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      Death row inmates await Biden's promise to end federal executions

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      Through notes passed under cell doors with string and conversations whispered through air ducts, death row prisoners in Indiana are debating whether Joe Biden will fulfill his campaign promise to halt federal executions.Biden hasn’t spoken publicly about capital punishment since taking office four days after the Trump administration executed the last of 13 inmates at the penitentiary in Terre Haute, Indiana, where federal death row inmates are held.That six-month run of executions cut the unit from around 63 to 50. Biden’s campaign website said he would work to end federal executions, but he has not specified how.On Monday the supreme court added to potential challenges confronting Biden on the matter, when it said it would consider reinstating the death sentence for the Boston Marathon bomber Dzhokhar Tsarnaev.The justices agreed to hear an appeal filed by the Trump administration. The initial prosecution and decision to seek a death sentence was made by the Obama administration, in which Biden was vice-president.In emails with the Associated Press through a prison-monitored system they access in the two hours a day they are let out of their 12ft by 7ft cells, four death row inmates said Biden’s silence has them on edge, wondering if political calculations will lead him to back away from commuting their sentences to life or endorsing legislation striking capital punishment from US statutes.“There’s not a day that goes by that we’re not scanning the news for hints of when or if the Biden administration will take meaningful action to implement his promises,” said Rejon Taylor, 36, who was sentenced to death in 2008 for killing an Atlanta restaurant owner.Everyone on federal death row was convicted of killing someone, victims often suffering brutal deaths. The dead included children, bank workers and prison guards. One inmate, Dylann Roof, killed nine Black members of a South Carolina church during Bible study in 2015. Many Americans believe death is right for such crimes.Views of capital punishment, though, are shifting. One report found people of color overrepresented on death row nationwide. Some 40% of federal death row inmates are Black, compared with about 13% of the US population. Support for the death penalty has waned and fewer executions are carried out. Virginia recently voted to abolish it.The prisoners expressed relief at Donald Trump’s departure after he presided over more federal executions than any president in 130 years. The fear that guards will appear at cell doors to say the warden needed to speak to them – dreaded words that mean an execution is scheduled – has receded.They described death row as a close-knit community. All said they were reeling from seeing friends escorted away for execution by lethal injection.“When it’s quiet here, which it often is, you’ll hear someone say, ‘Damn, I can’t believe they’re gone!’ We all know what they are referencing,” said Daniel Troya, sentenced in 2009 in the drug-related killings of a Florida man, his wife and their two children.The federal executions during the coronavirus pandemic were likely super-spreader events. In December, 70% of the inmates had Covid-19, some possibly infected via the air ducts through which they communicate.The AP attended all 13 executions. Five of the first six inmates executed were white. Six of the last seven were Black, including Dustin Higgs, the final inmate put to death, on 16 January for ordering the killing of three Maryland women.Memories of speaking to Higgs just before his execution still pain Sherman Fields, who is on death row in the killing of his girlfriend.“He kept saying he’s innocent and he didn’t want to die,” Fields, 46, said. “He’s my friend. It was very hard.”The easiest step for Biden would be to simply instruct the justice department not to carry out executions, though that would leave the door open for a future president to resume them. Inmates know Biden, while a senator, played a key role in passing a 1994 crime bill that increased federal crimes for which someone could be put to death.“I don’t trust Biden,” Troya said. “He set the rules to get us all here in the first place.” More

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      'Inhumane and flawed': global business leaders urge governments to end death penalty

