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Florence Today
By the People, for the People
Judge Blocks Transfer of Former Death Row Inmates to Supermax
He says statements by Trump, Bondi meant transfer process was an 'empty exercise'
Published on Feb. 12, 2026
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A federal judge has pressed pause on plans to move 20 former federal death row inmates to the nation's most restrictive prison, the ADX Florence in Colorado, ruling the process that cleared the way for their transfer was likely "an empty exercise to approve an outcome that was decided before it even began." The inmates' death sentences were commuted by then-President Biden weeks before he left office.
Why it matters
This case raises questions about due process and whether the government is following proper procedures when transferring inmates, even high-profile ones, to the most restrictive prisons. It also highlights the political influence that can sometimes shape such decisions.
The details
In a 35-page opinion, US District Judge Tim Kelly, a Trump appointee, said the men must remain at the federal prison in Terre Haute, Indiana, for now rather than being shipped to the "supermax" in Florence, Colorado. Kelly stressed he wasn't questioning the inmates' convictions, which he said involved "some of the most horrific crimes imaginable," nor ordering their release. But he found that public statements by President Trump and Attorney General Pam Bondi effectively promised the men would be sent to ADX Florence, undercutting a Bureau of Prisons policy that allows such placement only in limited, risk-based circumstances.
- In 2026, former President Biden commuted the death sentences of the 20 inmates just weeks before leaving office.
- On February 12, 2026, a federal judge blocked the transfer of the former death row inmates to the ADX Florence supermax prison.
The players
Tim Kelly
A US District Judge appointed by former President Trump.
Donald Trump
The former President of the United States.
Pam Bondi
The former Attorney General of the United States.
Joe Biden
The former President of the United States who commuted the death sentences of the 20 inmates.
Bureau of Prisons
The federal agency responsible for the transfer of the inmates.
What they’re saying
“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.”
— Tim Kelly, US District Judge (Newsweek)
What’s next
The judge's ruling blocks the Bureau of Prisons from transferring the inmates to the ADX Florence supermax prison while a lawsuit over the transfers is ongoing.
The takeaway
This case highlights the importance of due process and the need for the government to follow proper procedures, even when dealing with high-profile inmates. It also raises concerns about the potential for political influence to shape such decisions, which could undermine the integrity of the justice system.
