If Donald Trump is elected, there is an expectation that he will actively pursue a series of executions. This could potentially expedite the cases of individuals on federal death row and potentially jeopardize the life of a man who has long claimed his innocence.
Advocates for individuals on death row are concerned that a potential second term for President Trump could exacerbate the situation, particularly in light of his first term, during which there were an alarming 13 federal executions.
In fact, the number of people executed in the federal system under Trump exceeded the combined total of the previous 10 presidents, leading to significant human rights concerns.
Ever since his loss in the 2020 presidential election, Trump has only intensified his support for the death penalty, a stance he has held since his 1989 campaign against the Central Park Five.
His recent statements include calling for the execution of “everyone who gets caught selling drugs” and proposing that government leakers should be put to death for treason.
In a report by Rolling Stone last year, it was claimed that Trump even considered the reintroduction of firing squads and hangings, as well as exploring the possibility of group executions and televised killings.
Project 2025, a conservative plan for a potential second term under Trump, was authored by his allies, even though Trump himself has distanced himself from it. The blueprint advocates for the US government to make every effort to resolve the cases of the 40 individuals currently on federal death row.
Additionally, it proposes expanding the use of capital punishment to non-homicide offenses and encouraging the US Supreme Court to overturn previous rulings that restrict death sentences to murder cases.
“I plan to finish what I started,” expressed Billie Allen, 47, during a recent conversation from federal death row in Terre Haute, Indiana. Allen, who was convicted of a 1997 robbery and murder, strongly maintains his innocence despite exhausting all of his appeals.
He shared his deep fear of being executed, not only because of the impending death but also due to the fact that he is being punished for a crime he did not commit. Allen holds onto hope that someone innocent would make the right decision in his case.
‘Lawless’ killing spree
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During the final months of his time in office, Trump’s administration carried out a series of federal executions. These executions have sparked considerable concerns regarding the rights of capital defendants in the United States.
In July 2020, the first execution took place, involving Daniel Lee, who had been sentenced to death for the 1995 murder of three family members. Despite opposition from the lead prosecutor, judge, and the victim’s family, the justice department insisted on proceeding with the execution, even in the face of a court injunction.
For four hours, Lee was strapped to a gurney as the government fought to move forward, and ultimately, the Supreme Court granted permission to proceed at 2am. Lee was ultimately put to death through lethal injection.
Days later, the US carried out the execution of a 68-year-old man whose lawyers had successfully obtained a temporary injunction by arguing that he was not fit for execution due to his advanced Alzheimer’s disease, dementia, and schizophrenia.
There were several other cases that raised concerns about the use of capital punishment. In one instance, a man who claimed his innocence was executed despite evidence suggesting he was not the shooter.
Another case involved a man who experienced a distressing sensation similar to drowning during his execution, highlighting the potential for cruel and unusual punishment. Additionally, there was a situation where five jurors and a prosecutor expressed objections to the imposition of the death penalty.
Ruth Friedman, the director of the Federal Capital Habeas Project and Lee’s counsel, expressed her distress at the rush to execute him. She highlighted the disregard for fairness, procedure, and basic decency, referring to it as a “parade of horribles.”
Courts issued over 20 stay orders halting the killings during the 13 executions. However, despite these orders, the supreme court and appeals courts consistently rejected the rulings.
Kelley Henry, a federal public defender, described the 13 executions as the lowest point in her 34-year legal career. She expressed her dismay not only at the astonishing speed of the executions but also at the profound failures of the court system in serving justice to their clients. Witnessing the glaring flaws of the death penalty system shook her to the core.
Henry served as the legal counsel for Lisa Montgomery, who tragically faced execution during the final week of Trump’s presidency. This marked a significant event as she became the first woman to be put to death by the US government in almost 70 years.
Montgomery had been convicted of the murder of a pregnant woman, but her defense attorneys highlighted her profound mental illness, which originated from severe abuse. They contended that due to her incompetence, she should not have been subjected to the death penalty.
In the last weeks of Montgomery’s life, her lawyers won four court cases and obtained stays. However, the US Bureau of Prisons disregarded these rulings, and the Supreme Court eventually overturned the lower court decisions late at night on the day of her scheduled execution. Tragically, Montgomery was pronounced dead at 1:31 am on January 13, 2021, before her competency claim could be resolved.
Henry expressed his strong disapproval of the 13 executions, describing them as lawless. He also expressed his disbelief at how politicized the legal system had become. Henry found it unacceptable to even consider the possibility of such a situation occurring again.
