A federal judge has issued a temporary block on the Trump administration's controversial plan to transfer twenty former death row inmates to the United States' highest security federal prison. U.S. District Judge Timothy Kelly ruled late Wednesday that the government cannot proceed with moving these inmates to the notorious "Supermax" facility in Florence, Colorado, as it likely violates their Fifth Amendment rights to due process.
Judge Cites Political Motivation in Transfer Decision
In his ruling, Judge Kelly pointed to evidence suggesting officials from the Republican administration had explicitly instructed the federal Bureau of Prisons to send the inmates to ADX Florence—the administrative maximum security prison—as punishment. This directive came after Democratic President Joe Biden had commuted their death sentences to life imprisonment.
"At least for now, they will remain serving life sentences for their heinous crimes where they are currently imprisoned," wrote Kelly, who was originally nominated to the bench by President Donald Trump himself.
Background of the Commutations and Executive Order
The legal battle stems from events in December 2024, when President Biden commuted the sentences of thirty-seven out of forty individuals on federal death row, converting their punishments to life imprisonment. This occurred less than a month before Trump returned to the White House for his subsequent term.
On his first day back in office, Trump issued an executive order directing Attorney General Pam Bondi to ensure these thirty-seven inmates were housed "in conditions consistent with the monstrosity of their crimes and the threats they pose." Twenty of these inmates are plaintiffs in the lawsuit before Judge Kelly, who has now issued a preliminary injunction blocking their transfers to Florence while the case proceeds.
Due Process Concerns and Prison Conditions
Judge Kelly concluded that the inmates had not been given a meaningful opportunity to challenge their redesignations, as the review process appeared predetermined. "But the Constitution requires that whenever the government seeks to deprive a person of a liberty or property interest that the Due Process Clause protects—whether that person is a notorious prisoner or a law-abiding citizen—the process it provides cannot be a sham," Kelly emphasized in his written decision.
All plaintiffs were incarcerated in Terre Haute, Indiana, at the time of Biden's commutations. Government lawyers argued that the Bureau of Prisons holds broad authority to decide facility placements post-commutation. However, the judge's ruling highlights significant constitutional concerns.
Notorious Reputation of ADX Florence
The Florence prison, often referred to as Supermax, has housed some of the most infamous criminals in federal custody. Notable inmates have included Unabomber Ted Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev, and Mexican drug lord Joaquín "El Chapo" Guzmán.
Plaintiffs' lawyers describe harsh conditions at the facility, where inmates typically live in solitary confinement, eating meals and showering in cells roughly the size of a standard parking space. Government attorneys countered that other courts have previously ruled such conditions do not constitute objectively cruel and unusual punishment.
This legal standoff underscores ongoing tensions between executive actions and constitutional protections, with the judge's injunction ensuring the twenty inmates remain in their current locations as the lawsuit continues to unfold.
