"Tennessee bars journalists from witnessing the intravenous line insertion process, the first major step of the lethal injection protocol."

"I noted the time we entered the chamber. After about seven minutes of searching for a vein, they were able to insert an IV into his right arm. Then, following protocol, they also tried to set an IV in his left arm. That failed, so they moved on to his left hand, poking him over and over again. Cycling through needles, the executioners communicated mostly through tense glances and head shakes.... About 30 minutes in, a doctor entered and... told the executioners to remove Mr. Carruthers’s socks and search for veins in his feet.... After that didn’t work, the doctor asked whether anyone in the room knew how to gain access to Mr. Carruthers’s jugular vein. Then, the doctor decided to attempt to establish a central line... puncturing the neck, chest or groin.... Eventually, the doctor said he was not able to set a central line.... By then, an hour had passed. Still, the execution team continued probing his body for another access point....The state’s constructed illusion of precision had collapsed, revealing something far more chaotic and brutal...."

Writes Maria DeLiberato, in "In a Tennessee Execution Chamber, I Saw Chaos" (NYT).

The chaos ended because the governor acted, delaying the execution for another year. It's already been a long time. Carruthers was sentenced to death in 1996. 

"The British wife of a death row prisoner screamed 'I love you' as her husband was executed in Texas last night...."

"James Broadnax, 37, protested his innocence in his dying moments, saying 'Texas got it wrong,' as his wife, Tiana, spread her arms against the execution chamber window and had to be helped out of the room. 'My husband suffered so bad from the lethal injection that he had a nose bleed and bruising on his neck,' said Tiana, 31, on TikTok. 'I’m going to expose everyone. The fight didn’t end here, it got worse. You killed Mr Broadnax, but you ain’t killed MRS BROADNAX.'"

From "James Broadnax’s British wife shouts ‘I love you’ as he is executed/Death row inmate who had been convicted of double murder died by lethal injection in Texas even after his cousin had confessed to being the killer" (London Times).

Tiana met Broadnax after finding his story on the website writeaprisoner.com and writing to him. She married him 2 weeks before his scheduled execution and never touched him. She did use an old T-shirt of his to experience his smell.

Trump answers the question "Did the CIA tell you that Ayatollah Jr. is gay?"

"They did say that. I think a lot of people are saying that, which puts him off to a bad start in that particular country. I sort of have to smile to myself when I see people trying to defend the Palestinian regime for women — women for Palestine — but they kill women if... you don't wear a certain cloth all over your face, you have no chance of living. When I look at gays for Palestine  — but they kill gays. The kill 'em instantly. They throw 'em off buildings. And I'm saying, who are the gays for Palestine? They have a significant amount of gays for Palestine. Now... you know, I did very well with the gay vote, okay? I even played the gay national anthem as my walk-off, okay? And I think it probably helped me, but I did great. No Republican has ever gotten the gay vote like I did and I'm very proud of it, I think it's great. Perhaps it is because I'm from New York City, I don't know. But the gay national anthem was my walk-off and I think it probably — but think of it, gays for Palestine, but they kill gays in Palestine. So when they hear that I think probably we can talk about it but it shouldn't be too hard."

If you like Trump answers that contain miscellaneous material, this episode of "The Five" is a feast. If Trump's weave makes you anxious/angry/insane, buckle in.

"By protecting the lives of preborn children with the same laws that protect people who are born, we are simply loving our neighbors in the womb as ourselves."

Said Southern Baptist Convention President Clint Pressley, quoted in "TN bill would allow death penalty for women who have an abortion/Tennessee has some of the strictest anti-abortion laws in the country. The Human Life Protection Act prohibits all abortions from fertilization, without exceptions for rape or incest" (The Tennesseean).

Two Tennessee Republicans are seeking to impose the death penalty on women who have abortions, requiring the same penalties for women “involved in the homicide of her own unborn child” as defendants charged with homicide.... The bill specifically removes legal protections for pregnant women currently in statute, and classifies harm done to an unborn child as equal to assault on a person "born alive."

It would not apply to “a spontaneous miscarriage,” or to “unintentional death of an unborn child” after “undertaking life-saving procedures” to save the life of the mother and “to save the life of the unborn child.” No other exceptions are specified in the amendment text....

Imagine an oral argument in our current Supreme Court on the question whether the death penalty for abortion is cruel and unusual punishment. I suspect you'll want to say it will never come to that. 

Hangings.