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      Global business leaders launched a campaign on Thursday declaring their opposition to the death penalty, urging governments everywhere to end the practice and asking their peers to join them.Speaking to the virtual South by Southwest festival, Sir Richard Branson, one of the campaign’s leaders, said: “The death penalty is broken beyond repair and plainly fails to deliver justice by every reasonable measure. It is marred by cruelty, waste, ineffectiveness, discrimination and an unacceptable risk of error.“By speaking out at this crucial moment, business leaders have an opportunity to help end this inhumane and flawed practice.”Initial signatories of Business Against Death Penalty include billionaires fashion mogul François-Henri Pinault and telecoms tycoon Mo Ibrahim, Ben & Jerry founders Ben Cohen and Jerry Greenfield, Martha Lane Fox, tech entrepreneur and Twitter board member and Arianna Huffington, co-founder of the Huffington Post.The campaign is being coordinated by the Responsible Business Initiative for Justice, a nonprofit human rights group led by Celia Ouellette, a former death row lawyer. “This campaign is an opportunity for business leaders to embrace their responsibility to speak out authentically on issues of racial and social justice in a way that delivers real impact.”Ouellette said in the light of the business communities support for Black Lives Matter and racial justice there was a growing awareness of the “long history of race and the death penalty among business leaders” and many were now prepared to stand against it.In a statement, Ben & Jerry founders Cohen and Greenfield said: “Business leaders need to do more than just say Black Lives Matter. They need to walk the talk and be instrumental in tearing down all the symbols of structural racism in our society. The death penalty has a long history with oppression, and it needs to end. Now.”Joe Biden is the first US president to openly oppose executions and is under pressure to end the federal death penalty. Ouellette said she was hopeful that the business community could help lobby for change in the same way it helped press for marriage equality in the US and elsewhere.“Bringing powerful voices to the table is highly impactful,” she said.The group plans to build support and increase pressure for change ahead of the World Day Against the Death Penalty on 10 October.More than 170 United Nations member states have now abolished the death penalty in law or practice.Ouellette said the practice was at a “tipping point” and that Biden’s appointment could pave the way for the US to join the countries that have effectively ended it. “I am hopeful,” she said. But she warned that the end of Donald Trump’s presidency, when the government for the first time executed more American civilians than all the states combined, shows what is at stake.“Movements can tip backwards too,” she said. More

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      'We're making our way': how Virginia became the most progressive of the US’s southern states

