24 January 2025 :

January 22, 2025 - USA. Trump suggests state death penalty for those commuted by Biden. Is that possible?
Legal experts weighed in on whether or not the 37 inmates formerly on death row could be sentenced to death again.
John Blume, an attorney who has argued 8 cases in front of the Supreme Court and is director of the Cornell Death Penalty Project, said it is possible for some of the inmates to be sentenced to death for a state crime, but it is highly unlikely.
“In theory if they committed the crimes in a state that has the death penalty as a matter of state law, those states could seek the death penalty,” Blume told McClatchy News. “But, even in those jurisdictions many of the cases are old, the original state prosecutors are gone and I think it unlikely it will happen in any significant number of cases.”
“It’s unlikely that state prosecutors would decide to seek state death sentences for any of the 37 people who have already been resentenced to life without the possibility of parole,” Robin Maher, executive director of the Death Penalty Information Center, told McClatchy News.
“I can’t imagine why any state prosecutor would divert resources that address the current needs of their community to instead pursue death sentences for decades-old crimes against people who do not pose any safety concerns.”
Freedman, who focuses on the death penalty at Hofstra, says not every one of the 37 federal inmates would have a viable case at the state level. Prosecution of a federal inmate at the state level would have to not violate a state’s double jeopardy laws and be within the statute of limitations, he said.

https://www.miamiherald.com/news/nation-world/national/article298996525.html