A federal judge in the United States of America stated that the Department of Justice illegally rescheduled the execution of the only woman on federal death row in the country, which may mean that the Trump administration set an execution date at a later time that coincides with the assumption of Joe Biden in power.
If this were to happen, the sentence could be overturned due to Badin’s position on the death penalty.
Her execution, which was scheduled for this month also in Indiana, was postponed due to the defendant’s lawyer, who was infected with the Coronavirus, and who applied for an extension of the time period for the execution of the sentence in order to seek pardon for his client.
Moss banned the prison officials from carrying out the execution of Lisa Montgomery before the end of the year, and officials have rescheduled her execution date to January 12.
Judge Moss said, “The court concluded that the order of the director – prisons – that set a new date for implementation while the court’s suspension was in effect was not according to the law.”
A spokesman for the Ministry of Justice did not immediately respond to a request for comment, according to what was reported by the Associated Press.
Under the judge’s decision, the Prison Office cannot reschedule Montgomery’s execution until at least January 1, and those sentenced to death must be notified at least 20 days before the execution, as required by law.
And if the Justice Department chooses to reschedule the date in January, that means that the implementation date will be set after Biden’s inauguration on January 20.
A Biden spokesperson told the Associated Press that the president-elect opposes the death penalty now and in the future and will act as president to end its use in the office.
While Biden representatives did not say whether the executions would stop immediately once Biden took office or not.
Montgomery was found guilty of killing a 23-year-old pregnant woman in Missouri State in 2004 before she used a knife to extract the fetus from the victim’s womb.