DOJ Authorizes Firing Squads for Federal Executions in Major Capital Punishment Expansion
Published on Reflecto News | World News | Justice & Legal
The United States Department of Justice announced on Friday that it will expand federal execution protocols to include firing squads, electrocution, and gas asphyxiation, marking a significant shift in capital punishment policy under the Trump administration. The move is part of a broader effort to “strengthen the federal death penalty,” reverse Biden-era policies, and expedite executions for federal death row inmates.
Alongside the introduction of alternative execution methods, the Justice Department has lifted the indefinite moratorium on federal executions imposed under former Attorney General Merrick Garland. The DOJ has authorized seeking death sentences against 44 defendants, with Acting Attorney General Todd Blanche already approving capital cases against nine individuals.
‘Restoring a Solemn Duty’: DOJ Justification
Acting Attorney General Todd Blanche, who replaced Pam Bondi after she was fired on April 2, delivered a forceful statement justifying the policy shift.
“The prior administration failed in its duty to protect the American people by refusing to pursue and carry out the ultimate punishment against the most dangerous criminals, including terrorists, child murderers, and cop killers.” — Todd Blanche, Acting U.S. Attorney General
The DOJ stated that it is “streamlining internal processes to expedite death penalty cases” and plans to issue a proposed rule prohibiting capital inmates from submitting clemency petitions until all judicial proceedings are completed. The department also readopted the single-drug pentobarbital lethal injection protocol used during the first Trump administration.
Key Actions Taken by the DOJ:
| Action | Details |
|---|---|
| Lifted moratorium | Rescinded Biden-era pause on federal executions |
| Authorized death sentences | 44 defendants approved for capital prosecution |
| Expanded execution methods | Added firing squad, electrocution, and gas to protocol |
| Reinstated lethal injection | Readopted pentobarbital protocol from first Trump term |
| Streamlined appeals | Internal processes to expedite death penalty cases |
| Clemency restriction | Proposed rule to limit clemency petitions until appeals exhausted |
Sources: DOJ press release, multiple news reports
Why New Methods? The Lethal Injection Crisis
The expansion of execution methods is driven largely by practical necessity. For years, U.S. states and the federal government have struggled to obtain drugs for lethal injections, as European pharmaceutical companies refuse to supply them for executions. This has forced prison systems to seek out smaller, less-regulated compounding pharmacies.
In its report, “Restoring and Strengthening the Federal Death Penalty,” the DOJ noted that “this modification will help ensure the Department is prepared to carry out lawful executions even if a specific drug is unavailable”. The report also emphasized that “the Supreme Court has never rejected a method of execution as unconstitutional”.
Methods Now Authorized at the Federal Level
The DOJ has authorized three additional execution methods beyond lethal injection:
Firing Squad
Five states currently allow executions by firing squad: Idaho, Mississippi, Oklahoma, South Carolina, and Utah. In March 2025, South Carolina carried out the first execution by firing squad in the U.S. in 15 years. Brad Sigmon, convicted of murdering his ex-girlfriend’s parents, chose the method over lethal injection or the electric chair. Witnesses described his death as “horrifying and violent”.
Electrocution
Nine states still allow electrocution as an execution method, though it has not been used since 2020. The electric chair remains a legal option in several states, and the DOJ has now added it to the federal protocol.
Gas Asphyxiation (Nitrogen Hypoxia)
In 2024, Alabama became the first state to execute someone using nitrogen gas, forcing nitrogen into the prisoner’s airways through a face mask. The method has since been adopted by Arkansas, Louisiana, Mississippi, and Oklahoma.
The Three Inmates on Federal Death Row
Currently, only three inmates remain on federal death row. Former President Joe Biden, a vocal opponent of the death penalty, commuted the sentences of 37 of the 40 federal death row inmates in the final months of his presidency. Those whose sentences remain are:
| Inmate | Conviction | Crime |
|---|---|---|
| Dzhokhar Tsarnaev | 2015 | Boston Marathon bombing (3 killed, hundreds injured) |
| Dylann Roof | 2017 | Charleston church shooting (9 killed) |
| Robert Bowers | 2023 | Pittsburgh synagogue shooting (11 killed) |
Sources: Reuters, Associated Press, DOJ
None of the three have yet received execution dates. It can take many years for condemned prisoners to exhaust all legal avenues for challenging their death sentences.
