This Presidential Memorandum directs the Attorney General and the United States Attorney for the District of Columbia to fully enforce all applicable Federal laws concerning capital punishment within the District of Columbia, specifically mandating the pursuit of the death penalty in all cases where the evidence and relevant factors justify a sentence of death for especially aggravated crimes.
The action frames this enforcement as a continuation of efforts to enhance public safety following the declaration of a crime emergency in the nation's capital.
Arguments For
Capital punishment serves as an essential deterrent and punishment for the most reprehensible crimes involving grotesque and lethal violence against innocent Americans, as provided under federal law (18 U.S.C. 3591(a)).
This enforcement aligns with the Administration's prior stated priority, established in Executive Order 14164, to restore Federal capital punishment.
Direct enforcement supports the stated goal of addressing the crime emergency declared in the District of Columbia, as referenced in Executive Order 14333, contributing to the ongoing effort to enhance public safety.
Arguments Against
The directive mandates seeking the death penalty in all appropriate cases, which may lead to increased litigation and resource allocation for complex capital cases within the D.C. justice system.
Aggressive pursuit of federal jurisdiction might be seen as overriding or complicating local D.C. criminal justice processes, potentially causing jurisdictional friction.
The memorandum explicitly creates no substantive or procedural rights enforceable by any party against the government, which could lead to questions regarding procedural fairness in its application.
MEMORANDUM FOR THE ATTORNEY GENERAL
THE UNITED STATES ATTORNEY FOR THE DISTRICT
OF COLUMBIA
SUBJECT: Enforcing the Death Penalty Laws in the
District of Columbia to Deter and Punish
the Most Heinous Crimes
By the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct:
The directive formally addresses the Attorney General and the United States Attorney for the District of Columbia regarding the enforcement of death penalty laws for the most severe crimes in D.C. The instructions are issued under the President's constitutional and statutory authority.
Section 1. Background. Federal law provides for the death penalty for criminals found guilty of especially aggravated crimes (18 U.S.C. 3591(a)). Capital punishment is an essential part of how our justice system deters and punishes the most reprehensible crimes that often involve grotesque and lethal violence against innocent Americans.
Restoring Federal capital punishment has been a priority for my Administration since its first day under Executive Order 14164 of January 20, 2025 (Restoring the Death Penalty and Protecting Public Safety).
This priority warrants particular emphasis given the public safety threats in our Nation’s capital, as described in Executive Order 14333 of August 11, 2025 (Declaring a Crime Emergency in the District of Columbia). My Administration has undertaken numerous successful actions to address the emergency declared and to protect public safety, as a result of which crime in the District of Columbia has fallen dramatically in recent weeks. Faithful implementation of the capital punishment laws will be part of this continuing work.
This section establishes the legal foundation, noting that federal law permits the death penalty for exceptionally serious crimes.
It frames capital punishment as a necessary tool for deterrence against violent acts.
Furthermore, it connects this enforcement directive to the Administration's established priorities regarding restoring the federal death penalty and addressing the declared crime emergency in D.C. through Executive Order 14333.
Sec. 2. Enforcing the Law Relating to Capital Punishment. (a) The Attorney General and the United States Attorney for the District of Columbia shall fully enforce Federal law with respect to capital punishment in the District of Columbia by seeking the death penalty in all appropriate cases where, following full examination of the evidence and other relevant information, the applicable factors justify a sentence of death.
(b) The Attorney General and the United States Attorney for the District of Columbia shall, to the maximum degree practicable, pursue Federal jurisdiction with respect to cases involving crimes committed in the District of Columbia for which the death penalty is available under Federal law.
The core directive instructs the Attorney General and the D.C. U.S. Attorney to ensure complete enforcement of federal capital punishment statutes in the District.
Specifically, they must seek the death penalty whenever evidence and justification criteria allow.
Additionally, officials must seek federal jurisdiction over D.C. crimes whenever the death penalty is federally applicable for those offenses, maximizing the use of federal legal tools.
Sec. 3. General Provisions. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
This boilerplate provision clarifies that the memorandum does not establish any enforceable legal rights or benefits for any individual or entity against the government.
It serves to limit judicial review or claims based solely on the issuance of this directive regarding procedure or substance.
DONALD J. TRUMP
This identifies the President who issued the memorandum.