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      Having lived in Virginia most of his life, Larry Sabato can remember racially segregated schools and systematic efforts to stop Black people voting. Now 68, he observes a state that has diversified, embraced liberal values and shifted from symbol of the old south to symbol of the new.“I have to admit, as a young man I would never have believed it was possible for Virginia to move in such a strong progressive direction,” said Sabato, director of the Center for Politics at the University of Virginia. “I worked for candidates back then who were progressive. I used to joke, ‘If I work for you, you’re going to lose, you have to understand that’. And they always did.“Virginia has taught the country and the world that America can change, and sometimes can change rapidly, and in a very progressive direction.”Two dramatic examples came last month when the state general assembly voted to abolish the death penalty – an extraordinary reversal for a state that has executed more people than any other – and to make Virginia the first southern state to legalise marijuana for adult recreational use.These followed a flurry of measures that put the commonwealth, as it is known, in the vanguard on racial, social and economic issues in the American south. Last year it passed some of the strictest gun laws, loosest abortion restrictions and strongest protections for LGBTQ+ people in the region, as well as its highest minimum wage.Joe Biden beat Donald Trump by 10 points in Virginia in 2020. Its two US senators are Democrats, its governor is a Democrat and last year Democrats took full control of the general assembly for the first time in a quarter of a century.Such a monopoly would once have been unthinkable. Sabato reflected: “It was almost a one-party Republican state.It was Barack Obama in 2008 that finally got hundreds of thousands of young people registered and voting“Virginia had been edging a little bit closer to the Democratic party because of population growth in northern Virginia and Hampton Roads and even the Richmond area. But it was Barack Obama in 2008 that finally got hundreds of thousands of, not just minorities, but also young people registered and voting and we haven’t gone back since.“The Republican party has drifted further to the right. Instead of responding to the changes and bouncing back to the middle, they’ve decided to double down. They’ve lost every single election in this state from 2010 onwards.”Sabato was speaking from his office in Charlottesville, looking out on a statue of Thomas Jefferson, the third president who, like the first, George Washington, was a Virginian. Both founding fathers owned enslaved people on sprawling estates – Monticello and Mount Vernon – that have gone far in recent years to confront that legacy for tourists, historians and children.Virginia’s long and painful history would later include Confederate generals Robert E Lee and Thomas “Stonewall” Jackson fighting to preserve slavery and destroy the union. The state capital, Richmond, was the capital of the Confederacy. The south lost the civil war but Virginia remained a bastion of Jim Crow laws that maintained racial apartheid.By the 1990s, however, Virginia had elected the first African American governor in the US and political realignment was being fuelled by growing suburbs. The expansion of Washington spilled into northern Virginia, where voters are more likely to be immigrants, college educated and liberal. Other cities have expanded and diversified. The mayors of Richmond and Charlottesville are African American.Few changes are as totemic as the demise of capital punishment. Virginia had executed nearly 1,400 people since colonial days, according to the Death Penalty Information Center. Since 1976, when the US supreme court reinstated the death penalty, it had carried out 113 executions, second only to Texas. But in voting to abolish it last month, Virginia’s general assembly noted that it is applied disproportionately to people of colour, the poor and the mentally ill.The march of progressive values is neither uniform nor irreversible. Virginia’s reforms have provoked resentment in rural areas. Tens of thousands of gun rights activists descended on Richmond last year to protest.A white supremacist rally in Charlottesville in 2017 was a stark reminder of the potential for backlash. Four years later, the statue of Lee at the centre of the protest still stands. Despite last summer’s Black Lives Matter protests, a giant Lee monument in Richmond also remains intact.Juli Briskman, a district supervisor in Loudon county, northern Virginia, said: “You don’t have to drive very far to start seeing Trump flags and Confederate flags, and often you see them together. We still have the ‘Don’t tread on me’ licence plate. I’m trying to figure out how we can take that out of the system. So Virginia still has a little ways to go but I think as a ‘southern state’ it is really leading the way right now.I’m thankful that Virginians stuck with me“We’re the first state to pass the Voting Rights Act in the south and that is sitting on the governor’s desk right now. We’ve made a lot of strides in abortion access: last year the general assembly repealed a law that would have required women to get an ultrasound and have certain types of counselling before getting abortion care. We’ve passed a number of gun sense laws in ’20 and ’21, so we’re making our way.”‘He faced the storm’Perhaps no one personifies the often uncomfortable, but seemingly inexorable, transformation of Virginia more than Ralph Northam, the 61-year-old governor. Two years ago the Democrat was engulfed in scandal over a blackface image in his 1984 medical school yearbook. In one disastrous press conference, he seemed ready to accept a reporter’s challenge to perform Michael Jackson’s “moonwalk” dance until his wife interjected that these were “inappropriate circumstances”.Northam faced demands to resign but with his potential successor facing sexual assault allegations, managed to survive. He vowed to focus on racial equality and confronting his own white privilege. He has enthusiastically signed many of the progressive bills passed by the general assembly.Briskman, a Democrat who shot to fame by giving Trump’s motorcade the middle finger while cycling near his golf course, was among those who called for Northam to quit but now believes he has redeemed himself.