January 12, 2021:
A few minutes after the news of the Indiana federal judge who has suspended the execution of Lisa Montgomery, the site “themarshallproject.org/next-to-die” publishes a very short news that also the Federal Court of Appeals of Washington DC would have ordered a second suspension of execution. At the moment it has not been possible to find further information on this news, which the important US site places at 2.11 pm, 6 minutes after the news coming from Indiana. On December 26 (see NtC), Montgomery’s defenders had obtained from federal judge Randolph Moss (United States District Court for the District of Columbia, Washington) the cancellation of the January 12 execution date as it was set before a previous one expired. suspension ordered (see NTC 19 December) by Judge Moss himself. On 1 January (see NtC) the Federal Court of Appeal, in its “normal” composition, ie composed of 3 judges, had annulled Moss’s sentence, and Montgomery’s defenders had announced that they would appeal to the plenum of the same Court of Appeal. Now we learn that that Court of Appeal, it is not clear whether, retracing its steps or with a decision of the plenum, would have suspended the execution of Montgomery pending a hearing, set for the end of the month, in which the Court will address precisely the topic of how federal executions are fixed. If even this second suspension “holds”, Montgomery will probably escape execution, because on January 20 the new president of the United States, Biden, who has repeatedly declared himself against the death penalty, takes office as well as Vice President Harris.
(Sources: themarshallproject.org/next-to-die, 12/01/2021)