In the 16 years since the federal death penalty was restored in 1994 — 16 years throughout which the United States has been ravaged by jihadist terror — the Justice Department has approved capital charges for exactly three defendants: Moussaoui and two of the 1998 U.S. embassy bombers. In each case, civilian juries rejected the death penalty. If Holder is saying there’s a better chance these savages will be executed if they are tried in the civilian system (and that is precisely what he’s implying), there is nothing to support that claim.