Department of Obstruction of Justice

· Sunday, April 17, 2011

President Obama well may have begun another undeclared war -- this time on states that try to enforce their own death penalty laws -- on the dubious grounds that the Food and Drug Administration has not approved drugs intended to kill convicted killers.

On March 15, the Drug Enforcement Administration seized Georgia's supply of sodium thiopental, the first drug given under the three-drug lethal injection protocol used in most of the country's 34 death-penalty states. The DEA also asked Kentucky and Tennessee for their sodium thiopental to aid its investigation.

Why? The DEA referred me to the Department of Justice, which sent an e-mail declining to comment. News reports indicate that the feds had concerns that the drugs were imported improperly.

In the meantime, defense attorneys for convicted killers have been happy to chat with the press about what they call the illegal purchase of the drug. They never give up. First, international death penalty opponents blocked foreign manufacture of lethal injection drugs. Then, they put so much pressure on the industry that U.S. manufacturer Hospira stopped making it. As the supply dried up, states scrambled to get remaining doses and turned to a British wholesaler. That created another opening.

A lawsuit filed in a District of Columbia federal court charges that Georgia, California and other states have received shipments of "foreign thiopental" that was "misbranded" -- and worse, not FDA approved. Attorney Bradford Berenson, who worked in the George W. Bush Justice Department, told me he's not morally opposed to the death penalty. The goal of the suit was to force the FDA "to follow the law" and not allow "the importation of unapproved foreign drugs."

Berenson warned that if thiopental is not administered properly, the middle drug in the protocol could cause excruciating pain. "Where this is clearly headed," he said, "is changing the lethal injection protocols to no longer rely on this drug" -- but instead try another anesthetic, maybe pentobarbital or propofol.

Problem: In response to the thiopental squeeze, Texas switched to pentobarbital. So: The ACLU tried to block the switch by arguing, among other things, that the lethal dose would not be administered by a health care professional. The next hitch: Medical associations bar doctors from participating in executions.

Back to the feds. It defies all logic that federal law enforcement would investigate a state for possessing a shipment approved by the FDA for a procedure that the U.S. Supreme Court upheld in a 7-to-2 vote in 2008. If death penalty opponents can't defeat a law at the ballot or legislatively, they go to the courts. If the courts don't comply, they go after doctors, drug companies and corrections departments, and now they have the federal government doing their dirty work.

No wonder people think the government is too big: The DOJ has directed the DEA to investigate corrections departments for possessing a drug in shipments approved by the FDA for a punishment upheld by the U.S. Supreme Court.

California obtained its sodium thiopental like the other targeted states, but state Department of Corrections and Rehabilitation spokeswoman Terry Thornton told me that the feds are not investigating the state's supply.

Why would they? California has not seen an execution since federal judge Jeremy Fogel effectively ended them in February 2006. Other lawsuits have added to the tangle.

FYI, the California Corrections Department had the thiopental tested, and it is now lab-certified. Berenson was unimpressed.

Kent Scheidegger, legal director of the conservative Criminal Justice Legal Foundation, thinks one way to impede stall-inducing litigation would be to reinstitute the gas chamber, but use nontoxic gas to replace oxygen. "It gets rid of this whole notion of a quasi-medical procedure," he explained, when execution is in reality "a punishment" for horrific crimes.

Of course, first Sacramento would have to pass a law. Then there'd be administrative law reviews. Add another decade.

Steve Livaditis no longer is a party in the suit against the FDA -- but the San Quentin Death Row inmate was a fitting plaintiff. When he was convicted for killing three people in a 1986 jewelry heist, a probation report noted that at first Livaditis said he felt guilt over the brutal slayings, but then he started reading the Bible, and "since I accepted Jesus, I have a clear conscience."

As the Los Angeles Times reported, Livaditis didn't believe he would be executed soon. "It'll be a number of years. ... I hope to have the sentence commuted and maybe get out someday," he told a probation officer.

Thank you, Attorney General Eric Holder. And pleasant dreams, Mr. Livaditis.

COPYRIGHT 2011 CREATORS.COM


Third-party content does not necessarily reflect the opinions of The Patriot Post.


