Thread by @iarnsdorf

I wanted to understand who was responsible for the Trump admin’s record string of executions.

I got 1000s pages of govt records & court docs. They showed officials trampling over legal & practical barriers.

Here’s what I learned:
propublica.org/article/inside…

1. The govt is using a lethal injection drug from a secret source that failed a lab test.

2. Barr & aides picked who to execute. Reasons they gave were factually inaccurate.

3. DOJ outsourced executions to private contractors paid in CASH.

More details below.

First: DOJ needed to find a new drug it could use in lethal injections. Officials considered fentanyl but thought it would be a bad look. Instead they chose a sedative called pentobarbital.

Prisoners’ lawyers: the drug floods the lungs, causing suffering akin to death by drowning.

SCOTUS: it’s fine.
propublica.org/article/inside…

Expecting legal challenges. DOJ said it “consulted medical professionals.” Not exactly. It consulted one doctor and one chemist. (Both declined to comment.)

Let’s look at the chemist first.

.@VanderbiltU Prof. Craig Lindsley wrote a two-page report saying the drug would take effect so rapidly the prisoner wouldn’t feel pain. He didn’t disclose his fee, but he was hired through a contract that DOJ paid $22k that month.

Now the doctor: retired anesthesiologist Joseph F. Antognini. He’s the go-to gov’t witness in death penalty cases because most doctors say it’s unethical to participate in executions:
ama-assn.org/delivering-car…

Dr. Antognini: Unconscious people can’t feel pain.

Also Antognini: We don’t really know how unconsciousness works.

The drug was hard to get because manufacturers don’t want anything to do with executions. DOJ keeps its vendors secret so they don’t bow to public pressure.

DOJ considered importing the drug in powdered form and remixing it into an injectable solution. It later found a domestic source.

The first batch failed a quality test. DOJ blamed the lab and got a new one.

Instead of govt employees, private contractors would perform the executions. They’re secret too. DOJ paid cash.

Next: In July 2019, Barr got a list of 14 possible prisoners to execute. He and aides chose 5.

Barr said the reason was they all killed children or the elderly. Not true.

Prison officials were concerned about scheduling the first three executions in one week. But Barr wanted it that way, according to a BOP lawyer’s deposition.

(DOJ denies this.)

Yes, Barr had a big role. Other key officials involved:

@MattWhitaker46
Jeff Sessions
Mark Inch
Jeffrey Rosen
Paul Perkins
Tim Shea

BOP started the execution of Daniel Lee while there was still an outstanding court order.

Guards left him *on the gurney* while gov’t lawyers got the order lifted.

Next day, similar story. SCOTUS gave go-ahead to execute Wesley Purkey. Death warrant expired, but DOJ went ahead & issued new same-day notice.

Execution started while a final court challenge was still going. Court said appeal was "moot" because Purkey was already dead.

Then, DOJ changed its regulations to give itself more flexibility in executions.

The point person on this policy change, Laurence Rothenberg, has criticized attempts to outlaw executing juveniles and people with intellectual disabilities. fedsoc.server326.com/pdf/rothenberg…

DOJ: Using firing squads instead of lethal injection would be a “regressive change.”

Also DOJ: Authorize firing squads.

At the latest execution, Alfred Bourgeois appeared to gasp for air, as lawyers warned.

https://twitter.com/georgehale/status/1339343273853407232?s=20

DOJ has 3 more executions scheduled before the inauguration of @JoeBiden on Jan, 20.

Biden opposes the death penalty.

Full story here: propublica.org/article/inside…

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