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Russia says their troops were killed in a devastating HIMARS strike because some soldiers were using cell phones and gave their location away

A brown brick building turned into rubbleA damaged building in the Donetsk region, eastern Ukraine, on January 2, 2023.

SAMEER AL-DOUMY/AFP via Getty Images

  • Russia said a Ukrainian HIMARS strike in the occupied Donetsk region in Ukraine killed dozens of its soldiers. 
  • The Russians say 89 soldiers were killed, and blamed their own troops for using cell phones.
  • According to the Russians, these cell phone signals gave their soldiers’ locations away.

The Russian Ministry of Defense says so many of its troops died in a recent Ukrainian attack in the Donetsk region, because soldiers were using cell phones and gave their location away. 

On New Year’s Eve, Russian troops came under attack in the Russian-occupied Ukrainian city of Makiivka. The Russians say they were struck by Ukrainian troops equipped with US-provided High Mobility Artillery Rocket System (HIMARS) launchers.

But in a statement posted on the defense ministry’s Telegram channel on Tuesday, the Russians blamed their own soldiers for “allowing the enemy to locate and determine the coordinates of the location of military personnel for launching a missile strike.”

“It is already obvious that the main reason for what happened was the switching on and massive use — contrary to the prohibition — by personnel of mobile phones in a reach zone of enemy weapons,” the statement from the Russian defense ministry read. 

On Tuesday, Russia said 63 of its soldiers died in the New Year’s strike by Ukrainian forces. The defense ministry’s statement on Telegram reported a later death toll of 89. 

Ukraine’s military reported a higher number of Russian casualties from the attack — around 400 — but this figure has not been independently verified.

The use of cell phones on the battlefield by Russian soldiers has become a risk for Russian soldiers. But it’s been a boon for Ukraine, which has used intercepted calls to locate Russian troops since the start of the war.

An investigation from the New York Times released last month found that Ukrainian forces discovered upticks in frantic calls from foreign numbers and used them to pinpoint the location of Russian troops. 

“We listened to the Russian soldiers as they panicked and called their friends and relatives,” a Ukrainian official told The Times. “They used ordinary phones to make decisions about their further moves.”

Representatives for the Kremlin did not immediately respond to Insider’s request for comment.

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What is genetic genealogy, a tool reportedly used to help capture the suspect in the Idaho student murders?

GettyImages-1609411.jpg?ve=1&tl=1

PHOENIXThe arrest of 28-year-old Bryan Kohberger in connection with the murders of four University of Idaho students in November 2022 has cast a spotlight on a particular tool authorities used to track Kohberger down.

Kohberger was arrested on Dec. 30 in eastern Pennsylvania. According to officials with Washington State University, Kohberger was a PhD student in the school’s criminal justice program, and had completed his first semester earlier in December.

There are reports that a break in the murder case came after a process called “genetic genealogy” was used.

Here’s what you should know about genetic genealogy.

What is Genetic Genealogy?

According to a research guide published on the Library of Congress’ website, genetic genealogy creates a profile of biological relationships between or among individuals using DNA test results, in combination with traditional genealogical methods.

How does it work?

The Library of Congress’ research guide on Genetic Genealogy states that DNA samples contain three sources of information:

  • Y-chromosomal DNA (Y-DNA) that is present only in samples from males, and gives information on patrilineal (male line) descent
  • Mitochondrial DNA (mtDNA) that is present in samples of both males and females, and gives information on matrilineal (female line) descent
  • Autosomal DNA (atDNA), which gives information on both male line and female line descent.

The website Genealogy Explained states that mtDNA can be used to trace a person’s direct female-line ancestry, while Y-DNA can be used to trace a male’s direct male-line ancestry. AtDNA, meanwhile, is used to find relatives within the past five to seven generations, and can help people learn more about their ethnic ancestry.

What is it normally used for?

According to the article published on Genealogy Explained’s website, genetic genealogy is used to help determine a person’s ancestry and genealogical origins via DNA tests.