Yesterday, I was reading the Nicholson Baker essay "The History of Punctuation" (in "The Size of Thoughts: Essays and Other Lumber" (commission earned)), when I came across a passage about John Lennard’s "But I Digress," which is, we are told, "gracefully written and full of intelligence, decked out with a complete scholarly apparatus of multiple indices, bibliographies, and notes, whose author, to judge by the startling jacket photo (shaved head with up-sticking central proto-Mohawk tuft, earring on left ear, wilted corduroy jacket, and over-laundered T-shirt bearing some enigmatic insignia underneath), put himself through graduate school by working as a ticket scalper at Elvis Costello concerts. (A discussion of Elvis Costello’s use of the parenthesis in 'Let Him Dangle' figures in a late chapter.)"

I would buy "But I Digress" so I could quote the part about "Let Him Dangle," but though Amazon shows 13 Kindle books titled "But I Digress," none are by John Lennard. I did find a hardback edition, but it's $239.00 and out of stock. So I can't tell you precisely what it has to say about the parentheses. 

So here's Elvis, doing his song, which is about Derek Bentley, who did dangle (for having uttered the ambiguous words "Let him have it"):

Did you notice the parentheses? It's a song! We'll have to look up the lyrics. The parentheses are in the bridge:

"Forced to marry her cousin at 12, Kouhkan became pregnant at 13 and gave birth to a son. She suffered physical and emotional abuse..."

"... for years. On the day her husband was killed, Kouhkan found him beating their son, then aged five. She called her husband’s cousin, Mohammad Abil, for help. When he arrived a fight broke out which resulted in the death of her husband...."

From "Child bride spared execution in Iran after blood money is paid/Guardian story helped to draw attention to planned hanging of Goli Kouhkan over death of abusive husband" (The Guardian).

"Iran executes the highest number of women in the world, according to available data. Amnesty International said that at least 30 women were executed in the country last year. At least 42 women have been executed in 2025 so far – 18 for murdering their husbands, including two child brides, according to Iran Human Rights."

"Grover Cleveland... was most easily roused to wrath when someone was misquoting Tennyson. There was thus some irony..."

"... when, in later years, Cleveland's political opponents dubbed him 'The Buffalo Hangman,' both because the label could have boomeranged in his favor and because it masked the fact that Cleveland was an especially faint-hearted executioner.... And yet he didn't have to do it...."

My son Chris reads biographies of the American Presidents and sometimes texts me photographs of striking passages.

This comes from "A Man of Iron: The Turbulent Life and Improbable Presidency of Grover Cleveland" (commission earned):

"Mr. Boyd had chosen the nitrogen method over lethal injection in 2018, when prisoners were given a month to choose. But..."

"... he later challenged its use, arguing earlier this year in court that the method was cruel and that the state’s protocol was inadequate.... Lee Hedgepeth, a journalist in Alabama who witnessed the execution, said he counted Mr. Boyd gasp for air more than 225 times before he was pronounced dead.... [Dissenting in the Supreme Court case], Justice Sotomayor urged people to open the stopwatch app on their phone and run it until it reached four minutes. 'Now imagine for that entire time, you are suffocating,' she wrote. 'You want to breathe; you have to breathe. But you are strapped to a gurney with a mask on your face pumping your lungs with nitrogen gas.'"

From "Lengthy Execution by Nitrogen Gas in Alabama Renews Concerns Over Method/Anthony Boyd was the eighth person executed by nitrogen gas since Alabama began using the method last year. His execution came over the strenuous objection of three liberal Supreme Court justices" (NYT)

Boyd, in his last words, insisted that he was innocent. The victim died "bound and taped to a park bench... doused... in gasoline and lit... on fire." 

"But I think the meta text of why it was so shocking was all of the people that were waved off as conspiracy theorists. Right wing fever swamp people were completely right."

"Were a hundred percent right. They were completely right. And the people who, you know, even now, you know, you still hope they're telling the truth. Like maybe we can trust some of what they say they were this profoundly wrong. I think that is like the, the deeper layer of the shock."

Says Bari Weiss, somewhat babblingly. 

Jake Tapper, who has more reason to babble, speaks eloquently:

"Is there footage of this thing gasping for breath for two minutes before expiring? I need some light comedy before bed."

Says one commenter on "SC cop killer Mikal Mahdi chose upscale final meal before he was executed by firing squad" (NY Post).

And there is this, from Mahdi's lawyer: "Faced with barbaric and inhumane choices, Mikal Mahdi had chosen the lesser of the three evils.... Mikal chose the firing squad instead of being burned and mutilated in the electric chair, or suffering the lingering death on the lethal injection gurney."

Having given you 2 sides of the death penalty issue, I will take the liberty to turn the topic to grammar — the lawyer's grammar. You shouldn't say "the lesser of three evils." It's correct to say "the lesser of 2 evils," but "lesser" is used when there are only 2 things. If there are more than 2, you've got to use "least" — "the least of 3 evils."

That "the lesser of 2 evils" is a very common phrase and "the least/lesser of 3 evils" feels new is evidence of our tendency to see our choices as binary.

