The new filing undermines what President Biden has publicly said about his support for ending the death penalty.
“The jury carefully considered each of respondent’s crimes and determined that capital punishment was warranted for the horrors that he personally inflicted,” acting Solicitor General Elizabeth Prelogar said in the brief,Lawyers for Tsarnaev, 27, have previously argued that their client was less responsible for the attack than his brother, Tamerlan Tsarnaev, who they said was the mastermind behind setting off two bombs at the marathon finish line.
The new DOJ filing to the Supreme Court undermines what Biden has publicly said about ending the death penalty. Experts like David Bruck, a veteran death penalty defense lawyer,that Biden’s administration should be focused on directing the Justice Department to stop seeking and defending death sentences in federal cases.
“The new administration should not be working to fill up the death row cells that have been emptied by this execution spree,” Bruck said at the time. “They should stop the machinery of death within the Justice Department.”on Tuesday that the Justice Department “has independence regarding such decisions” about federal death penalty cases, but reiterated Biden’s supposed opposition to capital punishment.
“President Biden has made clear that he has deep concerns about whether capital punishment is consistent with the values that are fundamental to our sense of justice and fairness,” Bates told the publication.
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