NATIONAL NEWS

Judge blocks Trump administration from moving former death row inmates to ‘Supermax’ prison

Feb 12, 2026, 7:24 AM

President Donald Trump speaks to reporters after signing a spending bill that ends a partial shutdo...

President Donald Trump speaks to reporters after signing a spending bill that ends a partial shutdown of the federal government in the Oval Office of the White House, Tuesday, Feb. 3, 2026, in Washington. (AP Photo/Alex Brandon)
Credit: ASSOCIATED PRESS

(AP Photo/Alex Brandon)

WASHINGTON (AP) — A federal judge has temporarily blocked the Trump administration from transferring 20 inmates with commuted death sentences to the nation’s highest security federal prison.

U.S. District Judge Timothy Kelly ruled late Wednesday that the government cannot send the former death row inmates to the “Supermax” federal prison in Florence, Colorado, because it likely would violate their Fifth Amendment rights to due process.

Kelly cited evidence that officials from the Republican administration “made it clear” to the federal Bureau of Prisons that the inmates had to be sent to ADX Florence — “administrative maximum” — to punish them because Democratic President Joe Biden had commuted their death sentences.

“At least for now, they will remain serving life sentences for their heinous crimes where they are currently imprisoned,” wrote Kelly, who was nominated to the bench by President Donald Trump.

In December 2024, less than a month before Trump returned to the White House, Biden commuted the sentences of 37 of the 40 people on federal death row, converting their punishments to life imprisonment.

On his first day back in office, Trump issued an executive order directing Attorney General Pam Bondi to house the 37 inmates “in conditions consistent with the monstrosity of their crimes and the threats they pose.”

Twenty of the 37 inmates are plaintiffs in the lawsuit before Kelly, who issued a preliminary injunction blocking their transfers to Florence while the lawsuit proceeds. All were incarcerated in Terre Haute, Indiana, when Biden commuted their death sentences.

Government lawyers argued that the bureau has broad authority to decide what facilities the inmates should be redesignated for after their commutations.

The judge concluded that the inmates have not had a meaningful opportunity to challenge their redesignations because it appears the outcome of the review process was 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 wrote.

The Florence prison has housed some of the most notorious criminals in federal custody, including Unabomber Ted Kaczynski, Boston Marathon bomber Dzhokhar Tsarnaev and Mexican drug lord Joaquín “El Chapo” Guzmán.

Plaintiffs’ lawyers say the inmates there live alone, eat their meals and shower in cells roughly the size of a parking space.

Government attorneys said other courts have held that the conditions are not objectively cruel and unusual.

National News

Nicholas Hohns shows off a tray of strawberry-lemon CBD gummies at his Deutermann Farms kitchen in ...

Associated Press

A $28B hemp THC industry is fighting to save itself from a looming federal ban

In a commercial kitchen outside Raleigh, North Carolina, Nicholas Hohns spreads a blue-green goo into a gridded mold, making one of his company’s signature products: potent THC gummies, featuring the primary intoxicating compound found in marijuana. It’s a business he might soon have to give up. America’s multibillion-dollar market for impairing hemp products — from […]

1 hour ago

New York Governor Kathy Hochul speaks during a news conference, Friday, Oct. 2, 2026, in New York. ...

Associated Press

What to know about the investigation into Cornell University gang rape allegations

An intense, public outcry over a woman’s account of being gang-raped at a Cornell University fraternity house prompted New York’s governor this week to angrily yank control of the investigation away from the local prosecutor who didn’t initially see what happened as a crime. Tompkins County District Attorney Matthew Van Houten has said Cornell police […]

1 hour ago

Associated Press

Coast Guard searching for plane with 6 aboard that lost contact on trip from Bermuda to Boston

NANTUCKET, Mass. (AP) — A plane with six people aboard lost contact during a flight from Bermuda to Boston, and the U.S. Coast Guard said it was searching early Saturday for the missing aircraft off the coast of Nantucket. The Coast Guard said the Federal Aviation Administration reported that the Gulfstream G100 had lost contact […]

2 hours ago

A voter cast a ballot on the first day of early voting in Minnesota at the Elections & Voter Servic...

Associated Press

Voters favor Democrats on key issues but lack faith in either party to solve problems: AP-NORC poll

WASHINGTON (AP) — Aaron Siever was never a single-party voter. But now, the 41-year-old from southwest Virginia is more frustrated than ever with the two political parties whose chief accomplishment, he says, is blaming each other for getting little done. “There’s so much turmoil,” said Siever, a former police officer who now guides Civil War […]

3 hours ago

Associated Press

A famed Hawaii sea arch collapses, prompting NPS warnings of unstable cliffs

HAWAII VOLCANOES NATIONAL PARK, Hawaii (AP) — A scenic cliff on the wave-swept coast of Hawaii’s Big Island has collapsed, the National Park Service said. The Holei Sea Arch, located in the Hawaii Volcanoes National Park, was about 90 feet (27.4 meters) high before it collapsed sometime between Sept. 23 and Sept. 27, possibly when […]

3 hours ago

Tawnya Somauroo leans on a ledge in her new fire-resilient home, Monday, Sept. 21, 2026, in Louisvi...

Associated Press

The Supreme Court will hear a major climate change case involving a devastating Colorado wildfire

LOUISVILLE, Colo. (AP) — Less than an hour after the first warning that a wildfire was headed for her suburban street, Tawnya Somauroo’s Colorado home was in ashes. She has worked tirelessly for nearly five years to rebuild her house and help ensure her neighborhood can withstand the next blaze. But as climate change contributes […]

3 hours ago

Judge blocks Trump administration from moving former death row inmates to ‘Supermax’ prison