For the annals of Things I Asked Grok:

"Biden did the right thing granting clemency to 37 federal death row inmates."

Writes Russ Feingold (at The Hill).

With this courageous action, President Biden has lived up to his promise as the first president to openly oppose capital punishment and secured his legacy as a champion of racial justice, compassion, and fairness.

If he's truly opposed to capital punishment, he should have commuted the sentences of all 40 federal death row inmates. That would have taken more courage. The 3 excluded from this show of empathy were the 3 most famous. Applying principle to them would have kicked up a much bigger political storm. So where is the principle?

President Biden has shown clear moral leadership by commuting these 37 federal death sentences. Not only does this action effectively fulfill his 2020 promise to end the death penalty at the federal level, it should also serve as a model and an incentive for state leaders to follow suit.

No. The "37" says it all. You need to save all 40 before you can claim "clear moral leadership." The real test would be sparing those last 3: Dzhokhar Tsarnaev, Robert Bowers, and Dylann Roof.

That would be difficult. That would take courage.

Biden just commuted "most federal death sentences" — that is, 37 of them — but in all this mercy, he left 3 men doomed.

I'm reading "Biden commutes most federal death sentences before Trump takes office/Thirty-seven inmates will serve life without parole. Three others, involved in cases of 'terrorism and hate-motivated mass murder,' still face execution" (WaPo)(free-access link).

Who were the 3? 

Those he did not spare are: Dylann Roof, the white supremacist convicted of killing nine Black parishioners at a South Carolina church in 2015; Robert Bowers, who carried out the country’s deadliest antisemitic attack when he killed 11 people at the Tree of Life synagogue in Pittsburgh in 2018; and Dzhokhar Tsarnaev, the Boston Marathon bomber.

What made those 3 stand out in that collection of 40 murderers? Oddly enough, the link on Dzhokhar Tsarnaev goes to at 2020 article titled, "Death sentence overturned for Boston Marathon bomber." Bowers and Roof are alike in that their victims were chosen based on the group they belonged to and the killings took place in a house of worship. But what makes Tsarnaev like them?

What puts the 3 in one set is their fame. Anything else? Who were the 37 who received commutations? It's easier to spare nobodies.

Biden is, it seems, trying to rack up achievements. (Did you hear the one about the Equal Rights Amendment?) Should he be doing that after we've learned so much about how not there he is these days? His party has been voted out, he's already gone, and we don't know who is acting in his name. That's the real outrage here.

"It was unclear when the gas began flowing. Grayson rocked his head, shook and pulled against the gurney restraints."

"He clenched his fist and appeared to struggle to try to gesture again. His sheet-wrapped legs lifted off the gurney into the air at 6.14pm.... He took a periodic series of more than a dozen gasping breaths for several minutes. He appeared to stop breathing at 6.21pm, and then the curtains to the viewing room were closed at 6.27pm, with Grayson pronounced dead at 6.33pm.... Alabama is the only state to use the method... pumping nitrogen through a mask and depriving someone of oxygen. It has been banned by veterinarians for use on most mammals.... John Hamm, Alabama corrections commissioner, said... he thought some of Grayson’s initial movements – shaking and gasping on the gurney – were 'all show' but maintained that other movements exhibited by Grayson and the two others executed by nitrogen gas were expected involuntary movements, including the breathing at the end."

From "Alabama man shook and gasped in final moments of nitrogen gas execution/Death of Carey Dale Grayson, 50, marks third time the southern US state has killed someone using controversial method" (The Guardian).

"The 41-year-old inmate had garnered attention in previous years, including when he sought to donate a kidney in 2022 to atone for his crime — a petition Texas denied...."

"During his trial, psychiatrist Edward Gripon testified that recidivism rates among people who commit sex crimes are as high as 80 percent — a statistic that was widely used at the time to justify punishment, but that has since been debunked. Gripon told the court that Gonzales would be a future danger 'wherever he goes' because he suffered from an incurable and violence-inducing mental disorder. Gripon relied on written statements from Gonzales’s cellmate saying that Gonzales had spoken about the crime and said 'he would do it again.' The cellmate in 2019 recanted his testimony and said an officer had threatened him with a harsher sentence if he didn’t help vilify Gonzales...."

From "Tex. inmate executed after expert recanted testimony on ‘future dangerousness’/Ramiro Gonzales was executed by lethal injection Wednesday after Texas’s Board of Parole and Pardons unanimously voted Monday to deny his clemency petition" (WaPo).

"It's a rare verdict - she is one of very few women in Vietnam to be sentenced to death for a white collar crime...."

