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	<title>Merrick Garland &#8211; Cincy Link</title>
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		<title>Justice Dept. seeks to unseal search warrant of Trump&#8217;s home</title>
		<link>https://cincylink.com/2023/07/05/justice-dept-seeks-to-unseal-search-warrant-of-trumps-home/</link>
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		<pubDate>Wed, 05 Jul 2023 22:27:33 +0000</pubDate>
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					<description><![CDATA[The Justice Department is asking a federal court to unseal the warrant the FBI used to search the Mar-a-Lago estate of former President Donald Trump, Attorney General Merrick Garland said Thursday.Garland cited the “substantial public interest in this matter” in announcing the request at a hastily scheduled Justice Department news conference.The request was striking because &#8230;]]></description>
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<p>
					The Justice Department is asking a federal court to unseal the warrant the FBI used to search the Mar-a-Lago estate of former President Donald Trump, Attorney General Merrick Garland said Thursday.Garland cited the “substantial public interest in this matter” in announcing the request at a hastily scheduled Justice Department news conference.The request was striking because such documents traditionally remain sealed during a pending investigation. But the Justice Department appeared to recognize that its silence since the search had created a vacuum for bitter attacks from the former president and his allies, and Garland felt it wise to respond to the widespread demands for details about what led to the FBI action.  Watch a full replay of the news conference in the video player above.“The public’s clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing,” said a motion filed in federal court in Florida on Thursday seeking the unsealing.Should the warrant be released — the request is now with the judge, and Trump can object — it could disclose unflattering information about the former president and about FBI scrutiny of his handling of sensitive government documents right as he prepares for another run for the White House. During his successful 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information. It's unclear at this point how much information would be included in the documents, if made public, or if they would encompass an FBI affidavit that would presumably lay out a detailed factual basis for the search. The department specifically requested the unsealing of the warrant as well as a property receipt listing the items that were seized, along with two unspecified attachments.To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed. Garland said he personally approved the warrant, a decision he said the department did not take lightly given that standard practice where possible is to select less intrusive tactics than a search of one's home.Neither Trump nor the FBI has said anything about what documents the FBI might have recovered, or what precisely agents were looking for. But the former president complained anew Thursday about the search.Trump, who for years has lambasted the FBI and sought to sow distrust among his supporters in its decisions, said the warrant was served and the search conducted despite his cooperation with the Justice Department.In a post to his Truth Social platform, Trump said that his “attorneys and representatives were cooperating fully” prior to the search, and that government officials “could have had whatever they wanted, whenever they wanted, if we had it."The Justice Department has until Friday afternoon to alert the judge about whether Trump will object to the release.FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of probes and to avoid unfairly maligning someone who is being scrutinized but winds up ultimately not being charged. That’s especially true in the case of search warrants, where supporting court papers are routinely kept secret as the investigation proceeds.In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as his right." The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court's functions.Even so, Garland, in a hastily scheduled public statement delivered from the Justice Department podium, appeared to acknowledge the unusual nature of the department's request as he declined to take questions or provide any substantive details about the FBI's investigation.“Much of our work is by necessity conducted out of the public eye. We do that to protect the constitutional rights of all Americans and to protect the integrity of our investigations," he said. "Federal law, longstanding department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time.”The Justice Department under Garland has been leery of public statements about politically charged investigations, or of confirming to what extent it might be investigating Trump as part of a broader probe into the Jan. 6 riot at the U.S. Capitol and efforts to overturn the results of the 2020 election.The department has tried to avoid being seen as injecting itself into presidential politics, as happened in 2016 when then-FBI Director James Comey made an unusual public statement announcing that the FBI would not be recommending criminal charges against Clinton regarding her handling of email — and when he spoke up again just over a week before the election to notify Congress that the probe was being effectively reopened because of the discovery of new emails.The Mar-a-Lago search warrant served Monday was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump's home in Palm Beach, Florida, earlier this year. The National Archives had asked the department to investigate after saying that classified records were found in 15 boxes of records that it retrieved from the estate. Multiple federal laws govern the handling of classified information.The attorney general condemned verbal attacks on FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded, and large numbers of Trump supporters have called for the warrant to be released because they believe it will show that Trump was wrongly targeted.“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”Earlier Thursday, an armed man wearing body armor tried to breach a security screening area at an FBI field office in Ohio, then fled and was later killed after a standoff with law enforcement.
