Notable death penalty declinations for drug lords from Trump Administion’s Justice Department

While on the road earlier this week, I missed this new story of the Trump Administration declining to pursue the death penalty in some high-profile cases.  The story highlights some of the enduring challenges and considerations that often surround efforts to pursue capital punishment more aggressively:

The Justice Department said on Tuesday that it would not seek the death penalty against three of Mexico’s most notorious drug lords, including Rafael Caro Quintero, who is accused of orchestrating the gruesome murder of an American drug enforcement agent.

Mr. Caro Quintero, a founder of the Sinaloa drug cartel; Vicente Carrillo Fuentes, a former Juárez cartel leader; and Ismael Zambada García, once head of the Sinaloa cartel, all face long prison terms if convicted. In separate filings to the judges overseeing each case, Joseph Nocella Jr., the interim U.S. attorney for the Eastern District of New York, wrote that the attorney general, Pam Bondi, “has authorized and directed this office not to seek the death penalty.”

The move by the Justice Department contradicts its stated interest in seeking the death penalty more frequently…. President Trump has called for the death penalty for defendants convicted of murdering a law enforcement officer.

Because of extradition laws, foreign defendants are rarely sent to the United States if they might face death, and America’s use of capital punishment has been a significant point of contention with the Mexican government. Yet the circumstances of each man’s arrival in the United States had opened the possibility of the ultimate punishment….

“We welcome the government’s decision not to pursue the death penalty against our client,” Frank Perez, a lawyer for Mr. Zambada García, said in a statement. “This marks an important step toward achieving a fair and just resolution.”

Lawyers for the other two defendants echoed that sentiment. “We agree with the decision of the attorney general that pursuit of the death penalty is not appropriate in this case and we look forward to resolving this matter quickly to bring closure to all parties,” Elizabeth Macedonio, a lawyer for Mr. Caro Quintero, said in a statement. Kenneth Montgomery, a lawyer for Mr. Carrillo Fuentes, said prosecutors had made “a great decision” and that “a death penalty in a civilized society is uncivilized.”

Mr. Caro Quintero was convicted in Mexico of orchestrating the 1985 murder of Enrique Camarena, an undercover drug enforcement agent, and of leading a criminal enterprise that trafficked thousands of kilograms of drugs across the U.S.-Mexico border. That killing is considered a flashpoint in the war on drugs, intensifying the fight against the cartels. Until 2004, under Mr. Carrillo Fuentes’s leadership, the Juárez cartel was closely aligned with the Sinaloa cartel, which was run by Mr. Zambada García as well as El Chapo.

The two cartels would split, and their ensuing fight for control of the city of Juárez resulted in one of the bloodiest conflicts of the drug war. Mr. Carrillo Fuentes’s brother was assassinated in 2004, after El Chapo had ordered his killing, according to witness testimony.