- Early Tuesday morning, the United States went forward with its first federal execution since 2003.
- The move comes after the Supreme Court rejected a last-minute injunction filed by a federal judge to stop the execution.
- The judge argued that legal challenges needed to play out in court to determine if the federal lethal injections, which use a drug called pentobarbital, amount to cruel and unusual punishment, thus violating the Constitution.
- According to the injunction, the evidence presented to the court showed pentobarbital injections risk causing the feeling of drowning or asphyxiation.
President Donald Trump’s administration officially carried out the first federal execution in 17 years on Tuesday after a day of legal whiplash.
The inmate who was put to death had been convicted of three counts of murder in aid of racketeering in 1999 after he and another man killed a family of three, including a child, in Arkansas. Court documents allege that the murders were part of a broader plan to create a white supremacist community in the Pacific Northwest.
The man, who has been on death row at a federal prison in Indiana for 20 years, was executed by lethal injection and pronounced dead just after 8 a.m. According to the pool report, shortly before his death, he insisted he was innocent.
The execution marks the first time that the federal government has used the death penalty since Attorney General Bill Barr announced that the Trump administration would resume federal capital punishment last summer.
In that decision, Barr also mandated that all the executions be conducted via a single-drug lethal injection known as pentobarbital. The Justice Department was initially set to execute the man who was killed Tuesday as well as four others in December and January, but that plan was blocked by U.S. District Judge Tanya Chutkan of the District of Columbia.
In her injunction stopping the executions, Chutkan argued that using a single procedure for all federal executions violated the federal Death Penalty Act, which requires federal executions to be carried out in a way prescribed by the state where the prisoner was convicted. If that state does not have the death penalty, the prisoner can be moved to a death penalty state and will follow their execution orders.
Chutkan’s argument was that while lethal injection is the primary execution method in the U.S., the type and number of drugs used vary from state to state. However, in April, the D.C. Appeals Court struck down Chutkan’s ruling and the Supreme Court declined to hear the case, thus allowing the executions to go forward.
Following the Appeals Court ruling, the executions were rescheduled. On Monday, the day of the first planned injection, Chutkan filed another injunction seeking to block the execution of the man killed Tuesday as well as three others set to take place this week.
In her ruling, Chutkan argued that before the inmates could be executed, legal challenges needed to play out in court to determine if pentobarbital injections can be considered cruel and unusual and thus violate the Eighth Amendment of the Constitution.
She explained that people injected with pentobarbital risk experience flash pulmonary edema, which is the rapid build-up of fluid in the lungs that causes the feeling of drowning or asphyxiation resulting in “extreme pain, terror and panic.”
Chukan also wrote that the scientific evidence provided to the court “overwhelmingly indicates” that pentobarbital “is very likely to cause Plaintiffs extreme pain and needless suffering during their executions.”
The evidence submitted by the plaintiff’s experts, she said, showed that the “majority of inmates” executed by pentobarbital injections “suffered flash pulmonary edema during the procedure.”
The Justice Department quickly responded to the injunction, appealing to both the D.C. Circuit Court of Appeals and the Supreme Court, and arguing that the preparations were already underway and that Chutkan’s order served “to scramble those plans with a meritless injunction.”
Supreme Court Decision
At around 2 a.m. Tuesday, the Supreme Court issued an unsigned, 5-4 opinion rejecting the last-minute legal bid and siding with the DOJ.
In the order, the court said that the inmates had virtually no chance of winning their argument that pentobarbital injections were cruel and unusual. The court also noted that pentobarbital had been used in “over 100 executions, without incident,” and that its use had been upheld by the Supreme Court last year.
The court decision also noted that the inmates “have not made the showing required to justify last-minute intervention by a federal court.”
The court’s four liberal justices opposed the decision in two separate dissenting opinions. Leading the first dissent, Justice Stephen Breyer raised broader questions about the constitutionality of capital punishment. He wrote that the death penalty is “is often imposed arbitrarily,” noting that the other man involved in the murders— who was considered more culpable— had received a life sentence.
In the other dissent, Justice Sonia Sotomayor condemned the rush to execute the same man.
“The court forever deprives respondents of their ability to press a constitutional challenge to their lethal injections, and prevents lower courts from reviewing that challenge,” she wrote. “In its hurry to resolve the government’s emergency motions, I fear the court has overlooked not only its prior ruling, but also its role in safeguarding robust federal judicial review.”
