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The Department of Justice is to seek the death penalty for a second time for the Boston marathon bomber after a court overturned the convict's death sentence last month.

Attorney General William Barr said his department would do "whatever's necessary" to ensure Dzhokhar Tsarnaev is put to death.

William Barr has said his department would do 'whatever's necessary'
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William Barr has said his department would do 'whatever's necessary'Credit: Alamy Live News

A federal appeals court in Massachusetts overturned Tsarnaev's sentence last month after a panel found there was reason to believe that the presiding judge at trial did not sufficiently vet the jurors.

In an interview with the Associated Press on Thursday, Attorney General William Barr told the AP: "We will do whatever's necessary.

"We will take it up to the Supreme Court and we will continue to pursue the death penalty."

US Attorney Andrew Lelling  later on Thursday, backing the appeal.

Donald Trump has demanded the death penalty for Boston Marathon bomber
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Donald Trump has demanded the death penalty for Boston Marathon bomberCredit: AFP or licensors
A federal courts appeal overturned the death sentence against Dzhokhar Tsarnaev
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A federal courts appeal overturned the death sentence against Dzhokhar TsarnaevCredit: Splash News
Dzhokhar has been serving his sentence in a high-security supermax prison in Colorado after being found guilty of all 30 charges against him
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Dzhokhar has been serving his sentence in a high-security supermax prison in Colorado after being found guilty of all 30 charges against himCredit: Reuters

"The severity of Tsarnaev's crimes place him in that narrow category of criminals for whom death is a proportional punishment," Lelling said.

"Some have argued that executing Tsarnaev will not deter others from pursuing similar crimes. But, ultimately, this decision is not about deterrence. It is about justice.

He added: "Dzhokhar Tsarnaev is an ideologically driven mass killer."

Trump demanded the death sentence for the bomber, who, alongside his brother Tamerlan, killed three people and injured more than 260 when they detonated a pair of shrapnel-filled bombs along the marathon’s route.

Tamerlan later died following a shootout with cops when he went on the run in the city.

Tsarnaev was sentenced to death in 2015 for his role in the horrific attack but appealed his sentence last year with his lawyers saying it was ridiculous to think there could be impartial jurors in Boston, where his trial was held.

Speaking on the news that the court of appeals had overruled Tsarnaev's initial death sentence, Trump said the federal government must challenge the decision for the sake of those who died in the murderous atrocity on April 15, 2013.

Tsarnaev is currently held in Colorado
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Tsarnaev is currently held in ColoradoCredit: Handout
The attack killed three people and left more than 260 others injured
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The attack killed three people and left more than 260 others injuredCredit: Reuters
The brothers sparked a mass terror in the city of Boston for five days after the bombing
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The brothers sparked a mass terror in the city of Boston for five days after the bombingCredit: Getty - Contributor
Medical workers aid injured people following an explosion at the finish line of the 2013 Boston Marathon
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Medical workers aid injured people following an explosion at the finish line of the 2013 Boston MarathonCredit: AP:Associated Press
Boston Police look at blown out windows at the scene of the first explosion
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Boston Police look at blown out windows at the scene of the first explosionCredit: Getty - Contributor
Bill Iffrig, 78, lies on the ground as police officers react to a second explosion at the finish line of the Boston Marathon
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Bill Iffrig, 78, lies on the ground as police officers react to a second explosion at the finish line of the Boston MarathonCredit: AP:Associated Press
Police officers react to a second explosion at the finish line of the Boston Marathon in Boston
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Police officers react to a second explosion at the finish line of the Boston Marathon in BostonCredit: AP:Associated Press
An emergency responder and volunteers, including Carlos Arredondo in the cowboy hat, push Jeff Bauman in a wheelchair after he was injure
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An emergency responder and volunteers, including Carlos Arredondo in the cowboy hat, push Jeff Bauman in a wheelchair after he was injureCredit: AP:Associated Press

He tweeted: "Rarely has anybody deserved the death penalty more than the Boston Bomber, Dzhokhar Tsarnaev.

"The court agreed that this ‘was one of the worst domestic terrorist attacks since the 9/11 atrocities.’ Yet the appellate court tossed out the death sentence. So many lives lost and ruined.

"The Federal Government must again seek the Death Penalty in a do-over of that chapter of the original trial.

"Our Country cannot let the appellate decision stand. Also, it is ridiculous that this process is taking so long!"

Tsarnaev, 27, and his older brother Tamerlan killed three people and injured more than 260 when they detonated a pair of shrapnel-filled bombs along the marathon’s route.

Tamerlan later died following a shootout with cops when he went on the run in the city.

Tsarnaev was sentenced to death in 2015 for his role in the horrific attack but appealed his sentence last year saying it was ridiculous to think there could be impartial jurors in Boston, where his trial was held.

Rick DesLauriers, who led the FBI’s Boston office during the bombings, said he hopes they petition the Supreme Court to review the federal appeals court decision and possibly eliminate the need for another trial.

He said the ruling as an “unfortunate example of judicial activism” and “a slap in the face” to the jurors.

“It’s an unnecessarily painful resurrection of this issue for the victims and their families,” said DesLauriers, who retired from the FBI about three months after Tsarnaev’s capture

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