Less than halfway through Trump’s second term, the U.S. Department of Justice has authorized a rash of new death penalty prosecutions, already surpassing the total number of capital cases brought during Trump’s previous four years in office.
Since Trump returned to the White House, DOJ prosecutors have moved to seek the death penalty against at least 42 defendants in 34 cases, according to figures compiled by The Intercept, based on legal records and data from the Justice Department and Federal Capital Trial Project. In at least two additional cases, federal prosecutors have conveyed their plans to seek death but have not yet submitted a notice of intent — the formal legal filing telling the defense and presiding judge that the DOJ seeks to execute a defendant. By comparison, the DOJ authorized some 38 capital defendants total over the course of Trump’s first term.
Many of the new cases have originated in places where the death penalty has been abolished — states like New Mexico, Colorado, and Maryland — as well as jurisdictions where there is no history of capital punishment, like the U.S. Virgin Islands. More than 70 percent of the defendants are people of color, most of them Black.
The spike in new death penalty cases is a striking illustration of Trump’s longtime enthusiasm for capital punishment, which led him to carry out an unprecedented execution spree in the months before he left office in 2021. It’s also in stark contrast to the Justice Department under President Joe Biden, who put capital prosecutions almost entirely on hold — and whose attorney general, Merrick Garland, deauthorized dozens of pending death penalty cases upon taking office.
Trump’s ramped up authorizations won’t necessarily bring a wave of new death sentences. Only a relative handful of federal capital authorizations end up going to trial — and fewer still result in a death sentence. Although executions have been on the rise across the United States since Trump retook office, new death sentences have been on a consistent decline for decades. Prosecutors have become more reluctant to seek death sentences, and jurors have also been less and less willing to send defendants to death row.
“The American public has made a very, very decisive turn away from the death penalty during the last 20 years,” said Robin Maher, executive director of the Death Penalty Information Center. “Twenty years ago, we had five times the number of new death sentences than we had last year.” Although Trump’s DOJ “purports to be acting consistent with the will of the American people,” she said, “those are American juries that are making different decisions now.”
The Trump administration’s death penalty plans have already come apart in many cases. Since then-Attorney General Pam Bondi first started filing notices of intent last year, roughly a third of the defendants have seen the death penalty taken off the table. In numerous cases, the presiding judge has struck down the government’s authorizations. In one case involving two co-defendants, the DOJ has withdrawn its prior authorization. And two cases have been resolved with guilty pleas.
This still leaves at least 27 defendants currently facing capital trials. With Blanche, who was previously Trump’s criminal defense lawyer, vying to become attorney general, there is no reason to expect the push to send people to death row to slow down anytime soon.
The defendants facing the death penalty under Trump have been accused of grisly crimes, from mass shootings to gang murders. But if there’s one thing driving Trump’s escalating pursuit of new death sentences above all else, it is his sustained rage at Biden, who took the historic step of commuting 37 death sentences before leaving office, leaving three people on federal death row. Trump railed against the commutations in a Truth Social post on Christmas Day, wrongly referring to them as pardons and telling the commuted prisoners themselves to “GO TO HELL!”
Upon returning to the White House in January 2025, Trump immediately signaled his intent to repopulate federal death row, proclaiming in an executive order that his administration would “pursue the death penalty for all crimes of a severity demanding its use.” Framed as a rebuke to Biden’s act of clemency, which he derided as a “mockery of justice,” it also called on states to step up their own efforts to execute people — and to try to seek new death sentences at the state level against the 37 men whose federal sentences were commuted.
A month later, in February 2025, newly installed Attorney General Pam Bondi issued a memo to DOJ prosecutors directing them to seek death wherever possible. “Absent significant mitigating circumstances, federal prosecutors are expected to seek the death penalty in cases involving the murder of a law-enforcement officer and capital crimes committed by aliens who are illegally present in the United States,” Bondi wrote. She ordered prosecutors to prioritize capital cases involving gang members and people accused of international drug crimes. And in an unprecedented move, Bondi announced that the DOJ would review every decision in which the Biden administration declined to seek a death sentence to determine whether prosecutors should pursue the death penalty after all.
The attempt to turn Biden’s “no-seeks” into capital prosecutions has proven mostly unsuccessful. Of hundreds of cases reviewed by the DOJ, prosecutors ended up filing a notice of intent against 15 defendants who had previously been told they would not face the death penalty. One by one, the new capital authorizations were smacked down by presiding judges, several of whom scolded Trump’s prosecutors for their ham-fisted efforts to win death sentences in cases that, in many instances, were already set for trial. Currently three cases remain in which prosecutors are still seeking to move forward with a capital trial despite the Biden DOJ’s previous decision not to seek death.