				</p>
<div>
<p>The Justice Department is asking a federal court to unseal the warrant the FBI used to search the Mar-a-Lago estate of former President Donald Trump, Attorney General Merrick Garland said Thursday.</p>
<p>Garland cited the “substantial public interest in this matter” in announcing the request at a hastily scheduled Justice Department news conference.</p>
<p><!-- article/blocks/side-floater --></p>
<p><!-- article/blocks/side-floater --></p>
<p>The request was striking because such documents traditionally remain sealed during a pending investigation. But the Justice Department appeared to recognize that its silence since the search had created a vacuum for bitter attacks from the former president and his allies, and Garland felt it wise to respond to the widespread demands for details about what led to the FBI action.  </p>
<p><strong><em>Watch a full replay of the news conference in the video player above.</em></strong></p>
<p>“The public’s clear and powerful interest in understanding what occurred under these circumstances weighs heavily in favor of unsealing,” said a motion filed in federal court in Florida on Thursday seeking the unsealing.</p>
<p>Should the warrant be released — the request is now with the judge, and Trump can object — it could disclose unflattering information about the former president and about FBI scrutiny of his handling of sensitive government documents right as he prepares for another run for the White House. During his successful 2016 campaign, he pointed frequently to an FBI investigation into his Democratic opponent, Hillary Clinton, over whether she mishandled classified information. </p>
<p>It's unclear at this point how much information would be included in the documents, if made public, or if they would encompass an FBI affidavit that would presumably lay out a detailed factual basis for the search. The department specifically requested the unsealing of the warrant as well as a property receipt listing the items that were seized, along with two unspecified attachments.</p>
<p>To obtain a search warrant, federal authorities must prove to a judge that probable cause exists to believe that a crime was committed. Garland said he personally approved the warrant, a decision he said the department did not take lightly given that standard practice where possible is to select less intrusive tactics than a search of one's home.</p>
<p>Neither Trump nor the FBI has said anything about what documents the FBI might have recovered, or what precisely agents were looking for. But the former president complained anew Thursday about the search.</p>
<p>Trump, who for years has lambasted the FBI and sought to sow distrust among his supporters in its decisions, said the warrant was served and the search conducted despite his cooperation with the Justice Department.</p>
<p>In a post to his Truth Social platform, Trump said that his “attorneys and representatives were cooperating fully” prior to the search, and that government officials “could have had whatever they wanted, whenever they wanted, if we had it."</p>
<p>The Justice Department has until Friday afternoon to alert the judge about whether Trump will object to the release.</p>
<p>FBI and Justice Department policy cautions against discussing ongoing investigations, both to protect the integrity of probes and to avoid unfairly maligning someone who is being scrutinized but winds up ultimately not being charged. That’s especially true in the case of search warrants, where supporting court papers are routinely kept secret as the investigation proceeds.</p>
<p>In this case, though, Garland cited the fact that Trump himself had provided the first public confirmation of the FBI search, “as his right." The Justice Department, in its new filing, also said that disclosing information about it now would not harm the court's functions.</p>
<p>Even so, Garland, in a hastily scheduled public statement delivered from the Justice Department podium, appeared to acknowledge the unusual nature of the department's request as he declined to take questions or provide any substantive details about the FBI's investigation.</p>
<p>“Much of our work is by necessity conducted out of the public eye. We do that to protect the constitutional rights of all Americans and to protect the integrity of our investigations," he said. "Federal law, longstanding department rules and our ethical obligations prevent me from providing further details as to the basis of the search at this time.”</p>
