No action or words on automatic death penalty for cop killers

During the campaign, President Donald Trump promised to create an executive order that would impose death penalties for cop killers.

He passed his 100th day in office without any movement on this pledge.

One explanation: It's a very complicated idea with substantial legal barriers.

The death penalty is legal at the federal level and sentencing is a matter of congressional legislation, not presidential decree. It is unclear how Trump's potential executive action could be used to impose the death penalty.  

There are no federal or state laws that say prosecutors must seek the death penalty.

Recently a case in Florida highlighted how these decisions play out on the local and state levels.

Gov. Rick Scott removed an Orlando prosecutor, Aramis D. Ayala, from a high-profile case involving an accused cop killer, Markeith Loyd, after Ayala said she would not pursue the death penalty in murder cases.

The U.S. Supreme Court has also banned all state laws that make executions mandatory for murders, saying a requirement of prosecutors is unconstitutional.

In order for Trump to impose a death penalty for cop killers, he would need to overturn the Supreme Court ruling.  It is unlikely that he would be able to implement this action. We rate this promise Stalled.