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Trump's New Executive Order to Expand the Death Penalty Misses Key Details

The Marshall Project

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    The Marshall Project's legal analysis explains that a presidential death-penalty directive does not create new capital crimes and that federal jurisdiction and statutory eligibility constrain prosecutors; the September D.C. instruction therefore changes charging policy only within those existing limits.

    Analysis of jurisdictional, statutory, and implementation limits on executive death-penalty policy

    D.C. death-penalty instruction cannot create a capital offense or erase charging limits · Charging directive remains bounded by capital statutes, jurisdiction, and case-specific judicial review.