Dayton Daily News

DOJ would take halted executions to high court

- By Michael Balsamo and Colleen Long

— Attorney WASHINGTON

General William Barr told The Associated Press on Thursday that he would take the Trump administra­tion’s bid to restart federal executions after a 16-year hiatus to the Supreme Court if necessary.

Barr’s comments came hours after a district court judge temporaril­y blocked the administra­tion’s plans to start executions next month. The administra­tion is appealing the decision, and Barr said he would take the case to the high court if Thursday’s ruling stands.

He said the five inmates set to be executed are a small portion of 62 death row inmates.

“There are people who would say these kinds of delays are not fair to the victims, so we can move forward with our first group,” Barr said aboard a government plane to Montana, after he met with local and federal law enforcemen­t officials in Cleveland.

The attorney general unexpected­ly announced in July that the government would resume executions next month, ending an informal moratorium on federal capital punishment as the issue receded from the public domain.

Some of the chosen inmates challenged the new procedures in court, arguing that the government was circumvent­ing proper methods in order to wrongly execute inmates quickly.

U.S. District Judge Tanya S. Chutkan put the cases on ice while the challenge plays out. She said in a Wednesday evening ruling that the public is not served by “short-circuiting” legitimate judicial process.

Her ruling temporaril­y postpones four of the five scheduled executions beginning next month; the fifth had already been halted. It’s possible the government could win an appeal in time to begin executions Dec. 9, but that would be an unusually fast turnaround.

The government has put to death only three defendants since restoring the federal death penalty in 1988, most recently in 2003, when Louis Jones was executed for the 1995 kidnapping, rape and murder of a young female soldier.

In 2014, following a botched state execution in Oklahoma, President Barack Obama directed the Justice Department to conduct a broad review of capital punishment and issues surroundin­g lethal injection drugs.

Barr said in July that the Obama-era review had been completed, clearing the way for executions to resume.

He approved a new procedure for lethal injections that replaces the three-drug combinatio­n previously used in federal executions with one drug, pentobarbi­tal. This is similar to the procedure used in several states, including Georgia, Missouri and Texas, but not all.

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