Once the defendant has exhausted his direct appeal and post-conviction remedies (i.e., the government has secured an affirmance on appeal and successfully defended the judgment against the defendant’s first motion for collateral relief under 28 U.S.C. § 2255, through the Supreme Court’s initial rejection of certiorari or the merits of any defense-initiated appeal), the following shall occur:

1. A. The Capital Case Section shall notify the United States Attorney’s Office in the district of conviction, the Office of the Pardon Attorney, the Federal Bureau of Prisons, the Office of the Deputy Attorney General, and the Office of the Attorney General.

2. B. The Capital Case Section shall provide the Office of the Pardon Attorney with any relevant departmental memoranda.

3. C. The Office of the Pardon Attorney may request from the United States Attorney’s Office certain case materials relevant to the defendant’s expected clemency application.

4. D. The Capital Case Section should consult with, among other Department components, the United States Attorney’s Office in the district of conviction and the Office of the Pardon Attorney regarding the scheduling of the defendant’s execution. The Capital Case Section shall convey all relevant information to the Office of the Deputy Attorney General and the Office of the Attorney General.

5. E. The United States Attorney’s Office should consult with the family members of the victim(s) regarding the scheduling of the defendant’s execution. The United States Attorney’s Office shall convey all relevant information to the Office of the Deputy Attorney General and the Office of the Attorney General.

[added December 2020] (reverted pursuant to the Attorney General’s February 5, 2025 memorandum)