"Truong My Lan was convicted of taking out $44bn (£35bn) in loans from the Saigon Commercial Bank.... The habitually secretive communist authorities were uncharacteristically forthright about this case.... They said 2,700 people were summoned to testify.... Vietnamese law prohibits any individual from holding more than 5% of the shares in any bank. But prosecutors say that through hundreds of shell companies and people acting as her proxies, Truong My Lan actually owned more than 90% of Saigon Commercial.... Her loans made up 93% of all the bank's lending.... According to prosecutors, over a period of three years from February 2019, she ordered her driver to withdraw 108 trillion Vietnamese dong, more than $4bn (£2.3bn) in cash from the bank, and store it in her basement. That much cash, even if all of it was in Vietnam's largest denomination banknotes, would weigh two tonnes."

From "Truong My Lan: Vietnamese billionaire sentenced to death for $44bn fraud" (BBC).

"Alabama, unless stopped by the courts, intends to strap inmate Kenneth Eugene Smith to a gurney and use a gas mask to replace breathable air with nitrogen..."

"... depriving him of oxygen needed to stay alive, on Thursday in the nation’s first execution attempt with the method. The Alabama attorney general's office told federal appeals court judges last week that nitrogen hypoxia is 'the most painless and humane method of execution known to man.'"

The Messenger reports.

"Zack suffered from fetal alcohol syndrome, the result of his mother drinking heavily throughout her pregnancy."

"When he was 3, he was hospitalized for drinking about 10 ounces of vodka.... [H]is stepfather... forced him to perform sex acts, kicked him with spurs, beat him, ran him over with a car, forced him to drink alcohol, injected him with drugs, attempted to drown him and created devices to electrically shock him if he wet the bed.... When he was a child, Zack’s older sister killed their mother with an ax.... As an adult... [h]e was unable to cook, measure, select weather-appropriate clothing, follow a bathing routine, follow directions, pass a driver’s test or open a bank account.... In 2002... the Supreme Court held that executing people with intellectual disabilities violated [the] constitutional protection against cruel and unusual punishment.... but courts repeatedly denied him relief, citing Florida’s IQ score cutoff...."

 
From "Florida Executes Man Sentenced To Death By Split Jury/Michael Zack’s lawyers say he had an intellectual disability. He was killed amid Gov. Ron DeSantis’ push to make it easier to execute people" (HuffPo).

Taking stochastic terrorism seriously.

I'm reading "Trump Floats the Idea of Executing Joint Chiefs Chairman Milley The former president is inciting violence against the nation’s top general. America’s response is distracted and numb" (Brian Klass, in The Atlantic)(analyzing Trump's Truth Social post that said Milley’s call to China on l on January 6, 2021, was 'an act so egregious that, in times gone by, the punishment would have been DEATH'):

Trump loves to hide behind the thin veneer of plausible deniability, but he knows exactly what he’s doing.... The suggestion is clear, and it comes from a man who has one of America’s loudest megaphones—one that is directed squarely at millions of extremists who are well armed, who insist that the government is illegitimate, and who believe that people like Milley are part of a “deep state” plot against the country. 

Academics have a formal term for exactly this type of incitement: stochastic terrorism.

"President Biden has rejected a list of proposed conditions sought by the five men who are accused of conspiring in the Sept. 11, 2001, terrorist attacks..."

"... in exchange for pleading guilty and receiving a maximum punishment of life in prison, according to two administration officials....  The case has been bogged down in pretrial proceedings in Guantánamo Bay, Cuba, for more than a decade.... In talks with prosecutors, defense lawyers said Khalid Shaikh Mohammed, the accused mastermind, and four other defendants wanted certain accommodations, including assurances they would not serve their sentences in solitary confinement and could instead continue to eat and pray communally — as they do now as detainees at Guantánamo Bay. The prisoners also sought a civilian-run program to treat sleep disorders, brain injuries, gastrointestinal damage or other health problems they attribute to the agency’s brutal interrogation methods during their three to four years in C.I.A. custody before their transfer to Guantánamo Bay in 2006...."

From "Biden Rejects Proposed Conditions for Plea Deals in Sept. 11 Case/Five Guantánamo detainees accused of aiding the attacks wanted a promise of care for torture-related trauma and to avoid solitary confinement" (NYT).

"... Mr. Biden took no position on the general notion that a plea deal could eliminate the possibility of death sentences...."

"Thinking it might be fun to try to see how the language model performs as a Socratic conversation partner, I attempted a rough version of Plato’s Crito...."

"... in which ChatGPT plays the titular role. As you will see, ChatGPT isn’t the subtlest actor; there were some stumbling blocks in setting up the dialogue and keeping the language model in character."

Writes philosophy professor Justin Weinberg (at Daily Nous). 

Here's an excerpt from the middle of the exchange that shows you how ChatGPT keeps repeating phrases that make it clear it has no opinion and is not actually the character to whom the human has assigned an opinion: