California Governor Gavin Newsom’s sweeping order commuting the sentences of all 548 death row inmates has ignited a firestorm of legal and political backlash, with prosecutors vowing to fight what they call an unconstitutional abuse of clemency power.
Unprecedented Clemency Order
Newsom’s action, described as the largest mass commutation in U.S. history, converts all death sentences in California to life without parole. The outgoing Democratic governor framed the move as a moral stand against what he called a “failed system” of capital punishment.
Prosecutors Highlight Brutal Cases
District attorneys across California are rallying opposition by spotlighting particularly heinous cases now affected by the order. San Luis Obispo County DA Dan Dow cited the 1996 torture killing of 20-month-old Kesha Gurke by Michael Whisenhunt, who beat the toddler so severely her intestines were severed.
Prosecutors also pointed to serial killer Rex Allan Krebs, convicted of raping and murdering college students Rachel Newhouse and Aundria Crawford in the late 1990s. Krebs’ crimes were so brutal they inspired a true crime book titled Dead and Buried.
Constitutional Hurdle Looms
The order faces a significant legal obstacle: California’s constitution bars commutations for anyone twice convicted of a felony unless four state Supreme Court justices approve. According to the San Luis Obispo DA’s office, 382 of the 548 inmates fall under this restriction.
Newsom acknowledged the hurdle in a public letter, writing that while he believes his action is legal, it requires Supreme Court justices to participate in “a weighty decision they did not choose to take up.” His office has asked the court to review each case individually.
Legal Challenges Mount
Anne Marie Schubert of the Criminal Justice Legal Foundation told reporters her organization will challenge the order in court. “We are doing this on behalf of crime victims and the rule of law,” said Schubert, a former prosecutor.
Greg Totten of the California District Attorneys Association accused Newsom of misusing clemency power to “nullify hundreds of jury verdicts” based on personal policy views rather than individual case merits.
The state Supreme Court declined to comment when contacted by reporters about the impending legal battle over what could become one of the most controversial acts of a governor’s clemency power in American history.
Source: www.breitbart.com โ https://www.breitbart.com/law-and-order/2026/11/06/gavin-newsoms-mass-commutation-of-death-row-inmates-faces-legal-battle-pushback-from-prosecutors/