Notably, the court also refused to consider a claim filed by the 81-year-old mother of one of victims of the man being put to death to have the execution delayed.
In her suit, the woman argued that that the decision to hold the execution during the pandemic forced her and others to choose between their health and attending. She also claimed that the federal Bureau of Prisons had not taken the necessary steps to protect her and other execution witnesses.
While the Supreme Court did not issue an opinion or dissent on that matter, that DOJ argued against it, writing in court filings that it took their accounts “seriously, in accordance with their terrible loss and distinctive perspective.” The department also said that it was not required to factor in “the availability and travel preferences of those attending the execution when scheduling it.”
Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murderers, suspected mass murderers, or those planning to commit a crime of that nature and may have done so with the intent to seek attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.
Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates
The fury comes after Xbox announced it was slightly altering existing consoles to better utilize and save energy.
Same War, New Battlefield
Mere days after M&M canceled their “spokescandies” due to backlash from the right, led largely by Fox News’ Tucker Carlson, conservatives have found a new front for their ongoing culture war: Xbox.
Carlson spent months complaining that small character redesigns were “woke” because they made the animated anthropomorphized M&M’s — in his own words — “less sexy.” His campaign finally proved successful on Monday when the company announced it would be doing away with the spokescandies and replacing them with actress Maya Rudolph.
Conservatives, now facing a sudden dearth of non-issues to complain about, quickly found a new issue to rage against. Xbox announced in a blog post earlier this month that it is making minor updates to lower its environmental impact as part of an effort to reach Microsoft’s goal of being carbon-negative by 2030.
Now, instead of having an Xbox wake up to update games, apps, and software during random times of the night, it will do that at a time of night when a user’s local energy grid is generating the most power it can from renewable sources.
Xbox also said it would automatically update some older consoles to a power-saving mode that aims to reduce electricity consumption when it is turned off — a feature that is already the default on newer consoles.
According to The Verge, the only difference for users is that an Xbox in power-saving mode takes around 15 seconds to boot up instead of doing so immediately as the console does in “sleep” mode. The change is a small price to pay for what the outlet described as “significant” energy savings.
Xbox Under Fire
To many leading conservative voices, the minimal shifts were just another example of “woke” culture.
While discussing M&M’s spokescandies Tuesday morning, “Fox and Friends” co-host Ainsley Earhardt brought up Xbox’s new changes with Fox radio host Jimmy Failla.
“So Xbox has also announced that they’re going woke too, you know, because of climate change,” Earhardt said.
“I mean, it’s crazy what they’re doing, but we understand what this is. It’s not that it’s actually going to offset emissions, okay — the level of reduction is infinitesimal,” Failla claimed, without evidence. “But they’re trying to recruit your kids into climate politics at an earlier age; make them climate conscious now.”
“Yeah, I didn’t think of that — you’re right, they’re going after the children,” Earhardt agreed, despite the fact that internal data from Microsoft shows just around 10% of Xbox owners are under the age of 18.
Other prominent conservatives also did their part to bait Americans into anger on social media, including America’s Foundation, which posted a tweet stating that “the woke brigade is after video games.”
The post linked an article from the right-wing website TheBlaze, which asserted that “Xbox will force gamers to power down to fight climate change.” That, however, is false — Xbox has said users can switch back and change the settings any time they want
Still, top lawmakers continued to share the article and spread its false claims, including Sen. Ted Cruz (R-Tx.).
“First gas stoves, then your coffee, now they’re gunning for your Xbox,” he wrote in the post, which was flagged by Twitter and given an “added context” warning.
The same warning, however, was not placed in a very similar post by Rep. Troy Nehls (R-Tx.), who also shared the article.
“They want to take your guns. They want to take your gas stoves. And now they want to take your Xbox. What’s next?” he wrote.
See what others are saying: (The Washington Post) (The Daily Beast) (VICE)
Washington State Launches Investigation Into Abuse at Private Special Ed. Schools
Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.
Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.
The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.
One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.
Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.
In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down.
“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.
OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications.
In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported.
NWSOIL defended itself in a public statement.
“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others,“ it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.”
Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools.
In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.
See the full series: (ProPublica) (The Seattle Times)
Mass Shootings in Half Moon Bay, Oakland Rock California
Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.
California Sees Third Attack in Under a Week
Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.
The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.
According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.
About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.
Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.
Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.
“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”
As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.
In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants.
Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.
Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”
Renewed Calls for Gun Control
Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.
According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.
Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.
“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.
“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”
Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.
President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.
“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”
Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.