RESTORING THE DEATH PENALTY AND PROTECTING PUBLIC SAFETY

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1. Purpose. Capital punishment is an essential tool for deterring and punishing (studies show no credible evidence that the death penalty deters crime more than any other form of punishment) those who would commit the most heinous crimes and acts of lethal violence (often suffer from mental illness and lack the cost/benefit analysis on crime vs death penalty) against American citizens. Before, during, and after the founding of the United States, our cities, States, and country have continuously relied upon capital punishment as the ultimate deterrent and only proper punishment for the vilest crimes. Our Founders knew well that only capital punishment can bring justice and restore order in response to such evil. For this and other reasons, capital punishment continues to enjoy (really enjoy? the word 'have' could have been used in invoke less positive 'emotion') broad popular support. From deathpenalty.org : NEW POLL : OVERALL SUPPORT OF DEATH PENALTY REMAINS AT FIVE DECADE LOW AS OPPOSITION TO THE DEATH PENALTY GROWS AMONG YOUNGER GENERATIONS. In 2024 Gallop Polls show a low 47% think the death penalty is fairly applied and slim 53% majority continues to favor.

Yet for too long, politicians and judges who oppose capital punishment have defied and subverted the laws of our country. In 1972 the Supreme Court ruled the Death Penalty UNCONSTITUSIONAL. At every turn, they seek to thwart the execution of lawfully imposed capital sentences and choose to enforce their personal beliefs rather than the law. When President Biden took office in 2021, he allowed his Department of Justice to issue a moratorium on Federal executions, in defiance of his duty to faithfully execute the laws of the United States that provide for capital punishment. "President Biden has dedicated his career to reducing violent crime and ensuring a fair and effective justice system," reads the White House's statement. "He believes that America must stop the use of the death penalty at the federal level, except in cases of terrorism and hate-motivated mass murder – which is why today’s actions apply to all but those cases." And on December 23, 2024, President Biden commuted the sentences of 37 of the 40 most vile and sadistic rapists (The Supreme Court has ruled rape is not a capital crime and is not punishable by the death penalty), child molesters, and murderers on Federal death row: remorseless criminals (most everyone on this list has expressed great remorse) who brutalized young children (tragically two children were killed out of fear of what they saw and two children were killed while joining their parents on a drug run), strangled and drowned their victims, and hunted strangers for sport. He commuted their sentences even though the laws of our Nation have always protected victims by applying capital punishment to barbaric acts like theirs. Judges who oppose capital punishment have likewise disregarded the law by falsely claiming that capital punishment is unconstitutional, even though the Constitution explicitly acknowledges the legality of capital punishment. The Eighth Amendment of the U.S Constitution states, " Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted."

1.Shannon Wayne Agofsky (Texas): Sentenced in 2004 in the killing of a prisoner.
2. Billie Jerome Allen (Missouri): Sentenced in 1998 for his involvement in an armed bank robbery during which a bank guard was killed. He is a co-defendant of Norris Holder.
3. Aquilia Marcivicci Barnette (North Carolina): Sentenced in 1998 for the killing of his ex-girlfriend and another man in a carjacking.
4. Brandon Leon Basham (South Carolina): Sentenced in 2004 for the kidnapping and death of a woman following an escape from prison. He is a co-defendant of Chadrick Fulks.
5. Anthony George Battle (Georgia): Sentenced in 1997 for the killing of a prison guard.
6. Meier Jason Brown (Georgia): Sentenced in 2003 for the fatal stabbing of a postal worker.
7. Carlos David Caro (Virginia): Sentenced in 2007 for the killing of a prisoner in a federal facility.
8. Wesley Paul Coonce, Jr. (Missouri): Sentenced in 2014 for the killing of a fellow prisoner in the mental health unit of a federal prison. He is a co-defendant of Charles Hall.
9. Brandon Michael Council (South Carolina): Sentenced in 2019 for killing two bank employees during the course of a bank robbery. 10. Christopher Emery Cramer (Texas): Sentenced in 2018 for the killing of a fellow prisoner in a federal facility. He is a co-defendant of Ricky Fackrell.
11. Len Davis (Louisiana): Police officer sentenced in 2005 for ordering the killing of a witness for an internal investigation into a police misconduct complaint against him.
12. Joseph Ebron (Texas): Sentenced in 2009 for the killing of a prisoner in a federal facility.
13. Ricky Allen Fackrell (Texas): Sentenced in 2018 for the killing of a prisoner in a federal facility. He is a co-defendant of Christopher Cramer.
14. Edward Leon Fields, Jr. (Oklahoma): Sentenced in 2005 for the fatal shootings of two campers on federal land.
15. Chadrick Evan Fulks (South Carolina): Sentenced in 2004 for the kidnapping and death of a woman after an escape from prison. He is a co-defendant of Brandon Basham.
16. Marvin Charles Gabrion, II (Michigan): Sentenced in 2002 for killing a woman on federal land.
17. Edgar Baltazar Garcia (Texas): Sentenced in 2010 for the fatal stabbing of a prisoner in a federal facility. He is a co-defendant of Mark Snarr.
18. Thomas Morocco Hager (Virginia): Sentenced in 2007 for a drug-related killing.
19. Charles Michael Hall (Missouri): Sentenced in 2014 for the killing of a prisoner in the mental health unit of a federal prison. He is a co-defendant of Wesley Coonce.
20. Norris G. Holder (Missouri): Sentenced in 1998 for the fatal shooting of a security guard during a bank robbery. He is a co-defendant of Billie Allen.
21. Richard Allen Jackson (North Carolina): Sentenced in 2001 for the fatal shooting of a woman while on federal property.
22. Jurijus Kadamovas (California): Sentenced in 2007 for his involvement in the killings and kidnappings-for-ransom of five immigrants from Russia and Georgia. He is a co-defendant of Iouri Mikhel.
23. Daryl Lawrence (Ohio): Sentenced in 2006 for the fatal shooting of a special-duty police officer in an attempted bank robbery.
24. Iouri Mikhel (California): Sentenced in 2007 for his involvement in the killings and kidnappings-for-ransom of five Russian and Georgian immigrants. He is a co-defendant of Jurijus Kadamovas.
25. Ronaldo Mikos (Illinois): Sentenced in 2005 for the killing of a federal grand jury witness in a Medicare fraud investigation.
26. James H. Roane, Jr. (Virginia): Sentenced in 1993 for his participation in a series of drug-related killings. He is a co-defendant of Corey Johnson and Richard Tipton.
27. Julius Omar Robinson (Texas): Sentenced in 2002 for the killing of two men in drug-related incidents.
28. David Anthony Runyon (Virginia): Sentenced in 2009 for his involvement in the death of a Naval officer in a murder-for-hire plot.
29. Ricardo Sanchez, Jr. (Florida): Sentenced in 2009 for his involvement in the drug-related killing of a family, including two children whom the parents had taken with them on a drug run. He is a co-defendant of Daniel Troya.
30. Thomas Steven Sanders (Louisiana): Sentenced in 2014 for a kidnapping resulting in death of a 12-year-old girl.
31. Kaboni Savage (Pennsylvania): Sentenced in 2013 for his involvement in the killings of 12 people in connection with a drug enterprise.
32. Mark Isaac Snarr (Texas): Sentenced in 2010 for the fatal stabbing of a fellow prisoner while incarcerated in a federal prison. He is a co-defendant of Edgar Garcia.
33. Rejon Taylor (Tennessee): Sentenced in 2008 for the carjacking, kidnapping and death of a restaurant owner.
34. Richard Tipton (Virginia): Sentenced in 1993 for his participation in a series of drug-related killings. He is a co-defendant of Corey Johnson and James H. Roane, Jr.
35. Jorge Avila Torrez (Virginia): Ex-Marine sentenced in 2014 for the killing of a fellow service member.
36. Daniel Troya (Florida): Sentenced in 2009 for his involvement in the drug-related killing of a family, including two children whom the parents had taken with them on a drug run. He is a co-defendant of Ricardo Sanchez, Jr.
37. Alejandro Enrique Ramirez Uman~a (North Carolina): Sentenced in 2010 for the fatal shooting of two brothers in a North Carolina restaurant.