“If he had resigned, we might not have gotten as much done,” she said. “It goes a long way toward reconciliation when somebody like Governor Northam can say he faced the storm and decided that he was going to turn it around and do something about it.”In an interview with the Guardian on Friday, Northam acknowledged the blackface incident had been a watershed moment.“That was a difficult time for Virginia and I’m thankful that Virginians stuck with me,” he said. “We had worked on a lot of equity issues prior to February 2019 but it really allowed me to travel around: I had listening tours and meetings and I learned so much from various people across Virginia.“The more I know, the more I can do, so we’ve really been able to put a stronger focus on equity and I made it clear to our administration, to our cabinet secretaries, that whether it be agriculture or education or health or whatever, we would address the inequities that continue to exist in our society today.”Then, in 2020, came the police killing of George Floyd in Minneapolis and a nationwide uprising against racial injustice.“That was an awakening for a lot of people that look like me that hadn’t really ever thought through it in such detail,” Northam said. “So I kind of had a head start before that tragedy but I think it was an awakening. People said this just this is not right and we need to make changes.”Northam grew up in a conservative rural area and was in sixth grade when his school became racially integrated. When he got involved in politics, around 2006-07, he recalls, Virginia was still a red state but turning purple. The “blue wave” truly began with resistance to Trump’s election in November 2016, which prompted Northam to run for governor.“It’s diversity that really makes this country and, in our case, makes Virginia who we are,” he said. “We’re becoming more diverse every day and so we need to have our lights on and our doors open and make people feel welcome.In the smaller cities and in the country, it is quite conservative“We’ve really used that theme to support our base and also to draw more people to our party and supporting common sense policies. If you compare where we are today versus back in 2016, 2017, we’re essentially a blue state now.”‘Representation matters’Northam will soon return to work as a doctor, since state rules prevent him seeking a second consecutive term. Among the Democrats vying to succeed him in November are Terry McAuliffe, governor from 2014 to 2018, and two African American women: Jennifer Carroll Foy and Jennifer McClellan. Victory for either would be another historic breakthrough.Carroll Foy, 39, who became a member of the Virginia house of delegates in 2017, said: “I can’t speak about what happened in the past but what I can say is I know the man today, and the Ralph Northam today will go down as one of the most progressive governors that Virginia has ever had, delivering on the promises of getting us to expand Medicaid to 500,000 Virginians and helping to reform our criminal justice system.“I passed a bill to prohibit the use of chokeholds by law enforcement officers. We have just done such incredible things. I carried legalisation of marijuana for several years and now it’s passed in Virginia and that is under Governor Northam leading the charge and taking seriously his commitment to racial reconciliation.”Carroll Foy was one of the first African American women to graduate from Virginia Military Institute and is aware what message electing a woman of colour as Northam’s successor would send. “It is absolutely imperative for us to make good on what we’ve been saying,” she said. “Representation matters and for millions of little girls it’s hard to be what you can’t see. We are yet to have a Black woman lead this nation and we’re yet to have a Black woman lead in a state in this country and, while people have applauded Black women for delivering the White House and helping us win Congress, it’s not enough to thank us.“You also have to support us when we’re ready to lead, and we are ready. Now is our time. You don’t just need bills and pledges for Black women; we need them written by Black women. And I’m excited that as the next governor, I will be able to continue on the legacy that Governor Northam has started in addressing the inequities throughout all of our systems so we can ensure that Virginia’s future is better than its past.”John Edwin Mason, who moved to the state in the mid-1990s and teaches history at the University of Virginia, said: “It is a remarkable change. If you had told me that Virginia was going to legalise marijuana and outlaw the death penalty, I would have been very surprised in 1995 and probably would have told you that you had been drinking a little too much to think that that would be possible.“It was not simply a largely Republican state when it came to electoral politics, but it felt very conservative and it doesn’t quite feel that way on the whole now, although of course in the smaller cities and in the country, it is quite conservative.”Mason noted that Virginia Republicans seem to be embracing Trumpism, even after the state comprehensively rejected the president in 2020. Democrats hope other southern states will do likewise.Mason added: “I think that if you are an optimistic Democratic political operative, you’re probably saying that Virginia is the harbinger of things to come.“You would point to Georgia which just elected two Democratic senators in a very similar dynamic to the way that our two Democratic senators and Democratic governor have been elected in a state that is very split along regional lines. It is a big change and, of the states of the old confederacy, Virginia is by far the bluest.” More