<p>The Justice Department under Garland has been leery of public statements about politically charged investigations, or of confirming to what extent it might be investigating Trump as part of a broader probe into the Jan. 6 riot at the U.S. Capitol and efforts to overturn the results of the 2020 election.</p>
<p>The department has tried to avoid being seen as injecting itself into presidential politics, as happened in 2016 when then-FBI Director James Comey made an unusual public statement announcing that the FBI would not be recommending criminal charges against Clinton regarding her handling of email — and when he spoke up again just over a week before the election to notify Congress that the probe was being effectively reopened because of the discovery of new emails.</p>
<p>The Mar-a-Lago search warrant served Monday was part of an ongoing Justice Department investigation into the discovery of classified White House records recovered from Trump's home in Palm Beach, Florida, earlier this year. The National Archives had asked the department to investigate after saying that classified records were found in 15 boxes of records that it retrieved from the estate. Multiple federal laws govern the handling of classified information.</p>
<p>The attorney general condemned verbal attacks on FBI and Justice Department personnel over the search. Some Republican allies of Trump have called for the FBI to be defunded, and large numbers of Trump supporters have called for the warrant to be released because they believe it will show that Trump was wrongly targeted.</p>
<p>“I will not stand by silently when their integrity is unfairly attacked,” Garland said of federal law enforcement agents, calling them “dedicated, patriotic public servants.”</p>
<p>Earlier Thursday, an armed man wearing body armor tried to breach a security screening area at an FBI field office in Ohio, then fled and was later killed after a standoff with law enforcement.</p>
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		<title>Families of 9 killed in SC church settle with feds over gun</title>
		<link>https://cincylink.com/2021/10/29/families-of-9-killed-in-sc-church-settle-with-feds-over-gun/</link>
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		<pubDate>Fri, 29 Oct 2021 04:08:43 +0000</pubDate>
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		<guid isPermaLink="false">https://cincylink.com/?p=109426</guid>

					<description><![CDATA[WASHINGTON — Families of nine victims killed in a racist attack at a Black South Carolina church have reached a settlement with the Justice Department over a faulty background check that allowed Dylann Roof to purchase the gun he used in the 2015 massacre. The $88 million deal — which includes $63 million for the &#8230;]]></description>
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<p>WASHINGTON — Families of nine victims killed in a racist attack at a Black South Carolina church have reached a settlement with the Justice Department over a faulty background check that allowed Dylann Roof to purchase the gun he used in the 2015 massacre.</p>
<p>The $88 million deal — which includes $63 million for the families of the slain and $25 million for survivors of the shooting — was set to be announced Thursday in Washington.</p>
<p>“The mass shooting at Mother Emanuel AME Church was a horrific hate crime that caused immeasurable suffering for the families of the victims and the survivors,” Attorney General Merrick Garland said Thursday. “Since the day of the shooting, the Justice Department has sought to bring justice to the community, first by a successful hate crime prosecution and today by settling civil claims.”</p>
<p>Roof killed nine people at the Mother Emanuel African Methodist Episcopal Church in Charleston, South Carolina, on June 17, 2015, during a Bible study.</p>
<p>Weeks before the church shooting, Roof was arrested by police in Columbia, South Carolina, on a drug possession charge. But a series of clerical errors and missteps allowed Roof to buy the handgun he later used in the killings.</p>
<p>When Roof purchased the gun, <a class="Link" href="https://www.nbcnews.com/politics/justice-department/families-charleston-church-shooting-settle-lawsuit-justice-department-n1282635" target="_blank" rel="noopener">NBC News</a> reports that the FBI examiner conducting the background check was told by deputies in Lexington County, South Carolina, to contact the Columbia Police about the drug charge. However, FBI databases did not have a record for the Columbia Police Department — only the West Columbia Police Department.</p>
