DOJ Death-Penalty Expansion Package (April 2026)
On April 24, 2026, the Justice Department rolled out a coordinated package expanding and accelerating federal capital punishment. The measures — a rule to narrow federal habeas review of state capital convictions, a directive expanding the federal execution protocol to include the firing squad, and a rule barring federal capital inmates from filing clemency petitions until their direct appeals and first collateral attacks conclude — were announced together by DOJ's Office of Public Affairs. Collectively they cut the procedural protections standing between conviction and execution.
Documented in this episode (3)
DOJ announces forthcoming rule to narrow federal habeas review of state capital convictions under Chapter 154
On April 24, 2026, the U.S. Department of Justice announced — in a same-day press release from the Office of Public Affairs paired with the Office of Legal Policy report "Restoring and Strengthening the Federal Death Penalty" — that it planned to publish a proposed rule that would "empower states to streamline federal habeas review of capital cases" under Chapter 154 of Title 28, with DOJ saying the rule "will reduce by years the period between conviction and execution in state capital cases." Federal habeas review of state convictions has been the principal vehicle for federal-court oversight of state capital cases since 1867; an administrative rule that materially narrows that review would curtail a long-standing federal check on state criminal-justice systems without legislative action.
DOJ directs the Federal Bureau of Prisons to expand federal execution protocol to include the firing squad
On April 24, 2026, the U.S. Department of Justice announced — in a same-day press release from the Office of Public Affairs paired with the Office of Legal Policy report "Restoring and Strengthening the Federal Death Penalty" — that it had directed the Federal Bureau of Prisons to expand the federal execution protocol to include the firing squad alongside other methods, and to reinstate the pentobarbital lethal-injection protocol used during the first Trump administration. The DOJ also directed BOP to consider relocating or expanding federal death row or constructing an additional execution facility to accommodate the added methods. Acting Attorney General Todd Blanche announced the action; the underlying report's preparation had been directed by former Attorney General Pamela Bondi.
DOJ announces forthcoming rule barring federal capital inmates from filing clemency petitions until direct appeals and first collateral attack are final
On April 24, 2026, the U.S. Department of Justice announced — in a same-day press release from the Office of Public Affairs paired with the Office of Legal Policy report "Restoring and Strengthening the Federal Death Penalty" — that it planned to publish a proposed rule prohibiting capital inmates from submitting clemency petitions, and the Office of the Pardon Attorney from considering them, until the inmate's direct appeal and first collateral attack are final. The rule, within DOJ's claimed rulemaking authority, would for the first time foreclose for years at a time a clemency remedy that historically has run in parallel with — not after — judicial review.