State-Level Enthusiasm: Florida Eyes Expansion
The federal policy change has already drawn praise from state officials. Jason Weida, chief of staff to Florida Governor Ron DeSantis, shared the DOJ announcement on social media with the comment: “Bravo. Would love to see this in Florida”.
Florida has already laid the groundwork for expanded execution methods. Last year, DeSantis signed a bill (HB 903) allowing any form of execution that is “not deemed unconstitutional” if electrocution or lethal injection is unavailable or found unconstitutional. The state has been plagued by controversies over lethal injection protocols, with critics alleging the use of wrong or expired chemicals and insufficient dosages.
Legal Challenges Expected
Despite the DOJ’s confidence, legal challenges are virtually certain. Death row prisoners can mount constitutional challenges arguing that new execution protocols violate the Eighth Amendment’s prohibition of “cruel and unusual punishments.” However, such challenges have consistently failed at the U.S. Supreme Court, which has never previously found an adopted execution method to be unconstitutional.
Public Opinion Context
The DOJ’s move to expand capital punishment comes as public support for the death penalty continues to decline. A Gallup poll published in October 2025 found that support for capital punishment for people convicted of murder has fallen from 80% in 1994 to 52% in 2025 — a five-decade low. More than half of young U.S. adults ages 18 through 43 oppose the practice. Yet executions in the U.S. rose last year to their highest level in 16 years.
What Comes Next
The DOJ’s announcement sets in motion several processes:
| Next Step | Timeline |
|---|---|
| Proposed rule on clemency petitions | Coming weeks |
| Potential execution dates for Tsarnaev, Roof, Bowers | Unknown (appeals pending) |
| Additional death sentence authorizations | Ongoing (44 defendants approved) |
| Legal challenges to new methods | Expected soon |
The administration has not yet announced any specific execution dates. However, with the DOJ now authorized to use multiple methods and actively streamlining the appeals process, federal executions could resume within the coming year — for the first time since the final months of Trump’s first term, when 13 federal prisoners were executed by lethal injection.
Frequently Asked Questions (FAQs)
Q1: What execution methods did the DOJ add?
The DOJ added firing squads, electrocution, and gas asphyxiation (nitrogen hypoxia) to the federal execution protocol, alongside the reinstated pentobarbital lethal injection.
Q2: Why is the DOJ adding these methods?
The primary reason is the difficulty in obtaining lethal injection drugs. Pharmaceutical companies, particularly in Europe, refuse to supply drugs for executions. The DOJ stated that additional methods will ensure executions can be carried out even if specific drugs become unavailable.
Q3: How many inmates are on federal death row?
Only three inmates remain on federal death row after President Biden commuted the sentences of 37 others: Dzhokhar Tsarnaev (Boston Marathon bomber), Dylann Roof (Charleston church shooter), and Robert Bowers (Pittsburgh synagogue shooter).
Q4: Has the DOJ authorized new death sentences?
Yes. The DOJ has authorized seeking death sentences against 44 defendants, with Acting Attorney General Todd Blanche already approving capital cases against nine individuals.
Q5: Is the federal government the only authority that can impose the death penalty?
No. The death penalty is primarily carried out at the state level. The federal government can seek execution for a limited set of federal crimes, including terrorism, murder of a federal officer, and certain drug-related killings.
Q6: Which states already allow firing squads?
Five states currently allow executions by firing squad: Idaho, Mississippi, Oklahoma, South Carolina, and Utah. Idaho recently adopted it as its primary method.
Q7: Will this policy survive legal challenges?
Legal challenges are expected, but the Supreme Court has never found an execution method to be unconstitutional. The DOJ’s report explicitly noted that “the Supreme Court has never rejected a method of execution as unconstitutional”.
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