Death penalty opponents have long argued Biden has done little to fulfill his campaign promise and want him to commute sentences of those on federal death row. During his presidency, the Justice Department has fought vigorously in courts to maintain the sentences of death row inmates, an Associated Press review of dozens of legal filings found. And while the moratorium on federal executions Garland announced in 2021 means no federal inmates will be put to death while it’s in place, there have been no public signs that a review of execution policies that he ordered at the same time is nearing completion.

In Buffalo, the victims’ loved ones have had different feelings on whether they thought prosecutors should pursue the death penalty. The death penalty decision-making process calls for a lengthy review involving the U.S. Attorney overseeing the case and a review committee.

“Garland is extremely exacting and meticulous and nonpartisan and careful,” Berger said. “Whether or not you agree with his ultimate decision, he’s going to play the process exactly by the book.”

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