Comments

KYJeff

Seems these actions are fairly routine for this administration. I am getting harder to shock daily. I never understood why the menu book of appeals of death penalty cases is permitted by the courts. We have opponents of the penalty claiming the same old appeals again and again. Now the administration is helping open new avenues for these people. Gee, I wonder why the sentence from a 1986 conviction has not been carried out. Oops, must be the creation of new obstacles by the opponents. Justice delayed IS justice denied.

Posted April 17, 2011 at 8:16:06 AM


Doktor Riktor Von Zhades

1)Bring back ol' sparky

2 Bullets do not need FDA approval

3)Hemp is cheap and easy to grow

4)One appeal and one appeal only

As KYJeff said abov it's harder to be shocked by these people. Seemingly the only life they value are those who by their actions have taken the life of another person. May the blood of the victims run through their dreams, for it is on their hands.

Posted April 17, 2011 at 9:17:57 AM


mrkim

I'm certainly incapable of finding flaws with the above comments bu KY and the Doktor.

There seems no limits to the ways Obozo and his lackey in charge of the Dept. of Justice (which BTW draws ever more closely to resembling Orwells Ministry of Justice) are willing to politicize and agendize the actions of our governments arm of justice and sadly, I too am just about incapable of being shocked about that any more.

The concept of anything like justice under American law has taken a back seat for far too long already as it's been manipulated to suit one agenda or another, but the current levels of injustice are indeed stupefying to say the least.

While libs have long opted for support of convicted criminals rights over those of their victims (and victims families seeking the justice defined by law), never in the past have they also found such willing support coming from the Justice Dept.

The game of musical chairs this current situation reveals regarding the death penalty falls all too neatly inline with actions regarding oil drilling, growth of the economy in general and once more simply points to the over arching of federal govt and the need to decrease both its size and scope.

Over-regulation and conflicting regulatory powers by the fed and most assuredly ones that also violate and/or confound states rights are ideas and principles our founding fathers sought to eliminate in our founding documents.

However, when the Dept. of Justice in collusion with liberal policies enacted by the legislative branch continue to over reach their mandated authority it has to leave many of us to wonder what alternative is truly left aside from open revolt to redirect these wayward and unconstitutional actions?

Though I wasn't shocked to read of it, the audacity certainly did amaze me in reading yesterday that though Obama agreed in signing off on the recently passed budget deal the denial of funding for several of his czars (/

Kim Steele

Posted April 17, 2011 at 10:00:51 AM


mrkim

Sheesh, gotta start savin these comments before hittin the POST button as they continue to cut off the end. Continued below

--------------------------------------------

Though I wasn't shocked to read of it, the audacity certainly did amaze me in reading yesterday that though Obama agreed in signing off on the recently passed budget deal the denial of funding for several of his czars (I do find it amazing we use a decidedly rooskie based term to define unelected or congressionally validated cabinet members!) and has publicly stated he will refuse to adhere to that portion of the legislation!

It would seem Obozos "Audacity of Hope" has become more audacity in general in supporting the system of laws and governance he swore to uphold when he took office.

BTW, though the MSM has avoided the topic quite neatly, has anyone else noticed the number of minority czars/cabinet members/SCOTUS candidates, etc. put forth within this administration?

I know, I know .... to all the liberal lurkers here, go ahead and cue up the race card again :>/

Kim Steele

Posted April 17, 2011 at 10:17:04 AM


Howard Last

Lets go back to the method of execution when the Bill of Rights was adopted, public hangings. If it was good enough for our Founding Fathers it is good enough for me. What we need to adopt is Thomas Jefferson anti-crime program when he was governor of Virgina. If you were convicted of murder on Tuesday, you were hung on Wednesday. The only exception if you were convicted on Saturday they waited until Monday to hang you. Or as an alternative, how about turning the murder over to the victims family and friends? Lets see should they use a .30-30 or .30-06?

Posted April 17, 2011 at 1:11:41 PM


Mr.Bones.

The same people who have no problem when an unborn,partial born,or fully born baby is ripped out of a womans womb and throw in a garbage can.Seem to be so worried about criminals having pain when they're executed.Howard 30-30 and 30-06's are to expensive to waste on this trash.Might I suggest a .22cal. H.P.They're inexpensive.I would be more than willing to supply the ammo,an pull the trigger if asked to.Semper Paratus.

