Attorney General Garland -moratorium on federal executions -pending further review by the DOJ
Can we stop with the unAmerican & unpatriotic attacks on AG Garland DOJ & FBI I guess we could start dropping the receipts. Speaking of have you filed your personal income taxes? 2015 et seq LOLs
Not one but two reviews order by Attorney General Garland… July 1, 2021 —Attorney General Merrick B. Garland Imposes a Moratorium on Federal Executions; Orders Review of Policies and Procedures
“The Department of Justice must ensure that everyone in the federal criminal justice system is not only afforded the rights guaranteed by the Constitution and laws of the United States, but is also treated fairly and humanely… That obligation has special force in capital cases.” Attorney General Garland said in a prepared statement
After a preliminary review - remember that Attorney General Garland has only been at the helm for one hundred and thirteen days—he concluded in the last two years of the Trump Administration -the DOJ made a series of changes that directly impacted numerous capital case policies and procedures. I can almost guarantee you that Trump/Barr likely deviated from the APA. Which could result in the judicial review - but this is assuming that the Trump/Barr DOJ took a short cut and broke the Law. And a further assumption, there are advocacy groups that could successfully open the door for A judicial review.
Additionally the DOJ carried out the first federal execution in nearly twenty years - insidious. I also seem to recall Trump tweeting out about the execution. It was almost like he enjoyed executing a prisoner -which started in July 2020. Then the DOJ/BOP quickly accelerated executions.
One of the more problematic changes that (then) Attorney General Barr made was the adoption of a new protocol for administering lethal injections at the federal Bureau of Prisons. The BOP used pentobarbital.
“Congress has expressly authorized the death penalty through legislation adopted by the people’s representatives in both houses of Congress and signed by the President The Justice Department upholds the rule of law—and we owe it to the victims and their families to carry forward the sentence imposed by our justice system.” disgraced Bill Barr July 29, 2019
Attorney General Garland’s memorandum directs the Deputy Attorney General to lead a multi-pronged review of these recent policy changes… Notwithstanding the July 1, 2021 Memorandum seeks fully examine pentobarbital and potential cruel and unusual “painful” execution by administering
Executioners sanitized accounts of deaths in federal cases - written by Michael Tarm and published by the Associated Press on February 17, 2021
Special Report: How the Trump administration secured a secret supply of execution drugs - written by Jonathan Allen and Published by Reuters on July 19, 2020
Inside Trump and Barr’s Last-Minute Killing Spree -written by. Isaac Arnsdorf and Published by ProPublica on December 23, 2020
Why the Justice Department’s Plan to Use a Single Drug for Lethal Injections Is Controversial,” written by Josiah Bates and published by Time Magazine on July 29, 2019
Review # 1 July 2019 Review of the Federal Execution Protocol Addendum
During this review process Attorney General Garland stated in sum and substance that during the pendency of these reviews there will be no federal executions…. July 2019, the then Attorney General directed the Bureau of Prisons to adopt an Addendum to the Federal Execution Protocol that provided for the use of a single drug, pentobarbital sodium…
…A risk need not meet the Court's high threshold for such relief, or violate the Eighth Amendment, to raise important questions about our responsibility to treat individuals humanely and avoid unnecessary pain and suffering. To ensure that these considerations have been fully taken into account, I am directing the Bureau of Prisons to suspend the use of the Addendum pending a further review
Review # 2 Manner of Execution Regulations Nov 2020
Federal Death Penalty Act, 18 U.S.C. § 3596. 85 Fed. Reg. 75,846, 75,847 (Nov. 27, 2020) - "to provide the Federal Government with greater flexibility to conduct executions in any manner authorized by" execution death by firing squad —it is detailed in the embedded Federal Register -printed on November 27, 2020. Notwithstanding the Final Rule went effective on December 28, 2020. Here’s a small sampling of why some of us lost our minds on Twitter
expanded the permissible methods of execution beyond lethal injection to "any other manner prescribed by the law of the State in which the sentence was imposed.”
also authorized the use of state facilities and personnel in federal executions
a number of procedural changes, including granting the Attorney General authority to make exceptions to the regulations and to delegate duties within the Department.“
I have concluded that these matters warrant further consideration. I am therefore asking the Office of Legal Policy, under the supervision ofthe Deputy Attorney General, to coordinate a review of the November 2020 amendments to consider whether and to what extent those amendments should be modified or rescinded, and to consider any other changes that should be made to the regulations…
execution by firing squad and the archived Twitter threads in the following chronological order November 25, 2020 - archived Twitter Thread, found here and 2020
November 27, 2020 Follow up Twitter (archived) Thread found here
—which you can find here, here and here and here —with the last execution occurring a few days Trump January 2021. So the bottom line is- Attorney General Garland has now directed his #2 to work with all the stakeholders and closely examine the potential for suffering if the execution strictly relies upon a lethal dose of pentobarbital and the second matter is Trump/Barr bringing back execution via a firing squad. If the Attorney General concludes all three material changes warrant a repeal —so be it - may the chips fall where they fall..
-Filey
I’m glad AG Garland is taking this step. I’m not an advocate of death penalty as a life sentence seems like a pretty heavy price to pay. There’s also cases where DNA evidence comes into exonerating people up for death penalty where it wasn’t available at time of incarceration. Lastly, there’s the human element. Incarceration & loss of freedom is harsh enough. Garland specified “fairly and humanely” and that also brings to mind a system that does not treat people of color and minorities the same as white people.
My family was victimized by gun violence. My father a doctor seeing his patients, was gunned down in the doctor’s parking lot (in a gang initiation shooting) and later died from those injuries. I have had years to think about proper punishment and in my own mind, cannot imagine how taking the life of the shooter, solves anything. It doesn’t bring back the victim nor give any peace of mind. This perpetrator did not serve a long sentence either. Lastly, lethal injection in certain cases, created a long, drawn-out death with suffering & struggle. If we are to differentiate our country as a moral leader that decries inhuman treatment of others, why should we execute people in inhumane manners? It seems wrong on so many levels. I have taken so much grief over the years for these thoughts but I’ve walked in the shoes of those before me who’ve lost loved ones to violent crime & nothing appeases that pain….certainly for me, the idea of taking another life, is wrong & does not bring back a loved one.
So glad this is happening. That there was not more outrage over the return of the death by firing squad was one of those moments where you knew his cult was all in, as long as it wasn't them.