Federal Judge Blocks Transfer of Biden-Commuted Prisoners to Supermax Prison

The judge ruled the prisoners' due process rights were likely violated in the transfer decision-making process.

Published on Feb. 12, 2026

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A federal judge in Washington, D.C. has blocked the Trump administration from transferring 20 former federal death row inmates, whose sentences were commuted to life in prison by President Biden, to the ADX Florence supermax prison in Colorado. The judge ruled that the prisoners' Fifth Amendment due process rights were likely violated because their transfers to the restrictive facility were "predetermined" before they had a meaningful opportunity to challenge the decisions.

Why it matters

This case highlights the ongoing tensions between the Trump and Biden administrations over criminal justice policies, particularly around clemency and prison conditions. The judge's ruling suggests the Trump team's public criticism of Biden's commutations and directive to punish the prisoners influenced the transfer decisions, undermining the prisoners' constitutional rights.

The details

The 20 plaintiffs had their death sentences commuted to life in prison without parole by President Biden in December 2024. However, in a Truth Social post, then-President-elect Trump told the prisoners to "GO TO HELL." On his first day of his second term, Trump then directed the Department of Justice to ensure the prisoners were housed in the "most restrictive" federal prison, ADX Florence. The Bureau of Prisons subsequently determined the prisoners would be transferred there, overriding prior BOP assessments. The judge found the transfer decisions were "predetermined" and the prisoners had no meaningful opportunity to challenge them, violating their due process rights.

  • In December 2024, President-elect Trump reacted negatively to Biden's commutations of the prisoners' death sentences.
  • On the first day of his second term in January 2025, President Trump directed the DOJ to ensure the prisoners were housed in the "most restrictive" federal prison.
  • In April 2025, the 20 former death row inmates sued President Trump and Attorney General Pam Bondi over the planned transfers to ADX Florence.

The players

Donald Trump

The 45th and 47th President of the United States, who directed the Department of Justice to transfer the Biden-commuted prisoners to the ADX Florence supermax prison.

Joe Biden

The 46th President of the United States, who commuted the death sentences of the 20 plaintiffs to life in prison without parole in December 2024.

Pam Bondi

The Attorney General under President Trump, who was involved in the directive to transfer the Biden-commuted prisoners to ADX Florence.

Tim Kelly

The U.S. District Judge who ruled that the prisoners' due process rights were likely violated in the transfer decision-making process.

Bureau of Prisons (BOP)

A subagency of the Department of Justice that initially planned to transfer the prisoners to ADX Florence, overriding prior BOP assessments.

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What they’re saying

“Go to hell”

— Donald Trump, Former President (Truth Social)

“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, U.S. District Judge (Court Opinion)

What’s next

The judge's ruling is a temporary injunction, and the case will continue to proceed in court. The judge will ultimately decide whether the prisoners' transfers to ADX Florence can move forward or if their current prison placements must be maintained.

The takeaway

This case highlights the ongoing political tensions over criminal justice policies, as well as the importance of ensuring due process protections for even the most notorious prisoners. The judge's ruling suggests the Trump administration's public criticism and directives may have improperly influenced the transfer decisions, underscoring the need for impartial decision-making processes.