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      Virginia may be first in south to abolish death penalty and abandon ‘legalized lynching’

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      Earl Washington came within nine days of being put to death by the state of Virginia. The date was set, the arrangements finalized. He would be taken to the death chamber, strapped into an electric chair, then jolted with 2,200 volts that would have paralysed his brain, stopped his heart and cooked his internal organs until his legs blistered and steam rose from his rigid and lifeless body.That was in 1985. Days before the execution Washington, a black man with severe learning difficulties who could barely read or write and had been assessed as having the developmental age of a 10-year-old, had a lucky break. He was contacted by a fellow death row inmate versed in the law who heard his story, sounded the alarm, and had the electrocution delayed.A feature of Washington’s disability was that he would defer to authority figures, readily agreeing to anything they said. In 1983, when he was picked up by police for an alleged burglary and quizzed about four other unsolved local crimes, he confessed to all of them.Three of the four crimes had to be dismissed because his account was so glaringly at odds with the evidence. But the fourth one stuck: the rape and murder of a woman the previous year.Here, too, Washington’s “confession” was profoundly suspect. It was concocted from his “yes” answers to detectives’ leading questions. When his account conflicted with forensic details, they corrected him.He said that his victim was a black woman, to which the interrogating officer replied, “Well that’s wrong, Earl, she was white.” Washington dutifully complied. “Oh, she was white,” he concurred.DNA testing eventually proved that Washington had nothing to do with the murder. In 2001 – 16 years after he came within days of execution – he was set free, an innocent man.Earl Washington is the only death row inmate in Virginia to have officially been exonerated. But the likelihood is that scores of other innocent black men were put to death by the commonwealth in the course of its grizzly 413-year history of capital punishment.This week, Virginia has the chance to make amends for what it did to Washington and to the hundreds of other African Americans it put on death row on the flimsiest of evidence. On Tuesday, the Virginia senate is expected to vote to abolish the death penalty, and by the end of the week the house of delegates is set to follow suit with its companion bill 2263.It would be hard to overstate the significance of this week’s votes. Were Virginia to end its four-century association with capital punishment, it would become the 23rd state in the union to do so.From the first execution in what is now the US, carried out in the Jamestown colony in 1608, until its most recent judicial killing in 2017, Virginia has taken the lives of more prisoners than any other state. Some 1,390 men and women have gone to their deaths.By far the largest racial group of the inmates who have been killed is African American. Which is no coincidence. The most significant aspect of abolition in Virginia, should it go ahead, is that it would be the first southern state from the old Confederacy to wean itself off a habit that was rooted in slavery and racial lynching.“This would be earth-moving,” said Dale Brumfield, a historian of capital punishment who acts as field director for Virginians for Alternatives to the Death Penalty (VADP). “To have killed more people than any other state, and then say we’re not doing this any more – it doesn’t get more remarkable.”Local abolitionists hope that, should the bill pass, Virginia’s example could have a domino effect throughout the south. Former Confederate states still account for 80% of all present-day executions.For LaKeisha Cook, a Baptist minister who has been holding prayer vigils for an end to the death penalty through the Virginia Interfaith Center for Public Policy, repeal would be a fitting culmination to last summer’s Black Lives Matter protests. “This would make a profound statement that Virginia does indeed value black lives,” she said. “That we are acknowledging our ugly history of racism and taking steps to heal.”The abolitionist cause still faces a nail-biting vote in the House, with observers expecting a very slender majority for repeal in the 100-member chamber. Democrats, who took full control in Virginia last year for the first time in a generation, will side overwhelmingly in favor.But fewer than a handful of Republicans are expected to cross the aisle. Their opposition to abolition has stiffened in the wake of Donald Trump’s recent splurge of federal executions in which 13 prisoners were killed in quick succession, including Cory Johnson from Virginia.Despite last-minute jitters, hopes are riding high that the bill will pass. If it does, abolition would all but be assured as Governor Ralph Northam has come out strongly in favor of reform and has vowed to sign it into law, probably in April.