Story · May 1, 2026

Justice Department issues death-penalty changes, then returns Comey indictment four days later

Event-based reporting on two separate DOJ actions, corrected for chronology and Confidence 5/5
★★☆☆☆Fuckup rating 2/5
Noticeable stumble Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: No public correction needed. The April 28 indictment came after the April 24 death-penalty announcement.

The Justice Department took two separate public actions this week, and they were not part of the same announcement.

On Friday, April 24, 2026, the department said it was changing federal death-penalty policy. In its release, the department said it was readopting the execution protocol used during President Donald Trump’s first term, expanding that protocol to include additional methods such as the firing squad, and streamlining internal capital-case procedures. It also said it had rescinded the Biden-Garland moratorium on federal executions and authorized seeking death sentences against 44 defendants. The department said the changes were meant to restore what it called the lawful use of capital punishment. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-takes-actions-strengthen-federal-death-penalty?utm_source=openai))

Then, on Tuesday, April 28, 2026, a federal grand jury in the Eastern District of North Carolina returned an indictment charging former FBI Director James Comey with making threats to harm President Donald Trump. The Justice Department said the indictment includes two counts: one under 18 U.S.C. § 871, alleging a threat against the president, and one under 18 U.S.C. § 875(c), alleging an interstate threat to injure another person. Prosecutors say the case stems from a May 15, 2025 Instagram post showing “86 47.” The indictment says a reasonable recipient familiar with the circumstances would interpret the post as a serious threat; it also says Comey is presumed innocent unless proved guilty. ([justice.gov](https://www.justice.gov/opa/pr/federal-grand-jury-indicts-former-fbi-director-james-comey-threats-harm-president-trump?utm_source=openai))

The timeline matters here. The death-penalty policy announcement came on April 24. The Comey indictment came on April 28. They were different actions, on different dates, with no official indication that one was part of the other. ([justice.gov](https://www.justice.gov/opa/pr/justice-department-takes-actions-strengthen-federal-death-penalty?utm_source=openai))

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