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A prisoner in Alabama is set to become the first inmate in America to be gassed to death with nitrogen after the US Supreme Court declined to halt his execution.

Convicted murderer Kenneth Smith is set to be executed on Thursday after his legal bid to have the method declared unconstitutional failed.

Smith’s survival following a botched lethal injection in 2022 helped prompt a review of the state’s death penalty procedures.

The Supreme Court justices denied Smith’s request to stay his execution and declined to hear his legal challenge contending that a second execution attempt by Alabama – after the first failed attempt caused him severe trauma – would violate the US Constitution’s Eighth Amendment protections against cruel and unusual punishment.

Smith, 58, is separately contesting the legality of Alabama’s nitrogen gas protocol on Eighth Amendment and other grounds.

Smith’s lawyers have urged the US Supreme Court to intervene, calling Alabama’s nitrogen-gas protocol “recently released and untested,” and “a novel method of execution that has never been attempted by any state or the federal government”.

Alabama’s gassing method – nitrogen hypoxia – is designed to deprive prisoners of oxygen by placing a mask connected to a cylinder of nitrogen over their face.

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Smith’s botched execution was the third consecutive instance in which Alabama officials encountered problems or delays inserting intravenous lines for a scheduled lethal injection, with two of the executions, including Smith’s, eventually called off, according to court filings.

State officials repeatedly tried and failed to place the necessary intravenous lines or a central line in his collarbone area before calling off the execution.

Smith’s lawyers have characterised the experience as torture and said that it “exposed him to the severe mental anguish of a mock execution”.

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Alabama Supreme Court approves use of nitrogen gas to execute prisoner
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Smith was convicted of the 1988 killing Elizabeth Sennett after he and an accomplice were hired as hitmen by her husband Charles Sennett, a Christian minister who had taken out a large life insurance policy on his wife.

She was stabbed repeatedly and beaten with a blunt object. Charles Sennett later committed suicide.

Smith’s accomplice also was convicted and sentenced to death and executed 2010.

States with the death penalty increasingly struggle to get the barbiturates used in lethal-injection protocols, in part due to a European ban on pharmaceutical companies selling drugs to be used in executions.

Alabama, Mississippi and Oklahoma have all introduced new gas-based protocols.

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Elon Musk hints 80-hour-a-week DOGE job for ‘high-IQ revolutionaries’ will be unpaid

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Elon Musk hints 80-hour-a-week DOGE job for 'high-IQ revolutionaries' will be unpaid

“Super high-IQ revolutionaries” who are willing to work 80+ hours a week are being urged to join Elon Musk’s new cost-cutting department in Donald Trump’s incoming US government.

The X and Tesla owner will co-lead the Department Of Government Efficiency (DOGE) with former Republican presidential candidate Vivek Ramaswamy.

And in a post on X, the official DOGE account put out a call to arms for people to sign up and help “dismantle government bureaucracy”.

The post said: “We are very grateful to the thousands of Americans who have expressed interest in helping us at DOGE.

“We don’t need more part-time idea generators.

“We need super high-IQ small-government revolutionaries willing to work 80+ hours per week on unglamorous cost-cutting.

“If that’s you, DM this account with your CV. Elon & Vivek will review the top 1% of applicants.”

Read more:
Who is in Trump’s top team?
Trump’s cabinet signals tough stance on China

Elon Musk speaks after President-elect Donald Trump spoke during an America First Policy Institute gala at his Mar-a-Lago estate. Pic: AP Photo/Alex Brandon
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Elon Musk speaking at an event held at Donald Trump’s Mar-a-Lago estate. Pic: AP Photo/Alex Brandon

In a reply to an interested party, Mr Musk suggested the lucky applicants would be working for free.

“Indeed, this will be tedious work, make lost of enemies & compensation is zero,” the world’s richest man wrote.

“What a great deal!”

When announcing the new department, President-elect Donald Trump said Mr Musk and Mr Ramaswamy “will pave the way for my administration to dismantle government bureaucracy, slash excess regulations, cut wasteful expenditures, and restructure federal agencies”.

Mr Musk has previously made clear his desire to see cuts to “government waste” and in a post on his X platform suggested he could axe as many as three-quarters of the more than 400 federal departments in the US, writing: “99 is enough.”

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RFK Jr chosen as Donald Trump’s health secretary – as president-elect says he will do ‘unbelievable things’

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RFK Jr chosen as Donald Trump's health secretary - as president-elect says he will do 'unbelievable things'

Donald Trump has chosen vaccine sceptic Robert F Kennedy Jr as his new health secretary and said he will do “unbelievable things”.

The news was announced by Donald Trump Jr on X, before the president-elect confirmed the appointment just moments later.

Former Democrat RFK Jr, the nephew of former president John F Kennedy, had been running as an independent presidential candidate but dropped out of the race and endorsed Mr Trump in August.

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From August: Kennedy family criticises RFK Jr after Trump endorsement

In return for Mr Kennedy’s support during the election, president-elect Trump pledged to give him a “big role” – and RFK Jr’s preference for the health position was widely reported.

Mr Trump spoke on Thursday night at a gala, hosted at his Mar-a-Lago retreat in Florida, which included tech billionaire Elon Musk and actor Sylvester Stallone.

Directly addressing RFK Jr, who was in the audience, Mr Trump said: “We want you to come up with things… and ideas… and what you’ve been talking about for a long time. I think you’re going to do some unbelievable things. Nobody’s going to be able to do it like you.”

The health and human services (HHS) department includes the Food and Drug Administration, the Centers for Disease Control and Prevention, Medicare, Medicaid and the National Institutes of Health.

RFK Jr will “restore these Agencies to the traditions of Gold Standard Scientific Research, and beacons of Transparency, to end the Chronic Disease epidemic, and to Make America Great and Healthy Again,” the president-elect wrote on X.

