On the most recent episode of HBO’s Last Week Tonight, John Oliver delved into the disturbing world of lethal injection and the increasing secrecy surrounding it within the U.S. justice system. This wasn’t Oliver’s first foray into the topic, having addressed lethal injection methods back in 2019. However, the landscape has grimly evolved, prompting a renewed investigation into the horrifying realities of capital punishment in America.
Since Oliver’s initial segment five years prior, 91 individuals have been executed in the United States. A stark number of these, thirteen, occurred under the Trump administration. Oliver argues that despite ongoing ethical and legal concerns, governments at both federal and state levels continue to pursue and refine methods of execution, often shrouded in secrecy. This veil of secrecy, he argues, is not accidental but a deliberate tactic to shield the public from the brutal truth of these procedures.
The Escalating Secrecy Around Execution Drugs
A key focus of Oliver’s segment was the growing difficulty in procuring drugs necessary for lethal injections. This scarcity has led state lawmakers to implement what are termed “secrecy statutes.” These laws are designed to protect the identities of businesses and individuals involved in the development and supply of these drugs. According to Oliver, this desire for secrecy permeates every level of the execution process.
This extreme secrecy pushes states to seek out drugs from increasingly questionable sources. Oliver highlights the inherent danger in this practice: when drugs are substandard, improperly formulated, or tainted, executions can devolve into agonizing ordeals, causing immense suffering. Such botched executions are not only horrific but also potentially unconstitutional, violating the Eighth Amendment’s prohibition against cruel and unusual punishment.
Sanitized Accounts vs. Autopsy Evidence
The Trump administration consistently presented sanitized narratives of the 13 federal executions carried out during its tenure. However, Last Week Tonight‘s investigation, citing independent autopsies of two executed individuals, revealed a starkly different reality. These autopsies showed the prisoners’ lungs were twice the expected weight, a clear indication of pulmonary edema. This condition, where fluid floods the lungs and airways, induces a sensation akin to drowning or suffocation, especially if anesthesia is inadequate – a significant concern given the secrecy surrounding drug protocols.
Unmasking Absolute Standards: A Questionable Supplier
Driven by these troubling autopsy results, Last Week Tonight embarked on an investigation into the source of pentobarbital used in federal executions during the Trump era. Through Freedom of Information Act (FOIA) requests, Oliver’s team pinpointed Absolute Standards, a company based in Connecticut, as the likely supplier. The critical issue, as Oliver points out, is that while Absolute Standards is registered with the Drug Enforcement Agency (DEA) to produce pentobarbital, these drugs are not approved for human consumption.
Oliver emphasizes that pharmaceutical companies producing drugs for human use are legally required to register with the FDA. Despite the Trump administration’s claims of using a “properly registered” supplier, FOIA requests to the FDA yielded no records of registration or inspections for Absolute Standards. Reuters had also reported in 2020 on Absolute Standards’ potential involvement, but the company’s director remained ambiguous, stating they often lack knowledge of the end-use of their products.
A Call for Transparency and Action
Oliver powerfully argues that this pervasive secrecy serves to shield the public from the true horror of the death penalty, regardless of the method employed – be it lethal injection, nitrogen gas, firing squad, electric chair, or other brutal means. He directly appealed to President Biden to commute the death sentences of all 42 federal death row inmates to life imprisonment without parole.
Beyond commutations, Oliver urged the Biden administration to investigate the legality of federal drug purchases from Absolute Standards. He further called on state legislatures to dismantle secrecy laws and champion transparency in all aspects of the death penalty process. In his concluding remarks, Oliver asserted that if the government insists on retaining the power to execute citizens, then complete transparency – from drug sourcing to execution protocols – is non-negotiable. “All this is being done in our name, and far too often, in secret,” Oliver stated, demanding public voice and scrutiny over a process with such profound consequences.
Sources:
- Amelia Neath, John Oliver rails against lethal injection ahead of Missouri execution: ‘Protracted nightmare of suffering’, The Independent, April 9, 2024.
- Adrian Horton, John Oliver on lethal injections: ‘A protracted nightmare of suffering’, The Guardian, April 8, 2024.
- John Oliver, Last Week Tonight, HBO, April 7, 2024.
