Robert Bowers killed 11 people at a Pittsburgh synagogue and he's facing a possible death sentence at his ongoing trial. Patrick Crusius killed 23 people at a Texas Walmart, but the Justice Department took the death penalty off the table and he received a life sentence. Both were motivated by racial hate. Both later claimed mental illness. Why didn't they face the same consequences from the Justice Department? Some point to an enigmatic department division, the Capital Case Section. Others suggest the issue lies with murky, seemingly inconsistent death penalty policies and President Joe Biden’s inaction on his 2020 campaign promise to abolish the U.S. death penalty.