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1. While many want to blame this on the Trump Justice Deoartment and the conservative Supreme Court, it’s critical to understand this is the culmination of the actions of Bill Clinton, Bush, and Barack Obama as well. https://twitter.com/markberman/status/1283016795344052224">https://twitter.com/markberma...
2. Bill Clinton signed the 1994 law dramatically expanding the federal death penalty. And his DOJ led by Attorney General Janet Reno prosecuted the case of the man executed tonight. There was nothing that required it be prosecuted in federal court rather than state court.
3. And there was nothing that required the the Clinton DOJ to seek death. After a five+ year prosecution, the death sentence was finally achieved in this case after Bush took office, while John Ashcroft was AG. They could have abandoned the effort to obtain death. They didn’t.
4. Bush and Obama’s DOJ defended the death sentence in court for more than a decade. Alberto Gonzalez. Mike Mukasey. Eric Holder. Loretta Lynch all could have abandoned the effort, settled the case with an LWOP sentence, but they continued to press for the death penalty.
5. Furthermore, all three of the presidents could have commuted the sentence. They had absolute unreviewable power to reduce the sentence to LWOP. They chose not to use it.
6. In particular, after Trump was elected, before Obama left office, Obama was asked to reduce the sentence in the case of the people on federal death row. Advocates pointed out that Trump surely would move forward and begin to execute the people on federal death row.
7. Obama’s counsel mocked the advocates — suggesting there was zero chance Obama would even consider the matter. And indeed Obama left the death sentences in place.
8. So as much as people want to pin this on Trump or Bill Barr or Jeff Sessions or John Roberts, instead it’s critical to see this as the culmination of 30 years of bipartisanship in Washington DC. Clinton. Bush. Obama. Reno. Mukasey. Holder. They all caused this.
9. In any event, regarding the part of this decades-long effort that took place last night/this morning, I recommend this thread by @chrisgeidner who you should follow for all news regarding courts and the death penalty. (And for other stuff as well). https://twitter.com/chrisgeidner/status/1283033498295599107?s=21">https://twitter.com/chrisgeid... https://twitter.com/chrisgeidner/status/1283033498295599107">https://twitter.com/chrisgeid...
