Comprehensive Account Unveiled Regarding the 13 Federal Executions During Trump’s Final Months in Office

On the eve of the federal execution of a man from Texas, Brandon Bernard, who was convicted for the murder of an Iowa couple, noted attorney Alan Dershowitz made an impassioned appeal to former President Donald Trump. In a phone call on December 9, 2020, Dershowitz argued that Bernard, now 40, had changed considerably since the 1999 killings of Todd and Stacie Bagley and deserved a commuted sentence to life imprisonment.

Trump conveyed what appeared to be genuine regret but expressed that he had already committed to the execution proceeding, citing the Bagley family’s expectation and their journey to the federal prison in Terre Haute, Indiana, where the execution was slated to happen. Bernard was executed the following day.

The series of 13 federal executions, conducted during the last half-year of Trump’s presidency, operated under a veil of secrecy. Although journalists were permitted to witness the events, an understanding of the internal dynamics remained elusive. Recent disclosures, including comments from Dershowitz to The Big Big News, have shed light on how due process was sometimes skirted, and how a compliant Supreme Court enabled the executions, despite questions about their appropriateness.

Additional revelations include autopsy findings for Corey Johnson, convicted for multiple drug-related homicides, which revealed that Johnson suffered from pulmonary edema, a condition similar to drowning, during his execution.

Though President Joe Biden has instituted a moratorium on federal executions, the cessation is not permanent and could be reversed. Experts such as Robert Dunham, an adjunct professor at Temple Law School specializing in capital punishment, argue that history might repeat itself if a pro-death penalty candidate prevails in the 2024 presidential elections.

The first federal executions in 17 years did not initially cause significant concern among inmates, according to prisoner Billie Allen. But activities in 2019 signaled that executions were on the horizon, and many inmates realized that Trump would continue to enforce the death penalty until the end of his term.

Contrary to public perception that Trump spearheaded the resurrection of federal executions, Bill Barr, the Attorney General during the period, indicated in his 2022 book that it was his initiative. Barr contended that he had one conversation with Trump about the death penalty, in which Trump seemed satisfied with Barr’s rationale that capital punishment was the only fitting consequence for heinous crimes.

Barr approved the use of pentobarbital for the executions in 2019, despite evidence suggesting it could cause pulmonary edema. Inmates were gripped with fear when guards would enter death row to inform an inmate that the warden wished to speak, a phrase indicating an upcoming execution.

Bernard’s case was particularly complex. Although he was convicted for his role in a brutal kidnapping and murder, his actual involvement was subject to dispute. Despite this, he was executed, a decision that continues to haunt those who advocated for clemency, including Dershowitz.

Many legal experts, such as Robin Maher, director of the Death Penalty Information Center, argue that numerous executions should have been halted due to considerations like mental health.

The Supreme Court rejected Bernard’s last-minute appeal without elaboration. Justice Sonia Sotomayor, in her dissent, contended that there should have been more scrutiny concerning the portrayal of Bernard’s gang involvement by prosecutors.

After Bernard was executed at 9:27 p.m., Dershowitz expressed his profound sorrow. Reflecting on the tragic outcome, he lamented that had he spoken to Trump earlier, he might have been able to prevent the execution.

This comprehensive account is based on the reporting of Tarm, who witnessed 10 of the 13 federal executions.

Frequently Asked Questions (FAQs) about Federal Executions

More about Federal Executions

• Federal Executions in the United States
• Alan Dershowitz Biography
• U.S. Supreme Court Decisions
• Justice Department Announces Moratorium on Federal Executions
• Death Penalty Information Center
• Trump’s Final Months and Capital Punishment
• Bill Barr’s Role in Capital Punishment
• Biden’s Stance on the Death Penalty
• Corey Johnson Autopsy Report