“These tests compare the results of a DNA test with those already tested by others in order to determine genetic similarities and provide information about how closely people are related,” read a portion of the website.

The website also states a number of companies that offer DNA testing for genetic genealogy, including some rather well-known brands like AncestryDNA and 23andMe.

How is Genetic Genealogy used to solve crimes?

According to a 2022 article published on Genealogy Explained’s website, a method they call Investigative Genetic Genealogy or “forensic genealogy” has been used to identify suspects in a criminal case.

A September 2022 report published by the Forensic Technology Center of Excellence details the process of what they call Forensic Genetic Genealogy. The report states that searching DNA profiles against the FBI’s Combined DNA Index System (CODIS) may not always yield probative, or substantiating matches.

“When a search does not result in a CODIS match, forensic science service providers may identify leads using Forensic Genetic Genealogy,” read a portion of the report.

According to the report, Forensic Genetic Genealogy uses profiles of commonly occurring genetic variations across individuals known as SNPs. After an SNP profile was generated, the profile is uploaded to law enforcement-specific genetic databases to compare a case sample against available profiles that have been uploaded by other consenting individuals.

“The similarities between the case sample profile and consenting individual profiles can help law enforcement identify individuals who are related to the sample of interest,” read a portion of the report.

The investigative leads, according to the report, are later confirmed with additional DNA analysis.

Is this the first time Genetic Genealogy was used to solve a crime?

No.

In recent years, at least three cases in California and Arizona involved the use of Genetic Genealogy.

Golden State Killer

In 2018, our sister station KTVU in the San Francisco Bay Area reported that the arrest of Joseph James DeAngelo in connection with the Golden State Killer cases. DeAngelo, according to then Sacramanto County District Attorney Anne Maria Schubert, was arrested after a DNA sample came back as a match to the Golden State Killer.

In an article published by the Associated Press, it was stated that police zeroed in on DeAngelo by using genealogical websites to identify potential relatives of the killer based on DNA collected at a crime scene

DeAngelo was eventually arrested after investigators collected trash from cans left outside DeAngelo’s home, and a piece of tissue from the trash proved to be the piece of evidence they needed to obtain an arrest warrant, according to court documents.

In June 2020, DeAngelo pleaded guilty to 13 murders and 13 rape-related charges under a plea deal that avoided a possible death sentenced. He was sentenced in August that same year to multiple life sentences.

Phoenix Canal Killings

The Canal Killings in the Phoenix area was another case that featured the use of Genetic Genealogy.

The Canal Killings refer to the murder of two women in the 1990s in the Phoenix area. The suspect in both cases, Bryan Patrick Miller, was linked by DNA findings to the deaths of Angela Brosso in November 1992, and Melanie Bernas in September 1993.

“That was the first case solved ever, using forensic genetic genealogy in 2015. That identified Bryan Patrick Miller as the suspect in that case,” said Genetic Genealogist Colleen Fitzpatrick.

Miller’s trial, after a number of delays, began on Oct. 3, 2022.

Read More: Phoenix canal murders trial continues: Bryan Patrick Miller accused of killing 2 women

Scottsdale Woman Murder

Fitzpatrick also had a role in the investigation of Allison Feldman’s murder.

Feldman was killed in 2015 at her home in Scottsdale. Court documents revealed graphic details about the murder. Feldman’s murderer allegedly strangled her, beat her, and sexually assaulted her. The suspect allegedly used bleach or chlorine to clean up the gruesome scene, but a large pool of blood remained.

“This case was one of the worst scenes that I’ve been to,” said Scottsdale Police Detective John Heinzelman.

Investigators utilized Genetic Genealogy in the case by using a DNA profile from the murder scene to find a partial match to a first-degree relative. That relative turned out to be the suspect’s brother, Mark Mitcham, who was serving time in an Arizona prison.

“Using Y-DNA matched to the genetic genealogy databases, I came up with the name Mitcham,” said Fitzpatrick.

The suspect himself, later identified as Ian Mitcham, was arrested at his workplace in April 2018.

