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A federal judge said the Justice Department unlawfully rescheduled the execution of the only woman on federal death row, potentially setting up the Trump administration to schedule the execution after President-elect Joe Biden takes office.

U.S. District Court Judge Randolph Moss also vacated an order from the director of the Bureau of Prisons that had set Lisa Montgomerys execution date for Jan. 12. Montgomery had previously been scheduled to be put to death at the Federal Correctional Complex in Terre Haute, Indiana, this month, but Moss delayed the execution after her attorneys contracted coronavirus visiting their client and asked him to extend the amount of time to file a clemency petition.

Moss prohibited the Bureau of Prisons from carrying out Lisa Montgomerys execution before the end of the year and officials rescheduled her execution date for Jan. 12. But Moss ruled on Wednesday that the agency was also prohibited from rescheduling the date while a stay was in place.

A federal judge said the Justice Department unlawfully rescheduled the execution of the only woman on federal death row, potentially setting up the Trump administration to schedule the execution after president-elect Joe Biden takes office. U.S. District Court Judge Randolph Moss also vacated an order from the director of the Bureau of Prisons that had set Lisa Montgomerys execution date for Jan. 12, 2021.

"The Court, accordingly, concludes that the Directors order setting a new execution date while the Courts stay was in effect was not in accordance with law," Moss wrote.

The Justice Department did not immediately respond to a request for comment.

Under the order, the Bureau of Prisons cannot reschedule Montgomerys execution until at least Jan. 1. Generally, under Justice Department guidelines, a death-row inmate must be notified at least 20 days before the execution. Because of the judges order, if the Justice Department chooses to reschedule the date in January, it could mean that the execution would be scheduled after Bidens inauguration on Jan. 20.

Biden "opposes the death penalty now and in the future" and would work as president to end its use in office, spokesman TJ Ducklo has told The Associated Press. But Bidens representatives have not said whether executions would be paused immediately once Biden takes office.

Montgomery was convicted of killing 23-year-old Bobbie Jo Stinnett in the northwest Missouri town of Skidmore in December 2004. She used a rope to strangle Stinnett, who was eight months pregnant, then a kitchen knife to cut the baby girl from the womb, authorities said.

Prosecutors said Montgomery removed the baby from Stinnetts body, took the child with her, and attempted to pass the girl off as her own. Montgomerys legal team has argued that their client suffers from serious mental illnesses.

"Given the severity of Mrs. Montgomerys mental illness, the sexual and physical torture she endured throughout her life, and the connection between her trauma and the facts of her crime, we appeal to President Trump to grant her mercy, and commute her sentence to life imprisonment," one of Montgomerys lawyers, Sandra Babcock, said in a statement.

Two other federal inmates are scheduled to be executed in January but have tested positive for coronavirus and their attorneys are also seeking delays to their executions.

Full Article: https://www.foxnews.com/us/judge-delays-execution-only-woman-death-row



Trump's administration has been executing people left right and center while pardoning mass child murderers.

It's crazy

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^ Hey now that's completely unfair!
https://imgur.com/yPw05Ob