<p>The FBI examiner never heard back from Lexington County officials about the clerical error, and Roof was able to purchase the gun after a three-day waiting period.</p>
<p>Roof has since pleaded guilty to multiple charges stemming from the shooting, including nine counts of murder.</p>
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		<title>AG nominee Garland to focus on civil rights, political independence in confirmation hearing</title>
		<link>https://cincylink.com/2021/08/05/ag-nominee-garland-to-focus-on-civil-rights-political-independence-in-confirmation-hearing/</link>
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		<pubDate>Thu, 05 Aug 2021 05:08:21 +0000</pubDate>
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					<description><![CDATA[WASHINGTON (AP) — President Joe Biden’s nominee for attorney general, Merrick Garland, is set for his confirmation hearing on Monday. Garland is vowing to prioritize civil rights, combat extremist attacks and ensure the Justice Department remains politically independent. When the 68-year-old appears before the Senate Judiciary Committee, he's likely to face questions about the investigation &#8230;]]></description>
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<p>WASHINGTON (AP) — President Joe Biden’s nominee for attorney general, Merrick Garland, is set for his confirmation hearing on Monday.</p>
<p>Garland is vowing to prioritize civil rights, combat extremist attacks and ensure the Justice Department remains politically independent.</p>
<p>When the 68-year-old appears before the Senate Judiciary Committee, he's likely to face questions about the investigation of Biden’s son Hunter as well as the fallout from the U.S. Capitol riot.</p>
<p>Garland focuses in his <a class="Link" href="https://www.judiciary.senate.gov/imo/media/doc/SJC%20Testimony.final.pdf">prepared remarks</a> on prioritizing policing and civil rights to combat racial discrimination and says America doesn’t “yet have equal justice.”</p>
<p>If confirmed as attorney general, Garland says it “will be the culmination of a career I have dedicated to ensuring that the laws of our country are fairly and faithfully enforced, and that the rights of all Americans are protected.</p>
<p>Many became familiar with Garland in 2016 when the federal appeals court judge was snubbed by Republicans for a seat on the Supreme Court and denied a hearing.</p>
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		<title>Justice Department halts federal executions, vows review of protocols</title>
		<link>https://cincylink.com/2021/07/03/justice-department-halts-federal-executions-vows-review-of-protocols/</link>
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		<pubDate>Sat, 03 Jul 2021 04:28:40 +0000</pubDate>
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					<description><![CDATA[Video above: Trump administration carries out executions during transition periodThe Justice Department is halting federal executions after a historic use of capital punishment by the Trump administration, which carried out 13 executions in six months. Attorney General Merrick Garland made the announcement Thursday night, saying he was imposing a moratorium on federal executions while the &#8230;]]></description>
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					Video above: Trump administration carries out executions during transition periodThe Justice Department is halting federal executions after a historic use of capital punishment by the Trump administration, which carried out 13 executions in six months. Attorney General Merrick Garland made the announcement Thursday night, saying he was imposing a moratorium on federal executions while the Justice Department conducts a review of its policies and procedures. He gave no timetable. "The Department of Justice must ensure that everyone in the federal criminal justice system is not only afforded the rights guaranteed by the Constitution and laws of the United States, but is also treated fairly and humanely," Garland said. "That obligation has special force in capital cases."Garland said the department would review the protocols put in place by former Attorney General William Barr. A federal lawsuit has been filed over the protocols — including the risk of pain and suffering associated with the use of pentobarbital, the drug used for lethal injection.The decision puts executions on hold for now, but it doesn't end their use and keeps the door open for another administration to simply restart them. It also doesn't stop federal prosecutors from seeking the death penalty; the Biden administration recently asked the U.S. Supreme Court to reinstate the Boston Marathon bomber's original death sentence.                 