These efforts to subvert and undermine capital punishment defy the laws of our nation, make a mockery of justice, and insult the victims of these horrible crimes. The Government’s most solemn responsibility is to protect its citizens from abhorrent acts (the majority of the people on this list were abused as children, lived in poverty and suffered from mental health problems) and my Administration will not tolerate efforts to stymie and eviscerate the laws that authorize capital punishment against those who commit horrible acts of violence against American citizens.

Sec. 2. Policy. It is the policy of the United States to ensure that the laws that authorize capital punishment are respected and faithfully implemented, and to counteract the politicians and judges who subvert the law by obstructing and preventing the execution of capital sentences.

Sec. 3. Federal Capital Punishment. (a) The Attorney General shall pursue the death penalty for all crimes of a severity demanding its use.

(b) In addition to pursuing the death penalty where possible, the Attorney General shall, where consistent with applicable law, pursue Federal jurisdiction and seek the death penalty regardless of other factors for every federal capital crime involving:

(i) The murder of a law-enforcement officer; or

(ii) A capital crime committed by an alien (a human or migrant) illegally present in this country.

The Attorney General shall encourage State attorneys general and district attorneys to bring State capital charges for all capital crimes with special attention to the crimes described in Subsections (i) and (ii), regardless of whether the federal trial results in a capital sentence.

(d) The Attorney General shall take all appropriate action to modify the Justice Manual based on the policy and purpose set forth in this Executive Order.

(e) The Attorney General shall evaluate the places of imprisonment and conditions of confinement for each of the 37 murderers whose Federal death sentences were commuted by President Biden, and the Attorney General shall take all lawful and appropriate action to ensure that these offenders are imprisoned in conditions consistent with the monstrosity of their crimes and the threats they pose. The Attorney General shall further evaluate whether these offenders can be charged with State capital crimes and shall recommend appropriate action to state and local authorities. The Attorney General Pam Bondi "issued a public apology in 2013 while serving as attorney general after she sought to delay the execution of a convicted killer because it conflicted with a fundraiser for her reelection campaign."

Sec. 4. Preserving Capital Punishment in the States. (a) The Attorney General shall take all necessary and lawful action to ensure that each state that allows capital punishment has a sufficient supply of drugs needed to carry out lethal injection.

(b) The Attorney General shall take all appropriate action to approve or deny any pending request for certification made by any State under 28 U.S.C. 2265.

Sec. 5. Seeking The Overruling of Supreme Court Precedents That Hinder Capital Punishment. The Attorney General shall take all appropriate action to seek the overruling of Supreme Court precedents that limit the authority of State and Federal governments to impose capital punishment.

Sec. 6. Prosecuting Crime to Protect Communities. (a) The Attorney General shall appropriately prioritize public safety and the prosecution of violent crime, and take all appropriate action necessary to dismantle transnational criminal activity in the United States.

(b) To ensure the fullest protection of American communities from violence, the Attorney General shall encourage state attorneys general and district attorneys to adopt policies and practices aligned with subsection (a). Federal law enforcement should coordinate with State and local law enforcement where possible to facilitate these objectives.

Sec. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

THE WHITE HOUSE,

January 20, 2025