Death Penalty Restoration (E.O. 14164)

Summary

Directs the government to use the death penalty for very serious crimes and helps states carry out executions to ensure public safety.

What problem does this solve?

Some government leaders and judges have stopped using the death penalty, even when the law allows it for the worst crimes. This order tells the government to start using the death penalty again and to help states do the same.

What does this order do?

Requires pursuit of the death penalty

Orders the Attorney General to seek the death penalty for all federal crimes that are serious enough to warrant it.

Prioritizes death penalty for specific crimes

Directs the Attorney General to seek the death penalty in cases involving the murder of a law enforcement officer or a capital crime committed by an undocumented immigrant.

Helps states carry out executions

Requires the Attorney General to take all necessary actions to make sure states that allow capital punishment have the drugs needed for lethal injections.

Seeks to overturn Supreme Court decisions

Tells the Attorney General to take action to get the Supreme Court to undo past decisions that limit the government's ability to use the death penalty.

Reviews sentences changed by President Biden

Orders a review of the prison conditions for 37 inmates whose death sentences were changed by President Biden and considers if they can be charged with state capital crimes.

Encourages states to seek capital punishment

Tells the Attorney General to encourage state prosecutors to file capital charges for serious crimes, especially those mentioned in the order.

Who does this affect?

Federal and state death row inmates
Federal and state prosecutors
Families of victims of violent crimes

What is the real world impact?

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Enforces existing laws

Aims to ensure federal laws allowing capital punishment are fully carried out, countering what it calls defiance by politicians and judges who oppose it.

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Reverses previous administration's policies

Directly undoes the prior administration's pause on federal executions and criticizes the changing of death row sentences, signaling a sharp shift in justice policy.

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Challenges judicial limits on capital punishment

Directs the Attorney General to try and overturn Supreme Court decisions that limit the death penalty, which could be seen as an attempt to reduce the power of the courts in this area.

When does this start?

This order takes effect immediately on January 20, 2025.