The Army has prepared for the possibility of carrying out executions of the military’s death row prisoners if President Donald Trump approves them.
The plan would apply to the military’s four death row inmates and would mark the first U.S. military execution in more than six decades if carried out, according to an internal planning document first reviewed by ABC News. The outlet reported earlier this month that said document is called “Operation Resolute Justice” and was internally issued within the Army this past February.
“Exercises regarding this operation have been conducted regularly for the past 20 years,” Cynthia Smith, an Army spokesperson, told ABC News, adding in early June that no orders had been handed down by Trump. “These drills are a standard component of our continued planning and preparation if the president approves a death sentence,”
The main holdup is built into military law. Article 71 of the Uniform Code of Military Justice says a court-martial death sentence “may not be executed until approved by the president,” and it also bars execution until appellate review produces a final judgment on the legality of the proceedings. That requirement explains why military death sentences can sit for decades after trial.
Ronald Gray, sentenced to death in 1988 for murders and rapes near Fort Bragg, had an approved execution date set for Dec. 10, 2008, but a federal court stayed the execution on Nov. 26, 2008.
The last U.S. military execution occurred April 13, 1961, when Army Pvt. John A. Bennett was hanged after being convicted of rape and attempted murder.
Ronald Gray, Hasan Akbar, Timothy Hennis and Nidal Hasan are prisoners currently sentenced to death in the military system. They were imprisoned based on the following crimes:
- Gray was convicted by general court-martial of 14 charges, including premeditated murder, attempted murder and three rapes.
- Akbar was sentenced to death in 2005 after a grenade and shooting attack killed Army Capt. Christopher Seifert and Air Force Maj. Gregory Stone and wounded 14 other soldiers in Kuwait in 2003.
- Hennis was sentenced to death in 2010 after a military trial for a 1985 triple murder.
- Hasan was sentenced to death in 2013 after killing 13 people at Fort Hood in 2009.
What the Army Is Preparing
The Army plan is called “Operation Resolute Justice” and involves coordination with the Federal Bureau of Prisons for possible executions at the federal prison complex in Terre Haute, Ind.
The plan outlines procedures for transferring condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kan., to Terre Haute, arranging a viewing station for witnesses and coordinating with federal prison officials. Terre Haute has housed all the federal government’s executions since 2001.
The Army’s preparations come as capital punishment has regained prominence at the federal level. During his first term, President Donald Trump oversaw 13 federal executions between July 2020 and January 2021, ending a 17-year pause in federal executions.
Since returning to office, Trump has again emphasized support for the death penalty, signing an executive order on the first day of his second term, titled “Restoring the Death Penalty and Protecting Public Safety,” directing the attorney general to ensure that laws authorizing capital punishment are pursued and implemented.
Although military executions operate under a separate legal system, no military death sentence can be carried out unless it receives presidential approval.
Read the full article here