“I firmly believe that 2021 will be the year that we eliminate the death penalty in Virginia,” Mike Mullin, the Democratic delegate who introduced House Bill 2263, told the Guardian.Mullin comes from an unusual background for an abolitionist – until he joined the general assembly five years ago, he spent his entire career as a criminal prosecutor. “I’ve handled many murder cases including one death case, and since a very young age I’ve always thought capital punishment amoral,” he said.One of his motivating principles, Mullin said, was that “justice isn’t vengeance”. Innocence also preyed on his mind, with 4% of all capital prosecutions estimated to end in wrongful convictions. “When people are executed you never have the opportunity to go back and take another look.”Arguably the most powerful argument for overturning capital punishment in Virginia relates to its long history of state-sanctioned racial terror. The theme resonates even in the location of the abolition vote at the Virginia state capitol in Richmond – during the civil war the exact same spot served as the capitol of the Confederacy.“Virginia has a very dark past that it has walked for the better part of 400 years,” Mullin said. “We have a lot to make up for from our history, and it’s high time we made a start.”The statistics tell the story. From 1800 to 1920, Virginia executed 625 black and 58 white people.Such an astonishing disparity was not accidental, it was baked into the judicial system. For hundreds of years, the death sentence was a form of punishment reserved almost exclusively for African American males.Under slavery, legislation allowed black Virginians to be put on death row for any offense for which a white man might receive a prison sentence of three years or longer. In 1894, a new law made attempted rape specifically of a white woman by a black man punishable by death.Lawmakers justified the move by saying that unless the commonwealth acted to protect its white women, white men would “take matters into their own hands” and turn to lynching.The 1894 law is clear-cut confirmation that the death penalty in the US was umbilically tied to lynching. In the words of Bryan Stevenson, the leading capital defense lawyer and racial justice campaigner, death row was the “stepson of lynching”.In Virginia, the connection was direct and unashamed. “Rocket dockets” were introduced that allowed black suspects to be arrested, tried and sentenced to death in a matter of hours. “Capital punishment in Virginia, by the way it was applied, was a legalized form of lynching,” Brumfield said.Take the case of Clifton Breckenridge. The 20-year-old black man was arrested in 1909 for the attempted assault of a white girl. That same day a grand jury returned an indictment within 45 minutes, the trial lasted one hour, and the all-white jury deliberated for 12 minutes before sentencing him to death.Breckenridge was executed 31 days later.Winston Green, who like Earl Washington had learning disabilities, was the second person to be killed in the electric chair after its introduction in 1908. He was executed for the crime at age 12 of “scaring a white girl”, whom he did not even touch.Perhaps the most notorious example was that of the Martinsville Seven. In 1951, seven black men were convicted of raping or aiding and abetting the rape of a white woman. The guilty verdicts were achieved with no forensic evidence against the men, who were each forced to make confessions in the absence of a lawyer.Four of the seven were executed in a single day. Then the electric chair was allowed to cool off for a day, before the remaining three were executed.When Brumfield investigated the case of the Martinsville Seven, he found that in the same year three white men had been convicted of raping black women. None of the perpetrators went to prison – one of the white men was found guilty of raping a “feeble-minded” black woman and fined $20.There are many other cases in similar vein, extending even into the modern era. From 1900 to 1969, Virginia put to death 68 men for rape or attempted rape and in all cases the perpetrators were black – no white man was ever executed in the commonwealth for rape.Today, shocking disparities live on. Murder of a white person in Virginia remains three times as likely to end on death row than murder of a black person.Two inmates are currently awaiting execution in the commonwealth: Anthony Juniper, 50, and Thomas Porter, 46. Both are African American. Both will have their lives spared if abolition goes through, though they will remain incarcerated on life sentences with no chance of parole.Advocates of holding on to the death penalty often cite the rights of victims and their families. Even here, though, there are powerful voices for change.Rachel Sutphin’s father, Cpl Eric Sutphin of the Montgomery county sheriff’s office, was taking part in a manhunt in 2006 when he was shot and killed by an escaped prisoner, William Morva. Rachel was nine years old when her father was murdered.In the run-up to Morva’s lethal injection in July 2017 – the last execution to have taken place in Virginia – she pleaded with the then Democratic governor, Terry McAuliffe, to spare the life of her father’s murderer. “I knew his execution wouldn’t bring me any solace or fulfillment. Now his death is just another date in the calendar that brings me great sadness.”Sutphin is hoping bill 2263 will pass. “In this world, in 2021, we should be beyond the point of killing people for killing people,” she said. “It’s so archaic.” More