40 men on death row
According to Robin Maher, the executive director of the Death Penalty Information Center, the current population of 40 men on federal death row highlights the systemic issues surrounding capital punishment.
It is alarming to note that a majority of these individuals are people of color, with 38% being Black, despite Black people comprising only 14% of the American population.
Additionally, in 58% of these cases, at least one victim was white. Furthermore, it is concerning to learn that nearly one in four of these men were 21 years old or younger at the time of the crime. These statistics underscore the need for a critical examination of the fairness and equity within the justice system.
According to Maher, the federal death penalty is undeniably flawed based on objective assessments. He highlights that certain death sentences were obtained during the racially biased crackdown on “superpredators” in the 1990s, and others were based on discredited “junk science” methods.
The extent of immediate vulnerability among men affected by Trump’s policies remains uncertain, given the varying stages of their litigation. However, there is growing concern among advocates of a potential chaotic rush driven by Trump’s justice department.
Spearheading the previous execution spree and authorizing the use of pentobarbital, Trump’s former attorney general, Bill Barr, offers little hope for issuing clemency grants or halting federal executions through his presidential authority.
Cassandra Stubbs, director of the ACLU Capital Punishment Project, expressed her belief that a potential second Trump administration may attempt to take shortcuts.
During her presidential campaign, Kamala Harris has chosen not to address the issue of the death penalty, despite her previous opposition to it.
This silence on the matter is in contrast to the Democratic party’s platform, which omitted a call to abolish capital punishment for the first time in 12 years. Although inquiries were made, the Harris campaign did not respond. In a different stance, Joe Biden implemented a moratorium on executions in 2021.
Karoline Leavitt, a spokesperson for the Trump campaign, chose not to address inquiries regarding Trump’s executions and his intentions for federal death row.
In an email response, Leavitt stated, “President Trump has consistently expressed his support for implementing the death penalty for drug dealers. He intends to fulfill this commitment upon being elected.”
‘I deserve to live’
Billie Allen, the defendant facing the possibility of execution, was found guilty of a bank robbery that took place in 1997, during which two individuals fatally shot a security guard. Allen was arrested hours later, while one suspect was apprehended at the scene.
According to his lawyers, Allen claims that he was shopping at a mall during the robbery. In support of his alibi, a mall guard informed the police that he saw Allen at that specific time.
Additionally, DNA tests revealed that the blood found at the crime scene did not match Allen’s. Moreover, despite the fact that the getaway car exploded, Allen tested negative for traces of gasoline. His lawyers argue that his trial attorney was ineffective in representing him.
A spokesperson from the US attorney’s office defended Allen’s conviction, stating that Allen confessed after his arrest and was identified by eyewitnesses in a lineup. The spokesperson also highlighted a 2001 appeals court ruling which stated that Allen was “primarily responsible” for firing the fatal shots.
According to Allen, he did not confess to the crime. An officer testified that he “threw away” notes from the supposed confession, and there were other eyewitnesses who described a suspect who did not resemble Allen.
“I have evidence of my innocence,” Allen expressed optimistically. “If someone in Biden’s administration takes a closer look at my case, I am confident that I will finally be able to return home. It has been 26 years since I was wrongfully convicted for a crime I did not commit.”
“But the system we are dealing with is flawed,” he continued, highlighting the recent Missouri execution of a man who prosecutors suggested was innocent.
Allen has dedicated his time in prison to writing and art, expressing his desire for people to reflect on his art and recognize that he documented the trauma he experienced on death row. He emphasizes that his art serves as a testament to his humanity, deserving of life and proclaiming his innocence.”
Allen carries deep emotional wounds from the executions under Trump’s administration. He vividly recalls the haunting moments of guards passing by his cell, leaving him in constant fear of being taken away and killed.
The loss of his close friends, whom he considers as his extended family, has taken an immeasurable toll on him. Witnessing their lives being mercilessly cut short, Allen reminisces about the laughter and smiles they shared, now forever lost to him.
Allen expressed his desire for people to acknowledge that death row defendants have the capacity for change. According to him, the majority of individuals in this situation strive to become better individuals for themselves, their loved ones, and their supporters.
Yvette Allen, the sister who has been advocating for his release, expressed the overwhelming stress caused by the high-stakes election: “There is no time to catch our breath. Each day feels urgent as we strive to ensure the world recognizes his innocence before it becomes too late.”