Activists with the Abolitionist Action Committee attend a rally outside of the U.S. Supreme Court on July 2, 2024 in Washington, D.C.
(Photo: Anna Moneymaker/Getty Images)
‘Ghoulish’: Trump Expands Federal Death Penalty
The Republican president “articulated his plan to drastically increase executions, and we all know this is one promise he can’t wait to keep,” said one death penalty abolitionist.
Delivering on a promise to “vigorously pursue the death penalty,” U.S. President Donald Trump on Monday night signed an executive order that reverses his predecessor’s moratorium on federal capital punishment and calls for expanding it.
The widely expected order—one of several issued on Inauguration Day—was swiftly criticized on factual and moral grounds.
Attorney and death penalty expert Robert Dunham pointed out that the order “starts with a demonstrable falsehood (‘Capital punishment is an essential tool for deterring and punishing those who would commit the most heinous crimes’), signaling that the administration intends not to allow the facts to affect its policy decisions.”
“In fact, the death penalty does not contribute anything to public safety,” said Dunham, citing a study by the Death Penalty Policy Project, which he directs. “As for ‘deterring the most heinous crimes,’ see my analysis of the worst of the worst mass shootings in the United States.”
“It is essential, with the importance and deadly consequences of this policy, that media coverage report the truth and not just the rhetoric,” he stressed. “The executive order is grounded in a false, dark fantasy about deterrence and has nothing to do with making the public safer.”
Declaring that “the death penalty is unjust and cruel,” the ACLU warned that Trump’s order not only directs an expansion of its use at the federal level but also encourages states to do the same.
Specifically, the order says that “in addition to pursuing the death penalty where possible,” the attorney general shall seek it “regardless of other factors” for federal cases involving the murder of a law enforcement officer or a capital crime committed by an undocumented immigrant—and shall “encourage state attorneys general and district attorneys to bring state capital charges for all capital crimes with special attention to” those circumstances, “regardless of whether the federal trial results in a capital sentence.”
The order further directs the head of the U.S. Department of Justice to “seek the overruling of Supreme Court precedents that limit the authority of state and federal governments to impose” the death penalty and “ensure that each state that allows capital punishment has a sufficient supply of drugs needed to carry out lethal injection.”
Last week, outgoing U.S. Attorney General Merrick Garland “withdrew the Justice Department’s protocol for federal executions that allowed for single-drug lethal injections with pentobarbital, after a government review raised concerns about the potential for ‘unnecessary pain and suffering,'” The Associated Pressreported. “The protocol could be imposed by Trump’s new acting Attorney General James McHenry III, or his pick to lead the Justice Department, Pam Bondi, once she’s confirmed by the Senate.”
Though Trump’s order doesn’t name Garland, it explicitly takes aim at former President Joe Biden for his moratorium as well as his attempt to prevent another GOP killing spree like the one that occurred at the end of the Republican’s first term, accusing the Democrat of commuting the sentences of “37 of the 40 most vile and sadistic rapists, child molesters, and murderers on federal death row: remorseless criminals who brutalized young children, strangled and drowned their victims, and hunted strangers for sport.”
Biden said last month that “in good conscience, I cannot stand back and let a new administration resume executions that I halted.” He left Charleston church gunman Dylann Roof, Pittsburgh synagogue shooter Robert Bowers, and Boston bomber Dzhokhar Tsarnaev on death row. The others now face life in prison without the possibility of parole.
Trump cannot reverse Biden’s commutations, but he directed the attorney general to “evaluate the places of imprisonment and conditions of confinement for each” of those 37 men and “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 president also said that 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.”
Death Penalty Action executive director Abraham Bonowitz said in a Monday statement:
President Trump’s executive order demanding capital charges for the murder of law enforcement officers or capital crimes by illegal aliens is unnecessary bluster, because the death penalty already exists for such crimes. But Trump can’t help himself. Donald Trump’s Agenda2025 articulated his plan to drastically increase executions, and we all know this is one promise he can’t wait to keep.
We are also dismayed at President Biden’s cynical compromise that commuted 37 federal death sentences while leaving seven prisoners on federal and military death rows. While expressing both his personal opposition to the death penalty and his desire to maintain the moratorium on executions he imposed in 2021, Biden has nevertheless primed the pump for Donald Trump to resume his execution spree.
Social media users also slammed Trump’s order, with one saying that “this is extremely disturbing” and another calling it “one of the most ghoulish things I’ve ever fucking read.” Many critics highlighted that the president issued the measure while pardoning over 1,500 insurrectionists who stormed the U.S. Capitol on January 6, 2021, which led to the deaths of multiple police officers.
James Goodwin, policy director at the Center for Progressive Reform, noted that it “is straight out of Project 2025,” the sweeping Heritage Foundation-led playbook from which Trump unsuccessfully tried to distance himself during the campaign.
Trump has a long history of supporting capital punishment. As journalist Prem Thakker put it, “On Martin Luther King Jr. Day, the man who bought [a] full-page [newspaper] ad calling for the execution of the Central Park Five—five Black and Latino teens wrongfully convicted of rape—makes one of his first acts as president to restore and prioritize the death penalty.”