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      Biden urged to commute sentences of all 49 federal death row prisoners

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      Led by two prominent African American congresswomen, 35 Democrats have urged Joe Biden to commute the sentences of all 49 federal prisoners left on death row – days after the Trump administration finished its rush to kill 13 such prisoners.Early last Saturday Dustin Higgs, 48, became the last of those prisoners to be killed, after Trump lifted a long-standing moratorium on federal executions. Biden entered the White House on Wednesday.According to the Death Penalty Information Center, of the 49 people still on federal death row, 21 are white, 20 are black, seven are Latino and one is Asian.Among those prisoners is Dzhokhar Tsarnaev, convicted of planting pressure-cooker bombs on the route of the Boston Marathon in April 2013, killing three and injuring 264. His death sentence was overturned last year, a decision that is now before the supreme court.In a letter sent to Biden on Friday, Ayanna Pressley of Massachusetts and Cori Bush of Missouri led lawmakers in calling on Biden “to take swift, decisive action”.“Commuting the death sentences of those on death row and ensuring that each person is provided with an adequate and unique re-sentencing process is a crucial first step in remedying this grave injustice,” they said.The representatives said they looked forward to the new administration enacting “just and restorative policies that will meaningfully transform our criminal legal system for the better”.Addressing Biden, they wrote: “By exercising your clemency power, you can ensure that there would be no one left on death row to kill.”Such a gesture, they said, would be “an unprecedented – but necessary – action to reverse systemic injustices and restore America’s moral standing.”Pressley has been consistently outspoken in her opposition to capital punishment. In July 2019, soon after Trump attorney general Bill Barr announced the lifting of a 16-year moratorium on federal executions, the Massachusetts Democrat proposed legislation to “prohibit the imposition of the death penalty for any violation of federal law, and for other purposes”.“The death penalty has no place in a just society,” Pressley said then.But by the time Trump left office, he had overseen the most executions by a US president in more than a century.Among those supporting the new appeal is Kelley Henry, a supervising assistant federal public defender based in Nashville and an attorney for Lisa Montgomery, who on 12 January became the first woman killed by the US government in nearly 70 years.“Congress is right,” Kelley told CNN on Friday. “President Biden must go further than just not carrying out executions and should immediately commute all federal death sentences.“When the supreme court, without any explanation, vacates lower court stays to allow the execution of a woman whose mental illness leaves her with no understanding of why she is being executed, we know the federal death penalty system is broken beyond repair.”New White House press secretary Jen Psaki would not be drawn on specific plans to address the federal death penalty.“The president, as you know, has stated his opposition to the death penalty in the past,” Psaki said. “That remains his view. I don’t have anything more for you in terms of future actions or mechanisms, though.”Karen Bass of California, Rashida Tlaib of Michigan and Alexandria Ocasio-Cortez of New York were among other well-known names to sign the letter to the new president.Appealing to Biden in December, Pressley said: “With a stroke of a pen, you can stop all federal executions.” More

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      'This is not justice': supreme court liberals slam Trump's federal executions

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      The supreme court justices Sonia Sotomayor and Stephen Breyer have excoriated the Trump administration for carrying out its 13th and final federal execution days before the president leaves office.Dustin John Higgs died by lethal injection at the federal correctional institute in Terre Haute, Indiana, on Friday night, after his 11th-hour clemency appeal was rejected.Higgs, 48, was convicted of murdering three women at a Maryland wildlife refuge in 1996, even though it was an accomplice who fired the fatal shots. Willis Haynes was convicted of the same crime but sentenced to life.“This was not justice,” Sotomayor, a Barack Obama appointee, wrote in an order issued late on Friday.Sotomayor, who was critical of the Trump administration’s July 2019 announcement that it would resume federal executions after a two-decade hiatus, condemned what she saw as “an unprecedented rush” to kill condemned inmates. All 13 executions have taken place since July 2020.The government executed more than three times as many people in the last six months than in the previous six decades“To put that in historical context, the federal government will have executed more than three times as many people in the last six months than it had in the previous six decades,” she wrote.“There can be no ‘justice on the fly’ in matters of life and death,” Sotomayor added. “Yet the court has allowed the United States to execute 13 people in six months under a statutory scheme and regulatory protocol that have received inadequate scrutiny, without resolving the serious claims the condemned individuals raised.”Breyer, a fellow liberal on the nine-justice high court, was equally scathing, naming each of the 13 executed prisoners and noting a lower court’s observation that Higgs had significant lung damage. The lethal injection of pentobarbital, Breyer said, would “subject him to a sensation of drowning akin to waterboarding”.He said the court needed to address whether execution protocols risked extreme pain and needless suffering and pressured the courts into last-minute decisions on life or death.“What are courts to do when faced with legal questions of this kind?” he wrote. “Are they supposed to ‘hurry up, hurry up?’”Breyer went further than Sotomayor by questioning the constitutionality of the death penalty, the first member of the current panel to do so. The third liberal justice, Elena Kagan, also dissented in the Higgs case but did not give an explanation.Higgs’s petition for clemency said he had been a model prisoner and dedicated father to a son born after his arrest. He had a traumatic childhood and lost his mother to cancer when he was 10, it said.He was convicted in October 2000 by a federal jury in Maryland for the first-degree murder and kidnapping in the killings of Tamika Black, 19; Mishann Chinn, 23; and Tanji Jackson, 21. Although Haynes shot the women, Higgs handed him his gun.“He received a fair trial and was convicted and sentenced to death by a unanimous jury for a despicable crime,” the US district judge Peter Messitte wrote in December.Arguably the most high-profile execution of the Trump administration came just days ago when Lisa Montgomery received a lethal injection at Terre Haute and became the first woman put to death by the federal government almost seven decades.Her lawyer accused the Trump administration of “unnecessary and vicious use of authoritarian power”.Many believe officials rushed to complete a series of executions before Joe Biden is inaugurated on 20 January. Biden has stated his desire to have the death penalty abolished at federal and state level. More