President Joe Biden has said he opposes the death penalty and his team vowed that he would take action to stop its use while in office. But the issue is an uncomfortable one for Biden. As a then-proponent of the death penalty, Biden helped craft 1994 laws that added 60 federal crimes for which someone could be put to death, including several that did not cause death. He later conceded the laws disproportionately impacted Black people. Black people are also overrepresented on death rows across the United States. Anti-death penalty advocates had hoped for a more definitive answer from the Biden administration. Support for the death penalty among Americans is at near-historic lows after peaking in the mid-1990s and steadily declining since, with most recent polls indicating support now hovers around 55%, according to the nonpartisan Death Penalty Information Center in Washington, D.C.Ruth Friedman, Director of the Federal Capital Habeas Project, which represented some of the prisoners on death row, said Garland's action was a step in the right direction, but it's not enough. She called on Biden to commute the sentences."We know the federal death penalty system is marred by racial bias, arbitrariness, over-reaching, and grievous mistakes by defense lawyers and prosecutors that make it broken beyond repair," she said. There are 46 people still on federal death row.The review is strikingly similar to one to one imposed during the Obama administration. In 2014, following a botched state execution in Oklahoma, President Barack Obama directed the Justice Department to conduct a broad review of capital punishment and issues surrounding lethal injection drugs.Barr announced the restarting of executions in 2019, saying the Obama-era review had been completed and clearing the way for executions to resume. He approved the new procedure for lethal injections that replaced the three-drug combination previously used in federal executions with one drug, pentobarbital. This is similar to the procedure used in several states, including Georgia, Missouri and Texas, but not all.Donald Trump's Justice Department resumed federal executions in July, following a 17-year hiatus. No president in more than 120 years had overseen as many federal executions. The last inmate to be executed, Dustin Higgs, was put to death at the federal prison complex in Terre Haute, Indiana, less than a week before Trump left office. They were carried out during a worsening coronavirus pandemic. Toward the end of the string of executions, 70% of death row inmates were sick with COVID-19, guards were ill and traveling prisons staff on the execution team had the virus. It's impossible to know precisely who introduced the infections and how they started to spread, in part because prisons officials didn't consistently do contact tracing and haven't been fully transparent about the number of cases. But an Associated Press analysis found the executions were likely a superspreader event.There were major discrepancies in the way executioners who put the 13 inmates to death described the process of dying by lethal injection. They likened the process in official court papers to falling asleep and called gurneys "beds" and final breaths "snores."But those tranquil accounts are at odds with reports by The Associated Press and other media witnesses of how prisoners' stomachs rolled, shook and shuddered as the pentobarbital took effect inside the U.S. penitentiary death chamber in Terre Haute. The AP witnessed every execution.Secrecy surrounded all aspects of the executions. Courts relied on those carrying them out to volunteer information about glitches. None of the executioners mentioned any.Lawyers argued that one of the men put to death last year, Wesley Purkey, suffered "extreme pain" as he received a dose of pentobarbital. The court papers were filed by another inmate, Keith Nelson, in an effort to halt or delay his execution. But it went forward.The federal Bureau of Prisons has declined to explain how it obtained pentobarbital for the lethal injections under Trump. But states have resorted to other means as the drugs used in lethal injections have become increasingly hard to procure. Pharmaceutical companies in the 2000s began banning the use of their products for executions, saying they were meant to save lives, not take them.
