The DC Circuit has lifted the injunction prohibiting the executions of Corey Johnson & Dustin Higgs after they both contracted COVID-19 on death row. In concurring with the order, two circuit judges write, "The Eighth
Amendment 'does not guarantee a prisoner a painless death...'" Additional appeals in the case are likely today and order gives until 9 a.m. ET for petition for rehearing or en banc. But DOJ has been successful in the past in getting a green light from the Supreme Court to proceed even after lower courts put federal executions on hold.

TERRE HAUTE, Ind. (AP) — Keith Nelson, who killed a Kansas girl in 1999, is the fifth federal inmate executed this year. AP's @mtarm reports Nelson wouldn't respond when asked if he wanted to make a final statement. He remained still as the lethal dose of pentobarbital was injected. His chest appeared to heave and shutter involuntarily. He was pronounced dead nine mins. after the execution began.

In a court hearing this morning, Keith Nelson’s lawyers argue that there would be clear irreparable harm if their client is executed today while litigation plays out on execution protocols. “I don’t think it is clear,” the judge says. Nelson is scheduled to be executed at 4 p.m. "I have no reason to dispute their assertion they are not using an expired drug," Judge Tanya Chutkan says on question about the pentobarbital that BOP would use to carry out today's execution.

TERRE HAUTE, Ind. (AP) — Lezmond Mitchell, only Native American on federal death row, executed in Indiana despite tribal sovereignty objections. Lezmond Mitchell was pronounced dead at 6:29 p.m., according to the Bureau of Prisons. The victims' family is expected to provide a statement to the media. apnews.com/d10a18eff9cdf4…

THREAD: @AP got an inside look at Operation Legend this week, a nationwide crackdown on violent crime. To the agents deployed in nine cities across the U.S., and the local law enforcement getting the help, this isn’t about politics. It’s business as usual. apnews.com/0950ff59635979… I spent the week w/ AG Barr in Detroit, Kansas City & Cleveland for an on-the-ground look at Operation Legend. What we saw was clear: police embracing the help & working side-by-side with federal agents to solve violent crime. Cops and DOJ say they're instrumental to each other.

Still waiting for the House Judiciary hearing with AG Barr to begin, which is delayed after Rep. Nadler was in a car accident this a.m. Barr is expected to tell committee that "violent rioters and anarchists have hijacked legitimate protests" in Portland. apnews.com/1484348dd6e646… AG Barr: "In the wake of George Floyd’s death, violent rioters and anarchists have hijacked legitimate protests to wreak senseless havoc and destruction on innocent victims. The current situation in Portland is a telling example ... The rioters arrive equipped for a fight"

I spent the weekend inside the Portland federal courthouse w/ the US Marshals. Mortars were being fired off repeatedly, fireworks & flares shot into the lobby, frozen bottles, concrete, cans & bouncy balls regularly whizzed over the fence at high speeds. apnews.com/1dd1bb39093a36… We wanted to show you a look inside the protests from both perspectives — out in the crowd with protesters and inside the courthouse with federal officers. It was a really eye opening experience to see it firsthand. I was inside the courthouse & @gflaccus was outside the fence.

A striking contrast from the U.S. attorney’s office in Portland compared to how others in DOJ/DHS see the violence outside the federal courthouse. AUSA Craig Gabriel said on press call that he “intentionally did not use that term” when asked about feds calling the violence a riot Gabriel said there were "very few of the crowd who come not intent on doing anything with their voice," though federal agents on the ground have described it as a war zone at a night with hundreds out there. The AG has said these demonstrations have been hijacked by extremists.

THREAD: President Trump & AG Barr are sending additional federal resources to Chicago & Albuquerque to expand Operation Legend. DOJ regularly does surges focusing on violent crimes, including shootings & homicides. Federal gun crimes carry much stiffer penalties than state crimes The Justice Dept. is sending 100+ investigators from FBI, DEA & ATF to Chicago, along with about 100 US Marshals (part of the regional task force there) and DHS will also send over 100 agents from HSI. More than two dozen agents from DOJ agencies are being sent to Albuquerque.

Attorney General Bill Barr, speaking to law enforcement officials in Little Rock, says George Floyd’s death was “really jarring to the nation as a whole” but says defunding the police is the exact oppposire of what America needs and instead PDs need more resources and training. AG Bill Barr tells law enforcement officials in Arkansas that legitimate demonstrations after Floyd’s death were “hijacked” by instigators, there have more than 150 arrests on federal charges & 500 investigations underway are across the U.S.

Ten members and associates of MS-13 are being charged today by federal prosecutors in New York City. The case is related to at least three murders in Queens, prosecutors say. In one case, the group allegedly led a 17-year-old to a park in Queens because they thought a tattoo he had meant he was a member of the Latin Kings. They beat, stabbed and strangled him & then they took pictures with his dead body flashing MS-13 gang signs, prosecutors say.