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      in US Politics

      Trump, the death penalty and its links with America’s racist history

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      This week, Donald Trump sanctioned the execution of the only woman on federal death row: Lisa Montgomery. She was the 11th prisoner to be killed since the president restarted federal executions in July last year. The Guardian US’s Ed Pilkington looks at why Trump has carried out more federal executions than any other president in almost 200 years

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      The chief reporter for Guardian US, Ed Pilkington, talks to Anushka Asthana about the history of the federal death penalty, which Donald Trump revived last July. Trump has so far sanctioned the executions of 11 prisoners, with a further two expected to take place by the end of this week. Lisa Montgomery, who was killed by lethal injection this week, was a particularly high-profile case. Subjected to torture and sexual violence as a child, she was suffering from extreme mental illness when she committed a horrific crime. The state of her mental health was not taken into account at her original trial. So why is Trump carrying out so many executions? Ed tells Anushka that although use of the death penalty is shrinking in the US, it is still employed in many of the former confederate states. You cannot talk about the use of the death penalty, says Ed, without looking at America’s relationship with its racist history and the impact it still has today. Archive: Newsy, Today, BBC News, CBS This Morning, AP, MSNBC; YouTube (Daily Kos), TED More

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      Last two federal executions under Trump can proceed, court rules

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      A US appeals court ordered that the last two scheduled federal executions under Donald Trump’s outgoing administration could proceed on Thursday and Friday, overturning a stay from a lower court delaying them until March to allow the two condemned men to recover from Covid-19.The US Department of Justice announced last month that Corey Johnson, 52, and Dustin Higgs, 48, had been diagnosed with Covid-19 but that it would proceed with their executions this month.Both men, convicted in separate murders, are being held on death row at a federal prison in Terre Haute, Indiana.On Tuesday, Judge Tanya Chutkan of the US district court ordered the executions be delayed until at least 16 March to allow the condemned men to heal, siding with medical experts who said their coronavirus-damaged lungs would result in inordinate suffering if they were to receive lethal injections.A split panel of judges at US court of appeals for the District of Columbia circuit overturned Chutkan’s stay by a 2-1 vote overnight on Wednesday.Lawyers for the two men asked the appeals court to reconsider the ruling by filing a petition on Thursday morning seeking a so-called rehearing en banc.“We will ask the full court to step in to reinstate the stay, but it is time for the government to stop carrying out super-spreader executions,” Shawn Nolan, a federal defender representing Higgs, said in a statement.Trump, a longstanding advocate of capital punishment, oversaw the resumption of federal executions last summer after a 17-year hiatus as the novel coronavirus continued to spread.Death row inmates, at least two of their lawyers and multiple prison and execution staff have since become ill with Covid-19.The president-elect, Joe Biden, will be inaugurated next Wednesday, and says he will seek to abolish the death penalty.Higgs was convicted of overseeing the kidnapping and murder of three women on the Patuxent Research Refuge in Maryland in 1996. He did not kill anyone himself, which his lawyers have argued is grounds for clemency.Johnson was convicted of murdering seven people in Virginia in 1992 as part of a drug-trafficking ring. His lawyers say he has an intellectual disability that means it would be unconstitutional to execute him.Their lawyers, citing medical experts who testified in court, say that their damaged lung tissue would rupture more quickly than usual after lethal doses of pentobarbital, a powerful barbiturate, had been administered.There could be a period of several minutes in which the men experience drowning as their lungs filled with bloody fluids – a pulmonary edema – before the drug rendered them insensate or killed them, the lawyers argued, calling it a form of torture.Earlier this week, Lisa Montgomery became the first woman executed in the US by the federal government in almost seven decades, after an appeal to the US supreme court failed. More