Executive Order on Death Penalty

Among the torrent of executive orders issuing from the White House is one titled “Restoring the Death Penalty and Protecting Public Safety.”

One of its provisions directs the Attorney General to assert federal jurisdiction and seek the death penalty “for every federal capital crime involving: (i) The murder of a law-enforcement officer; or (ii) A capital crime committed by an alien illegally present in this country.” We shall see how that works in actual practice.

Also included is a directive to help states obtain execution drugs and to get DOJ off its tush with certifying states under the comatose Chapter 154 fast track program.

Along with the latter, the illegal poison pill inserted by the Obama Administration on its way out the door needs to be repealed.

By regulation, 28 CFR § 26.23(e), certification of a state by the Attorney General expires in five years. The law enacted by Congress says that a state qualifies if the Attorney General has certified its system. It did not provide an expiration date or authorize DOJ to create one. The subdivision should be deleted.