WASHINGTON -- The Justice Department is quietly amending its execution protocols, no longer requiring federal death sentences to be carried out by lethal injection and clearing the way to use other methods like firing squads and poison gas.
The amended rule, published Friday in the Federal Register, allows the U.S. government to conduct executions by lethal injection or use "any other manner prescribed by the law of the state in which the sentence was imposed." A number of states allow other methods of execution, including electrocution, inhaling nitrogen gas or death by firing squad.
It remains unclear whether the Justice Department will seek to use any methods other than lethal injection for executions in the future. The rule -- which takes effect Dec. 24 -- comes as the Justice Department has scheduled five executions during the lame-duck period, including three just days before President-elect Joe Biden takes office.
A Justice Department official said the change was made to account for the fact that the Federal Death Penalty Act requires sentences be carried out "in the manner prescribed by the law of the state in which the sentence is imposed," and some of those states use methods other than lethal injection.
The official said the federal government "will never execute an inmate by firing squad or electrocution unless the relevant state has itself authorized that method of execution."
The official said two executions scheduled in December would be done by lethal injection but didn't provide information about three others scheduled in January. The official spoke on condition of anonymity to discuss the department protocols.
The change is likely to set off intense criticism from Democrats and death penalty opponents, as the administration tries to push through a number of rule changes before President Donald Trump leaves office. A spokesperson for Biden said earlier this month that the president-elect "opposes the death penalty now and in the future" and would work to end its use. But he did not say whether executions would be paused immediately once Biden takes office.
Trump has spoken often about capital punishment and his belief that executions serve as an effective deterrent and an appropriate punishment for some crimes, including mass shootings and the killings of police officers.
Attorney General William Barr restarted federal executions this year after a 17-year hiatus. The Justice Department this year has put to death more people than during the previous half-century, despite waning public support for the penalty's use among both Democrats and Republicans.
All states that use the death penalty allow lethal injection -- and that is the primary method in all states where other methods are allowed, according to data compiled by the nonprofit Death Penalty Information Center. As lethal injection drugs become difficult to obtain, some states have begun looking at alternative methods. Alabama joined Oklahoma and Mississippi in 2018 approving the use of nitrogen gas, allowing the state to asphyxiate condemned inmates in some cases.
In some states, inmates can choose the method of their execution. In Florida, for example, an inmate can ask to be put to death by electrocution, and in Washington state, inmates can ask to be put to death by hanging. In Utah, prisoners sentenced before May 2004 can choose a firing squad. The law there also authorizes a firing squad if lethal injection drugs aren't available.
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 2019 that the review had been completed, allowing executions to resume, and approved a new procedure for lethal injections that replaced the three-drug combination previously used in federal executions with one drug, pentobarbital. The one-drug protocol is similar to the procedure used in several states, including Georgia, Missouri and Texas.
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US rule to allow more methods for executions - Northwest Arkansas Democrat-Gazette
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