What does the future hold for this technology?

Currently, Fitzpatrick says Genetic Genealogy is considered an investigative lead, but she says in the future, it could play an even bigger role in criminal investigations.

“I think In the near future, it will be the evidence that will determines the outcome of the case,” said Fitzpatrick.

What are critics saying about Genetic Genealogy?

Critics of Forensic Genetic Genealogy have focused on matters of privacy.

“In submitting our DNA for testing, we give away data that exposes not only our own physical and mental health characteristics, but also those of our parents, our grandparents and, as in [Joseph James] DeAngelo’s case, our third cousins — not to mention relatives who haven’t been born yet,” read a commentary authored by ACLU Speech, Privacy and Technology Project staff attorney Vera Eidelman, in 2018.

According to an article published by the Pew Charitable Trust in 2020, Americans are divided on whether police should use Investigative Genetic Genealogy to solve crimes.

Citing figures from a survey done by the Pew Research Center, the article states that 48% of the over 4,200 U.S. adults surveyed say they were OK with DNA testing companies sharing customers’ genetic data with police, while a third said it was unacceptable. The survey was done in June 2019.

What are government officials doing in response?

In September 2019, the U.S. Department of Justice announced a number of interim policies regarding what they call “emerging method to generate leads for unsolved violent crimes.”

One of the sections in the Interim Policy on Forensic Genetic Genealogical DNA Analysis and Searching, titled “Investigative Caution,” states that investigative agencies “shall not arrest a suspect based solely on a genetic association generated by a [Genetic Genealogy] service.”

“Traditional genealogy research and other investigative work is required to determine the true nature of any genetic association,” a portion of the policy reads.

What about genetic testing firms? What are they doing about privacy?

At least two Genetic Genealogy testing firm – AncestryDNA and 23andMe, have issued guides on law enforcement requests for data.

23andMe

On 23andMe‘s website, it is stated, in part, that if the company is required by law to comply with a valid court order, subpoena, or search warrant for genetic or personal information, company officials will notify those affected through the contact information they provided before the information is disclosed to law enforcement, unless doing so would violate the law or a court order.

AncestryDNA

AncestryDNA’s website states they do not voluntarily cooperate e with law enforcement in regards to requests for user information.

“To provide our Users with the greatest protection under the law, we require all government agencies seeking access to Ancestry customers’ data to follow valid legal process and do not allow law enforcement to use Ancestry’s services to investigate crimes or to identify human remains,” read a portion of the website.

The Associated Press (AP) contributed to this report.

A digital representation of the human genome. (Photo by Mario Tama/Getty Images)

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‘Varsity Blues’ mastermind faces sentencing for college scam

BOSTON (AP) — The mastermind of the nationwide college admissions bribery scandal is set to be sentenced on Wednesday after helping authorities secure the convictions of a slew of wealthy parents involved in his scheme to rig the selection process at top-tier schools.

Federal prosecutors are asking for six years behind bars for Rick Singer, who for more than a decade helped deep-pocketed parents get their often undeserving kids get into some of the nation’s most selective schools with bogus test scores and athletic credentials.

The scandal embarrassed elite universities across the country, put a spotlight on the secretive admissions system already seen as rigged in favor of the rich and laid bare the measures some parents will take to get their kids into the school of their choice.

Singer, 62, began secretly cooperating with investigators and worked with the FBI to record hundreds of phone calls and meetings before the arrest of dozens of parents and athletic coaches in March 2019. More than 50 people — including popular TV actresses and prominent businessmen — were ultimately convicted in the case authorities dubbed Operation Varsity Blues.

In the nearly four years since the scandal exploded into newspaper headlines, Singer remained out of jail and kept largely silent publicly. He was never called as a witness by prosecutors in the cases that went to trial, but will get a chance to address the court before the judge hands down his sentence in Boston federal court.

In a letter to the judge, Singer blamed his actions on his “winning at all costs” attitude, which he said was caused in part by suppressed childhood trauma. His lawyer is requesting three years of probation, or if the judge deems prison time necessary, six months behind bars.

