February 12, 2026
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Judge Blocks Trump Plan to Move Biden‑Commuted Death‑Row Inmates to ADX Florence Over Due‑Process Concerns

A federal judge, Timothy Kelly, blocked the Trump administration's plan to transfer federal inmates whose death sentences were commuted by President Biden to ADX Florence, issuing a 35‑page ruling that raised serious Fifth Amendment due‑process concerns. Kelly framed the dispute as a clash between the executive's Article II "Take Care" authority and prisoners' due‑process rights, finding the problem was not placement at ADX itself but the government's failure to provide a meaningful opportunity for inmates to contest the transfers — part of an effort led by Attorney General Pam Bondi and the administration to counter Biden's late‑term commutations.

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📌 Key Facts

  • U.S. District Judge Timothy Kelly issued a 35-page ruling blocking the Trump administration's plan to transfer inmates whose death sentences were commuted by President Biden to the federal supermax ADX Florence.
  • Kelly framed the dispute as a clash between the president's Article II 'Take Care' authority and prisoners' Fifth Amendment due‑process rights.
  • The judge emphasized that the problem was not placement at ADX Florence itself but the administration's failure to give affected inmates a 'meaningful opportunity' to contest the transfers.
  • The transfer plan was presented as part of Attorney General Pam Bondi and the Trump administration's broader effort to counter President Biden's late-term commutations of 37 federal death-row inmates.
  • Coverage described ADX Florence as the 'Alcatraz of the Rockies,' underscoring its reputation as a high-security supermax facility.

📰 Source Timeline (2)

Follow how coverage of this story developed over time

February 12, 2026
7:44 PM
Federal judge blocks Trump's bid to move Biden-commuted death row inmates to ‘Alcatraz of the Rockies’
Fox News
New information:
  • Clarifies that Judge Timothy Kelly’s ruling is 35 pages and explicitly frames the clash as between Article II 'Take Care' authority and prisoners’ Fifth Amendment due‑process rights.
  • Emphasizes Kelly’s finding that the problem is not ADX placement itself but the lack of a 'meaningful opportunity' for affected inmates to contest the transfer.
  • Situates the transfer plan explicitly as part of Attorney General Pam Bondi and the Trump administration’s broader effort to counter President Biden’s late‑term commutations of 37 federal death‑row inmates.