first term

WASHINGTON — The Justice Department will adopt firing squads as a permitted method of execution as the Trump administration moves to ramp up and expedite capital punishment cases, officials said Friday.

The Justice Department is also reauthorizing the use of single-drug lethal injections with pentobarbital that were used to carry out 13 executions during the first Trump administration — more than under any president in modern history. The Biden administration had removed pentobarbital from the federal protocol over concerns about the potential for unnecessary pain and suffering.

The moves were announced as part of a broader push to step up federal executions after a moratorium under the Biden administration. Only three defendants remain on federal death row after Democratic President Biden converted 37 sentences to life in prison, though the Trump administration has so far authorized seeking death sentences against 44 defendants.

“The prior administration failed in its duty to protect the American people by refusing to pursue and carry out the ultimate punishment against the most dangerous criminals, including terrorists, child murderers, and cop killers,” Acting Atty. Gen. Todd Blanche said in a statement. “Under President Trump’s leadership, the Department of Justice is once again enforcing the law and standing with victims.”

The federal government has not previously included firing squad as a method of execution in its protocols, according to the Death Penalty Information Center. Five states currently allow executions by firing squad: Idaho, Mississippi, Oklahoma, South Carolina, and Utah.

The pentobarbital protocol was adopted by William Barr, attorney general during Trump’s first term, to replace a three-drug mix used in the 2000s, the last time federal executions were carried out before Trump’s first term in office.

Atty. Gen. Merrick Garland in the final days of the Biden administration withdrew the pentobarbital lethal injection policy after a government review of scientific and medical research found there remains “significant uncertainty” about whether its use causes unnecessary pain and suffering.”

In 2020, under Barr’s leadership, the Justice Department published a rule in the Federal Register to allow the federal 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 and inhalation of nitrogen gas.

The Trump administration, in a report released Friday, said the Biden administration “got the standard and the science wrong.” The Biden administration’s findings, among other things, “failed to address the overwhelming evidence” that a person injected with pentobarbital “quickly loses consciousness — rendering him unable to experience pain,” the report said.

Currently on death row are are Dylann Roof, who carried out the 2015 slayings of nine Black members of Mother Emanuel AME Church in Charleston, S.C.; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of Life synagogue in 2018, the deadliest antisemitic attack in U.S history.

Richer writes for the Associated Press.

WASHINGTON — The Justice Department has settled for roughly $1.2 million a lawsuit from Michael Flynn, the former national security advisor to President Trump who pleaded guilty during the Republican’s first term to lying to the FBI about his conversations with a top Russian diplomat and was later pardoned.

Court papers filed Wednesday do not reveal the settlement amount, but a person familiar with the matter, who spoke to the Associated Press on condition of anonymity to disclose nonpublic information, confirmed the total as about $1.2 million.

The settlement resolves a 2023 lawsuit in which Flynn sought at least $50 million and asserted that the criminal case against him amounted to a malicious prosecution. It also represents a stark turnabout in position for a Justice Department that during the Biden administration had pressed a judge to dismiss Flynn’s complaint. Atty. Gen. Pam Bondi, a former personal lawyer for the president, has openly criticized the Russia investigation in which Flynn was charged and the Justice Department in the last year has opened investigations into former officials who participated in that inquiry.

The Justice Department cast the settlement as an “important step in redressing” what it says was a “historic injustice” of the Russia investigation that shadowed Trump for much of his first term.

“This Department of Justice will continue to pursue accountability at all levels for this wrongdoing. Such weaponization of the federal government must never be allowed to happen again,” a spokesperson said.

In a separate statement, Flynn said: “Nothing can fully compensate for the hell that my family and I have endured over these many years — the relentless attacks, the destruction of reputations, the financial ruin, and the profound personal toll inflicted upon us all. No amount of money or formal resolution can erase the pain caused by a prosecution that should never have been brought.”

The settlement is the latest turn in the long-running legal saga involving Flynn, one of six Trump associates charged as part of special counsel Robert Mueller’s investigation into potential ties between Russia and Trump’s 2016 presidential campaign. That investigation found Russia interfered in the election on Trump’s behalf and that the Trump campaign eagerly welcomed the help, but it ultimately found insufficient evidence of a criminal conspiracy.

Flynn, a retired Army lieutenant general who vigorously campaigned at Trump’s side, served for weeks as his first national security advisor before being pushed out of his position. He remained a Trump ally even after agreeing to cooperate with Mueller’s team. He was pardoned in the final weeks of the president’s first term.

Flynn pleaded guilty in December 2017 to lying to the FBI when he said he had not discussed with the Russian envoy, Sergey Kislyak, sanctions that the outgoing Obama administration had just imposed on Russia for election interference. During that conversation, Flynn advised that Russia be “even-keeled” in response to the punitive measures, and assured him “we can have a better conversation” about relations between the countries after Trump became president.

The conversation alarmed the FBI, which at the time was investigating whether the Trump campaign and Russia had coordinated to sway the election. In addition, White House officials were stating publicly that Flynn and Kislyak had not discussed sanctions, which the FBI knew was untrue.

Flynn was ousted from his position in February 2017 after news broke that Obama administration officials had warned the White House that Flynn had indeed discussed sanctions with Kislyak and was vulnerable to blackmail. He pleaded guilty months later to a false statement charge.

But Flynn later sought to withdraw his guilty plea, saying federal prosecutors had acted in “bad faith” and broken their end of the bargain when they sought prison time for him.

The Justice Department in 2020 moved to dismiss the case, asserting that the FBI had no basis to interview Flynn about Kislyak and that any statements he made during the interview were not material to the FBI’s broader counterintelligence probe.

Flynn was pardoned by Trump in November 2020, ending the court case and the legal wrangling.

In his lawsuit, Flynn maintained his innocence and said he was targeted by the “virulently anti-Trump leadership” of the FBI’s Russia investigation. He contended that investigators pursued him despite knowing there was no evidence of a crime and coerced his guilty plea.

“He was falsely branded as a traitor to his country, lost at least tens of millions of dollars of business opportunities and future lifetime earning potential, was maliciously prosecuted and spent substantial monies in his own defense,” says the lawsuit, adding that Flynn will continue to suffer “mental and emotional pain.”

Tucker and Richer write for the Associated Press.