The nation in brief: Judge won’t halt Arizona execution

Judge won't halt Arizona execution

PHOENIX -- A federal judge on Saturday refused to halt an Arizona execution planned for Wednesday after the state provided attorneys for convicted killer Clarence Dixon with documents outlining testing done on the drug it will use, but an additional flurry of last-minute court action could still lead to a delay.

Saturday's hearing primarily focused on whether the barbiturate sodium pentobarbital that was compounded into a solution by a licensed pharmacist met expiration guidelines. But that issue itself was not before the judge, only Dixon's contention that he had a constitutional right to know the test results the state was relying upon to set the expiration date.

Once that was provided by the state Friday night, U.S. District Judge Diane Humetewa said she had nothing before her.

A pharmacist mixed a batch of the drug into a solution last September and sent it to a federally registered lab for testing, according to state documents. The testing showed it would last 180 days. The pharmacist then mixed a second batch from the same powder in February for use in Dixon's execution and the state contends it won't expire until August.

Dixon attorney Jennifer Moreno said the documents just provided by the state do not show what the state contends. Since they failed, Moreno said, the drugs the state plans to use actually expired in mid-April.

Moreno said an amended lawsuit seeking to explore that will be expedited.

Dixon's attorneys also plan to appeal to the Arizona Supreme Court a state judge's Tuesday ruling that while Dixon suffers from schizophrenia, he understands what is about to occur and therefore is competent to be executed.

If the state high court refuses to overturn that, they plan to turn to federal court on that issue. But time is running short, as Humetewa noted.

Pekoske chosen for second TSA term

WASHINGTON -- President Joe Biden will nominate David Pekoske for a second five-year term as administrator of the Transportation Security Administration, the White House announced Friday.

Pekoske, who previously served as the 26th vice commandant of the Coast Guard, was confirmed as the agency's seventh administrator in August 2017. In a message to employees Friday, Pekoske said it was an honor to be nominated to serve a second term and pledged to continue to support the agency's employees.

"If confirmed by the Senate for a second five-year term, we will continue to work tirelessly to improve employee recognition and pay, fostering a diverse and inclusive TSA culture, and pursuing innovative approaches to respond to emerging threats," Pekoske wrote.

Pekoske also has been named several times to lead the Department of Homeland Security on a temporary basis.

100 migrants found in back of trailer

GANADO, Texas -- Deputies found about 100 migrants in the back of a semitrailer that had broken down on a South Texas highway Friday, but many of them fled, authorities said.

Deputies with the Jackson County sheriff's office found the semitrailer about 7 a.m. just north of Ganado, about 90 miles southwest of Houston.

When authorities opened the back of the vehicle, many of the occupants -- whom authorities suspect illegally immigrated into the U.S. -- jumped out and ran away into nearby brush and cornfields, the sheriff's office said.

Deputies took 64 people, including the semitrailer's driver, into custody. The individuals who are illegally in the country are being processed by the U.S. Border Patrol, Jackson County Sheriff Kelly Janica said. Authorities were still searching the area for about 40 other migrants who fled on foot.

Nine of the people detained were treated at Jackson County Hospital for dehydration, Janica said.

Authorities did not say how long the migrants were inside the tractor-trailer before they were discovered.

Judge tosses Trump's Twitter case

LOS ANGELES -- A San Francisco judge threw out former President Donald Trump's lawsuit challenging his permanent ban from Twitter.

Trump failed to show that Twitter violated his First Amendment right to free speech, U.S. District Judge James Donato said Friday. Free speech rights don't apply to private companies and Trump failed to show Twitter was working as a state actor on behalf of Democrats, Donato wrote.

The suit had sought to reinstate Trump's account, which had roughly 89 million followers, and those of five others who claimed they were also censored by Twitter. The group had sought unspecified damages and class action status on behalf of others removed from the platform.

Twitter, Facebook and YouTube suspended Trump after the Jan. 6, 2021, insurrection. The companies cited concerns he would incite further violence.

Trump said last week that he wouldn't rejoin Twitter if given the chance.

Donato gave Trump another opportunity to amend his complaint. Trump's lawyer did not immediately respond to a request for comment.


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