“By ignoring what was morally, ethically, and legally right in favor of winning what I perceived was the college admissions ‘game,’ I have lost everything,” Singer wrote.

Singer pleaded guilty in 2019 — on the same day the massive case became public — to charges including racketeering conspiracy and money laundering conspiracy. Dozens of others ultimately pleaded guilty to charges, while two parents were convicted at trial.

Authorities blew the lid off the scandal after an executive under investigation for an unrelated securities fraud scheme told investigators that a Yale soccer coach had offered to help his daughter get into the school in exchange for cash. The Yale coach led authorities to Singer, whose cooperation unraveled the sprawling scheme.

For years, Singer paid off entrance exam administrators or proctors to inflate students’ test scores and bribed athletic coaches to designate applicants as recruits for sports they sometimes didn’t even play, seeking to boost their chances of getting into the school. Singer took in more than $25 million from his clients, paid bribes totaling more than $7 million, and used more than $15 million of his clients’ money for his own benefit, according to prosecutors.

“He was the architect and mastermind of a criminal enterprise that massively corrupted the integrity of the college admissions process – which already favors those with wealth and privilege – to a degree never before seen in this country,” prosecutors wrote in court documents.

If the judge agrees with prosecutors, it would be by far the longest sentence handed down in the case. So far, the toughest punishment has gone to former Georgetown University tennis coach Gordon Ernst, who got 2 1/2 years in prison for pocketing more than $3 million in bribes.

Others ensnared in the scandal included “Full House” actor Lori Loughlin, her fashion designer husband Mossimo Giannulli, and “Desperate Housewives” star Felicity Huffman. The federal appeals court in Boston is considering a challenge to the convictions of two other parents who were found guilty at trial.

One parent, who wasn’t accused of working with Singer, was acquitted on all counts stemming from accusations that he bribed Ernst to get his daughter into the school. And a judge ordered a new trial for former University of Southern California water polo Jovan Vavic, who was convicted of accepting bribes.

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China pledges “final victory“ over COVID as outbreak raises global alarm

2023-01-04T05:42:41Z

Global health officials tried to determine the facts of China’s raging COVID-19 outbreak and how to prevent a further spread as the government’s mouthpiece newspaper on Wednesday rallied citizens for a “final victory” over the virus.

China’s axing of its stringent virus curbs last month has unleashed COVID on a 1.4 billion population that has little natural immunity having been shielded from the virus since it emerged in its Wuhan city three years ago.

Funeral homes have reported a spike in demand for their services, hospitals are packed with patients, and international health experts predict at least one million deaths in China this year.

But officially, China has reported a small number of COVID deaths since the policy U-turn and has played down concerns about a disease that it was previously at pains to eradicate through mass lockdowns even as the rest of the world opened up.

“China and the Chinese people will surely win the final victory against the epidemic,” Chinese Communist Party mouthpiece the People’s Daily said in an editorial, rebutting criticism of its tough anti-virus regime that triggered historic protests late last year.

As it now dismantles those restrictions, China has been particularly critical of decisions by some countries to impose a requirement for a COVID test on its citizens, saying they are unreasonable and lack scientific basis.

Health officials from the 27-member European Union are due to meet on Wednesday on a coordinated response to deal with implications of increased travel from China.

Most European Union countries favour pre-departure COVID testing for travellers from China, the European Commission said on Tuesday, following similar measures imposed by the United States, Britain, South Korea and others.

China, which has been largely shut off from the world since the pandemic began in late 2019, will stop requiring inbound travellers to quarantine from Jan. 8. But it will still demand that arriving passengers get tested before they begin their journeys.

Meanwhile, World Health Organization officials met Chinese scientists on Tuesday amid concern over the accuracy of China’s data on the spread and evolution of its outbreak.

The U.N. agency had invited the scientists to present detailed data on viral sequencing and to share data on hospitalizations, deaths and vaccinations.