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					<strong class="dateline">WASHINGTON —</strong> 											</p>
<p><strong><em>Video above: Trump administration carries out executions during transition period</em></strong></p>
<p>The Justice Department is halting federal executions after a historic use of capital punishment by the Trump administration, which carried out 13 executions in six months. </p>
<p>Attorney General Merrick Garland made the announcement Thursday night, saying he was imposing a moratorium on federal executions while the Justice Department conducts a review of its policies and procedures. He gave no timetable. </p>
<p>"The Department of Justice must ensure that everyone in the federal criminal justice system is not only afforded the rights guaranteed by the Constitution and laws of the United States, but is also treated fairly and humanely," Garland said. "That obligation has special force in capital cases."</p>
<p>Garland said the department would review the protocols put in place by former Attorney General William Barr. A federal lawsuit has been filed over the protocols — including the risk of pain and suffering associated with the use of pentobarbital, the drug used for lethal injection.</p>
<p>The decision puts executions on hold for now, but it doesn't end their use and keeps the door open for another administration to simply restart them. It also doesn't stop federal prosecutors from seeking the death penalty; the Biden administration recently asked the U.S. Supreme Court to reinstate the Boston Marathon bomber's original death sentence. </p>
<p>                President Joe Biden has said he opposes the death penalty and his team vowed that he would take action to stop its use while in office. But the issue is an uncomfortable one for Biden. As a then-proponent of the death penalty, Biden helped craft 1994 laws that added 60 federal crimes for which someone could be put to death, including several that did not cause death. He later conceded the laws disproportionately impacted Black people. Black people are also overrepresented on death rows across the United States. </p>
<p>Anti-death penalty advocates had hoped for a more definitive answer from the Biden administration. Support for the death penalty among Americans is at near-historic lows after peaking in the mid-1990s and steadily declining since, with most recent polls indicating support now hovers around 55%, according to the nonpartisan Death Penalty Information Center in Washington, D.C.</p>
<p>Ruth Friedman, Director of the Federal Capital Habeas Project, which represented some of the prisoners on death row, said Garland's action was a step in the right direction, but it's not enough. She called on Biden to commute the sentences.</p>
<p>"We know the federal death penalty system is marred by racial bias, arbitrariness, over-reaching, and grievous mistakes by defense lawyers and prosecutors that make it broken beyond repair," she said. There are 46 people still on federal death row.</p>
<p>The review is strikingly similar to one to one imposed during the Obama administration. In 2014, following a botched state execution in Oklahoma, President Barack Obama directed the Justice Department to conduct a broad review of capital punishment and issues surrounding lethal injection drugs.</p>
<p>Barr announced the restarting of executions in 2019, saying the Obama-era review had been completed and clearing the way for executions to resume. He approved the new procedure for lethal injections that replaced the three-drug combination previously used in federal executions with one drug, pentobarbital. This is similar to the procedure used in several states, including Georgia, Missouri and Texas, but not all.</p>
<p>Donald Trump's Justice Department resumed federal executions in July, following a 17-year hiatus. No president in more than 120 years had overseen as many federal executions. The last inmate to be executed, Dustin Higgs, was put to death at the federal prison complex in Terre Haute, Indiana, less than a week before Trump left office. </p>
<p>They were carried out during a worsening coronavirus pandemic. Toward the end of the string of executions, 70% of death row inmates were sick with COVID-19, guards were ill and traveling prisons staff on the execution team had the virus. It's impossible to know precisely who introduced the infections and how they started to spread, in part because prisons officials didn't consistently do contact tracing and haven't been fully transparent about the number of cases. But an Associated Press analysis found the executions were likely a superspreader event.</p>
<p>There were major discrepancies in the way executioners who put the 13 inmates to death described the process of dying by lethal injection. They likened the process in official court papers to falling asleep and called gurneys "beds" and final breaths "snores."</p>
<p>But those tranquil accounts are at odds with reports by The Associated Press and other media witnesses of how prisoners' stomachs rolled, shook and shuddered as the pentobarbital took effect inside the U.S. penitentiary death chamber in Terre Haute. The AP witnessed every execution.</p>
<p>Secrecy surrounded all aspects of the executions. Courts relied on those carrying them out to volunteer information about glitches. None of the executioners mentioned any.</p>
<p>Lawyers argued that one of the men put to death last year, Wesley Purkey, suffered "extreme pain" as he received a dose of pentobarbital. The court papers were filed by another inmate, Keith Nelson, in an effort to halt or delay his execution. But it went forward.</p>
<p>The federal Bureau of Prisons has declined to explain how it obtained pentobarbital for the lethal injections under Trump. But states have resorted to other means as the drugs used in lethal injections have become increasingly hard to procure. Pharmaceutical companies in the 2000s began banning the use of their products for executions, saying they were meant to save lives, not take them. </p>
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