Donald Trump and Robert F Kennedy Jr in October during the presidential campaign. Pic: Reuters
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Donald Trump and Robert F Kennedy Jr in October during the presidential campaign. Pic: Reuters

Mr Trump added: “For too long, Americans have been crushed by the industrial food complex and drug companies who have engaged in deception, misinformation, and disinformation when it comes to Public Health.

“The Safety and Health of all Americans is the most important role of any Administration.”

Mr Kennedy is a known vaccine sceptic who has repeated misinformation on multiple occasions, including the discredited theory that childhood immunisations cause autism.

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The RFK Jr-led health department will “play a big role in helping ensure that everybody will be protected from harmful chemicals, pollutants, pesticides, pharmaceutical products, and food additives that have contributed to the overwhelming Health Crisis in this Country,” the president-elect added.

Earlier, his son Donald Trump Jr was the first to confirm the appointment, writing on X: “Robert F Kennedy Jr will be The Secretary of Health and Human Services! Promises Made Promises Kept.”

Read more:
Who’s in and who’s out of Trump’s top team?
Who is Robert F Kennedy Jr?

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When Trump met Obama and Biden

RFK Jr’s position will need to be confirmed with a Senate vote – but even with the chamber under Republican control, his appointment may face opposition because of his views on health issues.

Before Mr Trump announced his choice, Mr Kennedy had already claimed the new president would push to remove fluoride from drinking water on his first day in office. The addition of the compound has been cited as helping to improve dental health.

The department RKF Jr is hoping to oversee has more than 80,000 employees across the United States.

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Donald Trump picks controversial MAGA loyalist Matt Gaetz to be his attorney general

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Donald Trump picks controversial MAGA loyalist Matt Gaetz to be his attorney general

Donald Trump has picked fiery Florida congressman Matt Gaetz to be his attorney general – a man who was under investigation over sex trafficking just days ago.

Democrats have described the MAGA loyalist as “a gonzo agent of chaos” and his appointment a “red alert moment for our democracy”, while some Republican senators have also raised doubts about his suitability for the role.

It comes as Mr Trump won control of the House of Representatives, giving him full control of the government, and continues to fill out his top team.

Mr Gaetz, 42, has been under investigation by the House of Representatives’ ethics committee over allegations he was part of a scheme that led to the sex trafficking of a 17-year-old girl.

But after he resigned from Congress on Wednesday following being named as Mr Trump’s pick for attorney general, that probe has ended – without the publication of any findings.

Despite the cloud over his character – Mr Gaetz denies all allegations – he has repeatedly shown his loyalty to the president-elect, attending his hush money trial in Manhattan and vociferously calling out prosecutors.

The MAGA firebrand in the past has spread the conspiracy theory that the January 6 riots were actually orchestrated by the left-leaning group Antifa.

If he’s going to lead the Department of Justice, the Florida politician needs to be confirmed by a Senate vote like other cabinet positions. That’s where it could get difficult for him.

Donald Trump and Matt Gaetz at a rally
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The nomination is seen by some as a reward for his loyalty to Donald Trump. Pic: AP

What have Republicans said?

“I don’t think it’s a serious nomination for the attorney general,” Republican senator Lisa Murkowski said. “This one was not on my bingo card.”

Senator Susan Collins said she was “shocked” by the pick and said there would be “an awful lot of questions being asked in this case”.

Both Ms Murkowski and Ms Collins have been vocal Trump critics (the latter vowed to write fellow Republican Nikki Haley’s name on her ballot) and will be under the spotlight next year as their party retakes control of the Senate.

“I think it’s a little bit of a test,” said Republican senator Kevin Cramer.

He said he sees Mr Gaetz as a disruptive force in the House and has concerns about the “serious allegations” against him – but stopped short of saying he would not vote for him.

“It will take a lot of political capital to get him across,” he added.

Rep. Matt Gaetz, R-Fla., speaks before Republican presidential nominee former President Donald Trump speaks at a campaign rally at Lee's Family Forum, Thursday, Oct. 31, 2024, in Henderson, Nev. (AP Photo/Evan Vucci)
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Mr Gaetz will need to be confirmed by a Senate vote. Pic: AP

Read more:
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How will Trump 2.0 be different to first presidency?

“I’ve known Matt for a very long time, we’re friends,” said Florida senator Marco Rubio, who was nominated for secretary of state on Wednesday. “I think he would do a very good job for the president.”

Some Republican senators were reluctant to publicly criticise the incoming president’s pick to lead the justice department but did not endorse him either.

Senator John Cornyn, a member of the judiciary panel, said he did not know Mr Gaetz “other than his public persona”, and said he will not “prejudge any of these” nominations.

“I’ve got nothing for you,” said senator Katie Britt when asked by reporters. “We’ll see,” said senator Ron Johnson, when asked if he is voting for Mr Gaetz.

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Difference between Trump meeting Obama and Biden

What have Democrats said?

Unsurprisingly, Democrats in Congress have been less restrained with their reactions to Mr Gaetz’s nomination.

Veteran senator Chris Murphy declared the announcement to be “a red alert moment for our democracy”.

Representative Jim Himes meanwhile, who sits on the House Intelligence Committee, told CNN the role of attorney general requires “care, prudency, a deep respect for the rule of law… Matt Gaetz is the opposite of all of those things, he is a gonzo agent of chaos”.

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Senator Richard Blumenthal, who sits on the Senate’s judiciary panel, said the nomination was the “first test of whether Republicans are willing to stand up to Donald Trump and go with conscience and conviction as opposed to just politics”.

New Mexico senator Martin Heinrich was even more blunt, posting on X: “People voted for cheaper eggs, not whatever the f@#€ this is.”

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