Creech

I. BACKGROUND

Because we have described elsewhere the factual and procedural history of

this case, see Creech v. Richardson, 59 F.4th 372, 376–82 (9th Cir. 2023), we recite

only those facts most relevant to Creech’s commutation-related arguments now

before us. In 1981, while serving two life sentences for murders committed in Idaho,

and following convictions for additional murders committed in California and

Oregon, Creech killed fellow inmate David Dale Jensen, who was disabled. See id.

at 376–77; Arave v. Creech (“Creech IV”), 507 U.S. 463, 466 (1993). In relevant

part, Jensen attacked Creech with a battery-filled sock. State v. Creech (“Creech V”),

966 P.2d 1, 5 (Idaho 1998). Creech took the weapon from Jensen. Jensen later

returned, wielding a toothbrush with a razor blade fastened to it. Creech beat Jensen

with the sock, ultimately killing him. Id. Creech pleaded guilty. At his initial

sentencing in 1982, Creech testified that, “through an intermediary, [he] provided

Jensen with makeshift weapons and then arranged for Jensen to attack him, in order

to create an excuse for the killing.” Creech IV, 507 U.S. at 466. Although the judge

at Creech’s original…