Robert Brooks, 43, died a day after being attacked by several correctional officers at the Marcy Correctional Facility on Dec. 9. His death has prompted a state investigation.
*** There is a video at the site linked above that is very informative and shows the man before the police killed him. ***
The office of New York’s attorney general released body camera footage Friday showing the fatal beating of a state prisoner this month by correctional officers who punched and kicked him repeatedly while he was handcuffed on an infirmary bed.
The incident, which has drawn outrage from political leaders and was condemned by the officers’ union as “incomprehensible,” is being investigated by state Attorney General Letitia James. The inmate, Robert Brooks, 43, died in the hospital a day after the Dec. 9 attack.
“I do not take lightly the release of this video, especially in the middle of the holiday season,” James said at a virtual news conference.
“These videos are shocking and disturbing,” she added.
Brooks can be seen in the videos with his hands cuffed behind his back. In one video, he is sitting up as an officer presses his foot down on him. He is then punched by two officers.
At another point, he is forcefully yanked from the bed by his shirt collar and held up above the ground, his face visibly bloodied.
Robert Brooks as seen in body camera footage at the Marcy Correctional Facility in Oneida County, New York, on Dec. 9.Office of the New York State Attorney General
Last week, Gov. Kathy Hochul ordered the state Department of Corrections and Community Supervision to begin the process of firing 14 workers at the Marcy Correctional Facility in Oneida County, where the incident occurred. They include correctional officers, sergeants and a prison nurse. In the interim, all have been suspended without pay, except for one officer, who already resigned. In a statement following the release of the videos, Daniel Martuscello, the commissioner of the state corrections department, said his office has launched its own investigation in an effort to bring “institutional change.”
“Watching the video evidence of Robert Brooks’ life being taken left me feeling deeply repulsed and nauseated,” Martuscello said. “There is no excuse and no rationalization for a vulgar, inhumane act that senselessly took a life. This type of behavior cannot be normalized, and I will not allow it to be within DOCCS.”
James said the officers had not activated their body cameras, but they were still on and recorded in standby mode. As a result, she added, they did not capture audio and only recorded for 30 minutes.
Her office released the entirety of the four officers’ videos, which included some blurring.
On Dec. 9, James said, Brooks was being transferred from the Mohawk Correctional Facility, also in Oneida County, to Marcy Correctional Facility. The events unfolded in a medical exam room before 9:30 p.m. Brooks was carried into the room hanging upside down with his hands handcuffed behind his back, one video shows.
The entrance to Marcy Correctional Facility state prison on Thursday, Dec. 19, 2024, in Marcy, N.Y. (Will Waldron/Albany Times Union via Getty Images)Will Waldron / Albany Times Union / Getty Images
Without audio, it’s unclear what words were exchanged between Brooks and the officers. While he does not appear to physically retaliate in the footage, the videos present different angles, and at times it’s unclear what is happening to Brooks as officers move and stand around the room. After the officers yank Brooks from the bed, he is brought to a corner. Later, he is seen on the bed wearing only his underwear and being tended to by the nurse.
Brooks was taken to the hospital and died the following day. An autopsy was conducted, and “preliminary findings show concern for asphyxia due to compression of the neck as the cause of death, as well as the death being due to actions of another,” according to a state corrections office investigative report obtained by NBC affiliate WKTV in Utica.
In the wake of the initial media reports, James said her Office of Special Investigation would conduct a review and make the video public after Brooks’ family viewed it first.
“I have a responsibility and duty to provide the Brooks family, their loved ones and all New Yorkers with transparency and accountability,” she said Friday.
Attorney General Letitia James speaks during a press briefing on Nov. 6.Lev Radin / Pacific Press / Getty Images
Brooks had been imprisoned since 2017 on a 12-year sentence for first-degree assault involving a longtime girlfriend. State corrections officials declined to detail what led Brooks to be transferred to the Marcy Correctional Facility, a medium-security prison, that night. The New York State Correctional Officers and Police Benevolent Association did not immediately respond to a request for comment Friday, but the union has previously said it viewed parts of the videos.
“What we witnessed is incomprehensible to say the least and is certainly not reflective of the great work that the vast majority of our membership conducts every day,” the union said in a statement this week, adding what transpired is the “opposite of everything NYSCOPBA and its membership stand for.”
Hochul said in a statement that the “vast majority” of correctional officers “do extraordinary work under difficult circumstances,” but “we have no tolerance for individuals who cross the line, break the law and engage in unnecessary violence or targeted abuse.”
Martuscello said the agency has expanded its body camera policy effective immediately, requiring all corrections officers to have their cameras activated any time they are engaging directly with inmates.
The Correctional Association of New York, an independent prison oversight group, released a report last year after monitoring the Marcy Correctional Facility in October 2022. The report noted complaints of “rampant” physical abuse by staff members, with 80% of incarcerated people reporting having witnessed or experienced abuse and nearly 70% reporting racial discrimination or bias.
Brooks’ family thanked Hochul in a statement this week for taking action “to hold officers accountable.”
“We cannot understand how this could have happened in the first place,” the family said. “No one should have to lose a family member this way.”
Scottie's Playtime 