Posted April 17, 2011 at 6:34:12 PM


Howard Last

Mr.Bones - you will have to get in line. I will be in line also to release the trap.

Posted April 17, 2011 at 8:46:41 PM


Mr.Bones.

Howard that wouldn't be a problem.I'd be glad to wait for my turn.But for some strange reason.I think it would be a very long line,and we'd be at the end of a very long line.I do think we'd both have enough patients to wait for our turn.It would be difficult,but well worth the wait.Semper Paratus.

Posted April 18, 2011 at 7:55:18 AM


Brian

There is so much BS in this administration it's getting hard to see daylight.

1st off: It's time to admit that criminals have NO rights under the constitution. The way it was taught to me in American Gov't class back in the 80's is that your rights are guaranteed by the Constitution only so long as they don not infrige upon anyone else's rights. Therefore, a murder has infringed upon someone else's right to life, liberty, etc., and therefore no longer has any.

Secondly, is anyone really surprised when Obama says he will not abide by a law he doesn't agree with? It's just part and parcel for this administration in as much as he truly believes himself above the law.

Lastly, who really cares if a death row inmate is comfortable and pain-free during his execution? I say, make it hurt.

Posted April 18, 2011 at 12:38:46 PM


Ted R. Weiland

Howard: "Lets go back to the method of execution when the Bill of Rights was adopted, public hangings. If it was good enough for our Founding Fathers it is good enough for me." Better yet, let's go back to stoning. If it was good enough for Yahweh, it should be good enough for all of us. In Psalm 19:9, David depicted this and the other Biblical judgments as "altogether righteous."

There are several important reason why Yahweh mandated stoning as the principal means of execution for capital crime. If you would like to know what they are, see "Amendment 8: Bail, Fines, & Cruel and Unusual Punishments" at http://www.missiontoisrael.org/biblelaw-constitutionalism-pt17.php.

Posted April 18, 2011 at 1:32:46 PM


Kurt Simmons

Perhaps we should issue unlimited smoking supplies to those facing execution. If "tobacco Nazi's" can be believed, death will follow immediately. Or, failing that, make them stay in a room with smoking prison guards until they expire of second hand smoke.

Posted April 18, 2011 at 2:11:20 PM


Harriet Stowe

We spend more money in court trying to kill these people than it would cost to keep them locked up for life. Let them live in maximum security prisons for life. Read The Confession by John Grisham.

Posted April 18, 2011 at 3:41:14 PM


Syr Knight

Is this the world we now live in? That for which Justice must be delayed indefinitely? Politics have infiltrated so much of our daily life that I'm not so sure what is and is not "political".

As far as the death penalty? While it is applauded that we give leniency to those that have wronged us, those that have been properly judged to be held accountable for their actions SHOULD be held accountable! Alas, we no longer allow drawing and quartering. T'would it not help deter those with ill-intentions? I think it may. But then again, it would probably galvanize the jesters of our world and cost the innocent more than the depraved.

Just as an aside? What happened to Justice? Honor? Integrity? Charity? Patience? Of Virtue?! *sigh*

Posted April 18, 2011 at 3:42:17 PM


Doktor Riktor Von Zhades

As many of you have read above the "Goot" Doktor supports the death penalty. However I would be willing to concede imprisonment for 20 years if it were under the following conditions;

Use the Aleutian Islands OR the middle of Death Valley or some other God-forsaken place, as a national penal system. No need for a fence, no need for guards. Supply basic, (translate - minimal) necessities for life and leave them on their own. Those that survive their full 20 years get to come home, with a GPS chip inserted in their arms so anyone can monitor them at anytime.

Cruel and unusual, you betcha! But think of the deterrent factor. Many of these dirtbags that kill someone, KNOW, that they'll have endless appeals, neomarxist celebrities speaking out on their behalf, and pretty much a free ride in the way of 3 hots and a cot. While I understand that prison life is not a bed of roses, it's not what it could be if my idea were implemented. No communications with the outside world, none, nada, zippo. All food supplies air dropped, any maintenance can be and WILL be done by the prisoners themselves IF they want to survive.

So now I ask you neomarxist types, which would be more humane? Execution or 20 years in a frozen wasteland?

