U.S. federal death penalty protocol faces fresh legal scrutiny

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U.S. federal death penalty protocol faces fresh legal scrutiny
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Plans by President Donald Trump's administration to resume executions of in...

WASHINGTON - Plans by President Donald Trump’s administration to resume executions of inmates sentenced to death for federal crimes is set to face a stiff court challenge, but a judge’s decision on the legality of its new protocol for lethal injections may come too late for five men scheduled to die starting in December.

None of the seven federal death row inmates who are plaintiffs in the lawsuit were among the five selected by Barr for execution, though the legal questions raised in the litigation are directly relevant to those men. Enzinna said he is planning on Thursday to file a response for Chutkan, an appointee of Democratic former President Barack Obama, to review after the Justice Department last week notified the court of its new protocol as part of the case.

The death penalty policy disclosed last week was the administration’s latest announcement appealing to Trump’s conservative political base as he seeks re-election in 2020. “If they really wanted to explore and give oversight, and throw some sunshine on this process, they would have done what the court expected them to do,” said Ruth Friedman, who is helping represent Lee as director of the Federal Capital Habeas Project, part of the Federal Defender program that provides lawyers in certain death penalty cases when defendants cannot afford counsel.

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