Paul Manafort didn’t qualify as a priority for home confinement under BOP guidelines. But BOP decided to use its discretion & release him anyway b/c of age/underlying health issues. The decision was made by BOP & Main Justice wasn’t involved, source says. apnews.com/8c80f05dda00e0… BOP’s guidelines, spelled out in April 22 memo, says priority is supposed to be given to those inmates who have served half of their sentence or inmates with 18 months or less left and who served at least 25% of their time. But the bureau has discretion about who can be released.

The BOP now has 2,818 federal inmates and 262 BOP staff members with positive test results for COVID-19. As of today, 1,288 inmates have recovered, more than double the number from yesterday. Those folks are released from isolation and their case was reviewed and closed by BOP. These recovery numbers mean there's a significant drop at some hot spots. For example, at Terminal Island there are now 150 positive cases, compared to almost 800 last week. But at FCI Lompoc, for example, 76% of inmates are positive & at FMC Fort Worth it is 43% of inmate pop.

NEW: BOP has tested about 2,700 inmates & nearly 2K of them have tested positive for COVID-19, strongly suggesting there are more undiagnosed positive cases. BOP’s medical director says their testing strategy is “consistent with current recommendations." apnews.com/fb43e3ebc44735… The Bureau of Prisons says it is working closely with the CDC, has daily calls with CDC officials and teams from the CDC have visited several correctional facilities. In fact, there’s a team at a facility right now. And BOP is working w/ health departments across the country.

In a message to staff, BOP Dir. Michael Carvajal said "contrary to people who are spreading misinformation or do not have the facts, our agency has an abundant supply of PPE compared to many others." But we've heard repeatedly from officers who can't get some masks or gloves. As @mikesisak & I reported, some BOP officers have said masks are so scarce they've gone out to buy their own & then some were told they can't wear them. At the MCC in NY, staff members told us there was no soap. Other COs says there's no hand sanitizer. apnews.com/724ee94ac5ba37…

Union officials tell @AP two inmates at FCC Oakdale, a complex in Louisiana, have also tested positive for COVID-19. They say one is hospitalized & the other is isolated in the SHU. Asked for comment, BOP tells us to check their website, but it hasn't been updated since yesterday UPDATE: BOP confirms 2 inmates at FCC Oakdale in Louisiana have tested positive and says a staff member at FCI Yazoo City in Mississippi is now also confirmed positive. In total, that’s 3 inmates & 3 staff cases confirmed with COVID-19 throughout the BOP system.

Speaking at @TheIACP event in Miami, AG Bill Barr decries attacks against police across the U.S., saying assaults have jumped steeply. "There is no higher priority in this DOJ than the safety and security of the American people & to meet that charge we must have your back." @TheIACP The AG reads the names of a number of Florida police officers killed in the line of duty. "The sacrifice of these heroes will not be forgotten."

"A few decades ago it was a big deal to a resist a police officer and now it seems to happen on a casual basis," he says.

A man with a loaded shotgun hidden under a tarp in his car was arrested yesterday outside FBI headquarters in Washington after he approached a vehicle checkpoint & attempted to run in the building through an employee entrance. He was arrested on a charge of unlawful entry. (1/4) Investigators say the man, 51-year-old Robert Lee, drove up to a vehicle checkpoint at FBI HQ, got out of his car and approached the employee entrance, ignoring commands from FBI Police to stop. Several officers, including an FBI PD K-9 unit, were called to the scene. (2/4)

The Justice Department is changing 10 former NFL players, including Clinton Portis and Carlos Rogers, with defrauding the league’s healthcare benefit program. DOJ says it has filed notice to file criminal information against two others, including former Saints player Joe Horn. Assistant Attorney General Brian Benczkowski says the players submitted nearly $4M in claims for reimbursements for things like hyperbaric devices, ultrasound machines and electromagnetic therapy devices designed for use on horses.

Bureau of Prisons Dir. Kathleen Hawk Sawyer is scheduled to testify before the Senate Judiciary Committee today. She’ll likely be asked about BOP’s major staffing crisis, updates on the Jeffrey Epstein investigation, upcoming executions and implementation of the First Step Act. For years, the Bureau of Prisons has been plagued by a major staffing crisis and allegations of serious misconduct. @mikesisak and I detailed some of the major issues with BOP ahead of this hearing. apnews.com/e6ef3a8ca1454c…

President Donald Trump speaks at #IACP2019, says he is proud to be with law enforcement, the “people who I know, people who I love, people who I respect.” "He was a sick and depraved man and now he's dead. Dead. Dead as a door nail." - the president on Abu Bakr al-Baghdadi