Critics say Donald Trump has taken a hard-line stance on constitutional issues. The Trump administration has faced criticism over its handling of death row inmates whose sentences were commuted by former President Joe Biden.
It is unclear whether Trump aims to position himself as a leader with zero tolerance for violent crime or whether his decisions are influenced by his ongoing political feud with Biden.
Trump lashed out, saying, “The 37 most violent criminals, who killed, raped, and plundered like virtually no one before them,” and added, “but were just given, incredibly, a pardon by Sleepy Joe Biden. I refuse to wish a Merry Christmas to those lucky ‘souls’ but, instead, will say, GO TO HELL!” He has been lauded by some victims’ families for his punitive measures.
Attorney General Pam Bondi posted on X, “Joe Biden’s last-minute commutations of death row prisoners are a stain on our justice system and a betrayal of the families of victims…. We have begun transferring the monsters Biden commuted to Supermax prisons, where they will spend the rest of their lives in conditions that match their egregious crimes.”
NEW: Judge Tim Kelly ruled that President Trump and AG Bondi’s demand to transfer former death row inmates to a supermax prison in Colorado resulted in a “sham” process that violated their right to context the move.
w/ @joshgerstein https://t.co/KMpRO00ox7 pic.twitter.com/iri17QnHyH
— Kyle Cheney (@kyledcheney) February 12, 2026
Joe Biden granted clemency to thirty-seven death row prisoners. Instead of following established procedures, the Trump administration has sought to transfer most of the prisoners to the federal government’s Special Handling Unit in Florence, Colorado. A federal judge has now presented a stumbling block to those plans.
Federal District Judge Timothy Kelly acknowledged that the prisoners committed some of the most heinous crimes. However, in his 35-page ruling, he asserted that they are entitled to their constitutional rights. He wrote that their right to be heard was not adequately considered by the administration, which was determined to transfer them to the Administrative Maximum Facility in Florence, Colorado (ADX).
“That is so because it is likely their redesignations were determined before their process even began.” He added, “Despite their hearings and appeals, they had no meaningful opportunity to challenge them.”
JUST IN: Judge blocks Trump admin’s transfer to supermax prison in Colorado of 20 former death row inmates whose sentences were commuted by Biden. Trump appointee Tim Kelly says DOJ violated due process rights with ‘predetermined’ decision. w/@kyledcheney https://t.co/bdhitBAJ0V
— Josh Gerstein (@joshgerstein) February 12, 2026
“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.” He concluded, “Whether that person is a notorious prisoner or a law-abiding citizen—the process it provides cannot be a sham.”
Judge Kelly cited former Supreme Court Justice William Brennan. who had emphasized that even the ‘most vile” criminal “does not release the state from constitutional restraints on the destruction of human dignity.”
Twenty-one of the death row inmates sued the Trump administration. They claimed that the decision threatened their due process rights. Notably, after the BOP staff evaluated the prisoners, many of them failed mental health tests. Some of them required medical attention that ADX Florence could not provide.
