SHANNON LONGWORTH: THE BIDEN ADMINISTRATION’S FIRST DEATH PENALTY TRIAL IS UNDERWAY—EVEN THOUGH THE PRESIDENT CAMPAIGNED AGAINST CAPITAL PUNISHMENT.

OPENING STATEMENTS BEGAN THIS WEEK FOR SAYFULLO SAIPOV—THE MAN ACCUSED OF DRIVING A PICKUP TRUCK INTO PEDESTRIANS ON A NEW YORK CITY BIKE PATH ON HALLOWEEN, 2017. 8 PEOPLE DIED THAT DAY AND MORE THAN A DOZEN WERE INJURED.

SAIPOV IS A 34-YEAR-OLD WHO EMIGRATED FROM UZBEKISTAN IN 2010. NOW, HE FACES 28 COUNTS OF MURDER, ATTEMPTED MURDER AND OTHER TERRORISM CHARGES. HE HAS PLEADED NOT-GUILTY.

ACCORDING TO A CRIMINAL COMPLAINT, SAIPOV “DID KNOWINGLY AND INTENTIONALLY PROVIDE AND ATTEMPT TO PROVIDE, ‘MATERIAL SUPPORT OR RESOURCES’…TO A FOREIGN TERRORIST ORGANIZATION, NAMELY THE ISLAMIC STATE OF IRAQ AND AL-SHAM (‘ISIS’).”

IT ALSO SAYS HIS CELL PHONE CONTAINED “APPROXIMATELY 90 VIDEOS, MANY OF WHICH APPEAR TO BE ISIS-RELATED PROPAGANDA.”

WHAT HAPPENED ON THE BIKE PATH THAT DAY IS CONSIDERED THE DEADLIEST TERROR ATTACK IN NEW YORK SINCE 9/11.

WHEN IT HAPPENED, FORMER PRESIDENT TRUMP TWEETED “SHOULD GET DEATH PENALTY!” AND *HIS* ATTORNEY GENERAL ORDERED PROSECUTORS TO SEEK CAPITAL PUNISHMENT IN THE CASE.

WITH A NEW PRESIDENT AND JUSTICE DEPARTMENT HEAD, SAIPOV’S REPRESENTATION PUSHED BACK ON THE DIRECTIVE.

BUT PRESIDENT BIDEN’S AG, MERRICK GARLAND, IS CONTINUING TO PURSUE THE DEATH PENALTY FOR THIS CASE DESPITE HIS MORATORIUM—OR, TEMPORARY PROHIBITION—OF FEDERAL EXECUTIONS IN 2021.

GARLAND’S GUIDING STANDARD FOR WHICH CASES WARRANT PURSUANCE OF CAPITAL PUNISHMENT IS NOT PUBLIC KNOWLEDGE. BUT IT DOES APPEAR AS THOUGH TERRORISM-RELATED CASES COULD BE EXCEPTIONS TO HIS MORATORIUM.