulations intended to reduce the length of appeals in death penalty cases and to impose new limits on when inmates can seek clemency or pardons.
These developments signal a significant shift in federal death penalty policy, with the Justice Department moving to expand the tools available for carrying out executions while also seeking to accelerate the broader legal framework governing capital punishment.