It did not take long after Bondi was fired for her replacement, acting Attorney General Todd Blanche, to make clear he intended to continue Trump’s death penalty push. In late April, he released a 48-page report by the Office of Legal Policy, which outlined in detail Trump’s plans to ramp up new death sentences and speed up executions. Titled “Restoring and Strengthening the Federal Death Penalty,” the document again framed Trump’s commitment to capital punishment as a response to Biden’s dereliction of duty — and in particular to his betrayal of victims’ families.
“It was more like a campaign website instead of a measured legal document by a government agency.”
The report included a chart showing Biden’s DOJ’s rejection of capital cases, casting Garland as an outlier among other attorneys general. By contrast, the report devoted little space to Trump’s new authorizations, avoiding entirely its mostly failed attempts to reverse Biden’s “no-seeks.” Nor did it hint at the fact that Blanche, like previous attorneys general, would himself issue a flurry of no-seeks in death-eligible cases upon taking over — something that is standard practice at the DOJ. Death penalty cases are, after all, at least in theory, reserved for only the most serious crimes. “To pursue use of the death penalty in the manner that is set forth in Trump executive order would require an almost singular focus on seeking death sentences to the exclusion of so many other priorities,” Maher said.
While the Blanche report is certainly cause for concern, Maher said a lot of it read as a wishlist more than an achievable blueprint. “The majority of that report, I thought, reflected the Trump administration’s grievances about lawful decisions made by the previous administration,” she said. “To me it was more like a campaign website instead of a measured legal document by a government agency.”
“These executive orders, these memoranda — everything is changing by the day,” she said. “We just don’t know how this is all going to play out.”
What might be most sobering about Trump-era capital punishment is not the way it differs from past presidents but how it remains consistent. In the hands of an administration overtly committed to white supremacy, the defendants chosen by Trump’s DOJ for capital trials look a lot like the defendants who have always faced the federal death penalty.
More than 70 percent of Trump’s authorizations have been against people of color, most of them Black. This is strikingly consistent with the federal death penalty’s overall track record; according to the Death Penalty Information Center, 73 percent of capital defendants authorized for death penalty prosecutions from 1989 to June 2024 were people of color.
The racial disparities in the federal system have been well-documented for decades. Yet, apart from the most high-profile cases, Americans are generally unaware of capital prosecutions brought at the federal level since most authorizations never lead to a death penalty trial — let alone a death sentence. This leaves the most dramatic racial disparities hidden from view. Data from the Federal Capital Trial Project shows that, in the state of Maryland, for example, which has sent only one person to federal death row since the late 1980s, DOJ prosecutors have authorized death penalty prosecutions against more than 30 people, the majority of whom were Black. The rest were Latino.
Trump’s recent authorizations replicate this trend, with DOJ prosecutors in Maryland filing notices of intent against four defendants, three of them Latino and one of them Black. (The former three, alleged MS-13 gang members from Baltimore, have since seen their authorizations thrown out by a judge.)
Since last year, Trump’s DOJ has also authorized death penalty prosecutions of four people in the Eastern District of Missouri, which is home to St. Louis. As with every other federal authorization from the same jurisdiction to date, all of them are Black. (Two of these defendants have since seen their authorizations withdrawn by the DOJ.)
Trump’s execution spree six years ago briefly put the racism of the federal death penalty on display. The eighth man put to death, Orlando Hall, had been sentenced to die by an all-white jury in Texas, where, according to his lawyer’s last legal filings, federal prosecutors were “nearly six times more likely to request authorization to seek the death penalty against a Black defendant than a non-Black defendant.” Co-defendants Christopher Vialva and Brandon Bernard, who were executed less than three months apart, were sent to death row by a federal prosecutor who openly told me that people considered him “crazy” for allowing a single Black man to serve on their jury.
At that time, the U.S. was experiencing a supposed reckoning over race, which made such cases all the more disturbing to those paying attention. Yet the executions had been made possible by a Democratic party that paved the way for Trump’s killing spree by expanding the death penalty in a way that was racially skewed from the start. That Trump’s aggressive death penalty push is no more racist than what came before speaks volumes about what capital punishment has always been.
