Acting Boston Mayor Kim Janey proclaimed her opposition to the death penalty for Boston bomber Dzhokhar Tsarnaev, just one day after the Justice Department asked the Supreme Court to reinstate the death penalty for Tsarnaev.

"She's just trying to make a name for herself, it's pretty disgusting," bombing survivor Marc Fucarile said Friday of the mayor, on "Fox & Friends First."

BOSTON BOMBING SURVIVOR URGES SCOTUS TO REINSTATE DEATH PENALTY FOR TSARNAEV

"I wonder where she was eight years ago, 2013, when we were laying in hospital beds and fighting for our lives". 

Janey tweeted from the marathon five minutes after the bomb detonated, "Please pray!  Bombs going off at marathon!"

Janey, a Democrat, assumed the role of Governor when Marty Walsh was confirmed as the Secretary of Labor in March.

"She's not even...an elected official," Fucarile pointed out, "she's really not even the mayor."

In 2015 a jury found Tsarnaev guilty on 30 counts and decided on the death penalty for the terror he caused in the city, killing three and wounding more than 260 others. 

"It was definitely the scariest thing in my life and my family's life. Getting the phone call, finding out that I was blown up by a bomb in the city of Boston," recalled Fucarile.

"People were petrified. No one knew what was going on."

Just five years after the initial verdict, in July 2020, the Boston-based 1st S.S. Circuit Court of Appeals overturned the ruling in the case, saying that the trial judge "fell short" in screening jurors for potential bias created by the news coverage of the bombing. 

"I think the majority of people that I've ever talked to think that he should be...put to death," said Fucarile.

Earlier this month, on June 14, the U.S. Justice Department filed a 48-page brief urging the Supreme Court to reinstate the death sentence of Tsarnaev, stating that, "it is not required that the jurors be totally ignorant of the facts and issues involved for a defendant to receive a fair trial."

The brief represented a break between the Justice Department and President Joe Biden, who has repeatedly stated his opposition to capital punishment.

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White House Spokesman Andrew Bates said the Justice Department "has independence regarding such decisions," but stressed that Biden stands by his belief that the federal government should not carry out executions.

"If I could guarantee that he would sit in jail and rot forever, I would choose that," said Fucarile, "with the way policies are changing, it scares me that they could release this animal".