Courts' Waning Role in Stopping Executions

One of the first executive orders issued by President Trump in January was EO 14164 designed to “restore the death penalty”, though actually aimed at far more (including making the prison conditions of those commuted by Biden reflect the “monstrosity” of their crimes). We will explore what this means for the 2,400 people on America’s death row, at the same time as reviewing the rising levels of innocent people being executed – my own ‘Post Mortem Project’ indicating that as many as 13 percent of those killed since 1976 have strong innocence cases. 

This lecture was recorded by Clive Stafford-Smith on the 4th of December 2025 at Bernard’s Inn Hall, London

Clive Stafford Smith JD OBE is a dual UK-US national, the founder and director of  the Justice League a non-profit human rights training centre focused on fostering the next generation of advocates. 

He was the Senior Prefect at Radley College, where he studied maths and science; then a Morehead Scholar at the University of North Carolina (Chapel Hill), where he took a degree in Politics; and a Stone Merit Scholar each of his three years at Columbia Law School, graduating in 1984. 

He previously founded and directed the legal action charities Louisiana Capital Assistance Center (1993 in New Orleans) and Reprieve (1999 in London). Since 1984 he has tried many capital cases, and helped to represent over 400 people facing execution in the US and elsewhere. He also brought the first challenge to Guantánamo Bay, where he has secured the release of 85 detainees, and continues to assist the remaining 30.  In all five of the cases he has helped bring to the U.S. Supreme Court the petitioner has prevailed. 

He has recently taken on the case of Aafia Siddiqui, the woman who has most suffered from the US rendition-to-torture program – abducted with her three children. He continues to work on capital cases in the US, including a Post-Mortem Project where he is investigating the claims of innocence of 184 people executed since 1977.

Clive has published a number of books including Bad Men (2008, describing work in Guantánamo) and Injustice (2012, on the capital case of Kris Maharaj), both of which were short-listed for the Orwell Prize; and most recently The Far Side of the Moon (2023), deconstructing the parallel lives of his father and a client Larry Lonchar, both of whom were labelled Bipolar. He has many other publications, including manuals for the defence of capital cases, and law review articles about aspects of capital defence. He has worked on many films and documentaries, starting with Fourteen Days In May (1987), recently ranked as one of the top BBC documentaries of all time. 

The transcript of the lecture is available from the Gresham College website: https://www.gresham.ac.uk/watch-now/trump-death

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