Emerging Issues in Federal Death Penalty Litigation episode artwork

EPISODE · Jan 27, 2026 · 1H 1M

Emerging Issues in Federal Death Penalty Litigation

from FedSoc Forums · host The Federalist Society

Recent federal prosecutions have renewed attention on the administration and future of the federal death penalty. This panel brings together experienced capital litigators to examine the evolving legal, institutional, and practical landscape facing federal practitioners.Panelists will address issues including the use of commutations and clemency, charging and authorization protocols in capital cases, litigation strategies unique to federal death-eligible prosecutions, and the interaction between federal and state capital regimes. The discussion will situate current high-profile cases within broader doctrinal and policy trends, assessing how differing approaches across recent administrations have shaped prosecutorial discretion, defense strategy, and judicial oversight in capital litigation.The panel will also provide forward-looking perspectives on where federal death penalty practice may be headed, including implications for future administrations and for capital litigation nationwide.Featuring:Prof. David I. Bruck, Professor of Law, Emeritus, Washington and Lee University School of LawSteve Mellin, Retired Assistant United States AttorneyJohnny Sutton, Partner, Ashcroft(Moderator) James M. Trusty, Member, Ifrah Law

Recent federal prosecutions have renewed attention on the administration and future of the federal death penalty. This panel brings together experienced capital litigators to examine the evolving legal, institutional, and practical landscape facing federal practitioners.Panelists will address issues including the use of commutations and clemency, charging and authorization protocols in capital cases, litigation strategies unique to federal death-eligible prosecutions, and the interaction between federal and state capital regimes. The discussion will situate current high-profile cases within broader doctrinal and policy trends, assessing how differing approaches across recent administrations have shaped prosecutorial discretion, defense strategy, and judicial oversight in capital litigation.The panel will also provide forward-looking perspectives on where federal death penalty practice may be headed, including implications for future administrations and for capital litigation nationwide.Featuring:Prof. David I. Bruck, Professor of Law, Emeritus, Washington and Lee University School of LawSteve Mellin, Retired Assistant United States AttorneyJohnny Sutton, Partner, Ashcroft(Moderator) James M. Trusty, Member, Ifrah Law

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Emerging Issues in Federal Death Penalty Litigation

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This episode was published on January 27, 2026.

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Recent federal prosecutions have renewed attention on the administration and future of the federal death penalty. This panel brings together experienced capital litigators to examine the evolving legal, institutional, and practical landscape facing...

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