Posted April 18, 2011 at 5:03:41 PM


JTG

Let's start with defunding the ACLU, a worthless organization that serves to delay and confuse issues.

A firing squad is a painless form of execution and much less expensive. Of course, we wouldn't be politically correct as it relates to being humane.

Oh well.

Posted April 18, 2011 at 5:50:33 PM


DTB

I think they should just go back to the firing squad to get rid of all this chemical nonsense.

Posted April 18, 2011 at 7:33:52 PM


Howard Last

All it would take to get the murders to their reward faster would be one state to tell the judges to go pound sand and execute a dirt bag the day after the trial. The courts have no thugs to enforce their orders.

Posted April 19, 2011 at 12:53:21 AM


The Bad LT

"Berenson warned that if thiopental is not administered properly, the middle drug in the protocol could cause excruciating pain."

Really? Excruciating pain? WHO CARES??? What about the pain the convict caused the victim or the victim's family?

Three hots and a cot, plus a painless death? NOPE. They should get hard labor and a slow, excruciating, death.

Posted April 19, 2011 at 11:55:34 AM


Jon Wardlow

If I were to be executed, I'd prefer a firing squad - seriously. Give me oh a dozen shooters aiming at my head. (Immediate brain death seems pretty humane to me.)

The idea of lethal injection itself bothers me in the sense that shots are medical things usually reserved to make us well or immunize us. The idea of being strapped down seems less free to me than standing me against a wall for shooting.

I agree with all the posters that say the death penalty is about killing you, death is supposed to hurt! Hurt badly enough to kill you...

That said, I'm a middle of the roader on death penalties. There should be hard evidence and 'more than one' witness.

Let's call all the arguement over the use of XYZ drug what it is - an avenue to derail executions, period.

Posted April 19, 2011 at 4:46:46 PM


pete

A .22 round costs only cents, and a burlap sack over the head stops any nasty splatter. Use two or three if there's any doubt about the fatality. They are still only pennies apiece.

Posted April 19, 2011 at 6:23:59 PM


Sprinkler

One;

If our Justice system was found to be infalable, then I could support the death penalty. However it will never be infalable since it is a system that has been developed by humans and is used by humans.

Two;

I too am baffled by liberals who say it's not okay to kill a seal or a convicted killer, but it's perfectly okay to kill an innocent child who has not even seen the face of his father or mother.

Three;

I could agree to the elimination/suspension of the death penalty when and if, life meant life in each and every state. When a convicted killer is set free no matter when in his/her life this occurs and whether or not they are truely repentant, then justice for all victims of that crime is also denied.

Four;

Evil is evil and some people are truely evil. Those who say that the death penalty doesn't deter crime, how about all the crimes a killer who is executed, won't be able to perpetrate, once he/she are dead.

Posted April 20, 2011 at 1:30:37 PM


Sprinkler

Finally,

Why is the FDA even involved? If their mission is to make sure that drugs are safe for use and are effective in their life saving or pain reducing role, then why are they concerned or even have jurisdiction where the chemicals purpose is to kill someone.

Seems to me the FDA has no jurisdiction here.

Posted April 20, 2011 at 1:33:39 PM


Post a Comment

Please keep comments civil and brief. Obscene, profane, abusive and off-topic comments will be deleted. Repeat offenders will be blocked.

(required, displayed)
(required, not displayed)
Facebook Twitter YouTube RSS Connect with The Patriot Post






Our Mission

To Support and Defend -- Read The Patriot Post -- It's Right. It's Free. -- www.patriotpost.us

"The Patriot's mission is to advocate for Essential Liberty, the restoration of constitutional limits on government and the judiciary, and to promote free enterprise, national defense and traditional American values. Our objective is to provide Patriots across our nation with a touchstone of First Principles through brief, informative and entertaining analyses of relevant news, policy and opinion from reputable research, advocacy and media organizations, so they may better support and defend those Principles, and enlist others to join our ranks." —Mark Alexander, Publisher


The Patriot Post is not sustained by any political, special interest or parent organization, and we accept no advertising. Our mission and operations are funded entirely by the voluntary financial support of Patriots like you!

Support The 2012 Patriot Fund