The WHO would release information about the talks later, probably at a Wednesday briefing, its spokesperson said. The spokesperson earlier said the agency expected a “detailed discussion” about circulating variants in China, and globally.

Last month, Reuters reported that the WHO had not received data from China on new COVID hospitalisations since Beijing’s policy shift, prompting some health experts to question whether it might be concealing the extent of its outbreak.

China reported five new COVID-19 deaths for Tuesday, compared with three a day earlier, bringing the official death toll to 5,258, very low by global standards.

But the toll is widely believed to be much higher. British-based health data firm Airfinity has said about 9,000 people in China are probably dying each day from COVID.

There were chaotic scenes at Shanghai’s Zhongshan hospital where patients, many of them elderly, jostled for space on Tuesday in packed halls between makeshift beds where people used oxygen ventilators and got intravenous drips.

With COVID disruptions slowing China’s $17 trillion economy to its lowest growth in nearly half a century, investors are now hoping policymakers will intervene to counter the slide.

China’s yuan hovered at a four-month high against the dollar on Wednesday, after its finance minister pledged to step up fiscal expansion this year, days after the central bank said it would implement more policy support for the economy.

Despite some countries imposing restrictions on Chinese visitors, interest in outbound travel from the world’s most populous country is cranking up, state media reported.

Bookings for international flights from China have risen by 145% year-on-year in recent days, the government-run China Daily newspaper reported, citing data from travel booking platform Trip.com.

The number of international flights to and from China is still a fraction of pre-COVID levels. The government has said it will increase flights and make it easier for people to travel abroad.

Thailand, a major destination for Chinese tourists, is expecting at least five million Chinese arrivals this year, its tourism authority said on Tuesday.

More than 11 million Chinese tourists visited Thailand in 2019, nearly a third of its total visitors.

But there are already signs that an increase in travel from China could pose problems abroad.

South Korea, which began testing travellers from China for COVID on Monday, said more than a fifth of the test results were positive.

Authorities there were hunting on Wednesday for one Chinese national who tested positive but went missing while awaiting quarantine. The person, who was not identified, could face up to a year in prison or fines of 10 million won ($7,840).

Related Galleries:

People wearing protective masks cross a street as China returns to work despite continuing coronavirus disease (COVID-19) outbreaks in Shanghai, China, January 3, 2023. REUTERS/Aly Song

Patients lie on beds next to closed counters at the emergency department of Zhongshan Hospital, amid the coronavirus disease (COVID-19) outbreak in Shanghai, China January 3, 2023. REUTERS/Staff

People wearing protective masks walk in a shopping district as China returns to work despite continuing coronavirus disease (COVID-19) outbreaks in Shanghai, China, January 3, 2023. REUTERS/Aly Song

A woman wearing a protective mask and a face shield walks along in a shopping district as China returns to work despite continuing coronavirus disease (COVID-19) outbreaks in Shanghai, China, January 3, 2023. REUTERS/Aly Song

People wearing protective masks walk in a shopping district as China returns to work despite continuing coronavirus disease (COVID-19) outbreaks in Shanghai, China, January 3, 2023. REUTERS/Aly Song
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FDA finalizes rule expanding availability of abortion pills

WASHINGTON (AP) — The Food and Drug Administration on Tuesday finalized a rule change that broadens availability of abortion pills to many more pharmacies, including large chains and mail-order companies.

The Biden administration partially implemented the change last year, announcing it would no longer enforce a long-standing requirement that women pick up the medicine in person. Tuesday’s action formally updates the drug’s labeling to allow many more retail pharmacies to dispense the pills, so long as they complete a certification process.

The change could expand access at both brick-and-mortar stores and online pharmacies. Women can get a prescription via telehealth consultation with a health professional, and then receive the pills through the mail, where permitted by law.

Still, the rule change’s impact has been blunted by numerous state laws limiting abortion broadly and the pills specifically. Legal experts foresee years of court battles over access to the pills, as abortion-rights proponents bring test cases to challenge state restrictions.

For more than 20 years, the FDA labeling had limited dispensing to a subset of specialty offices and clinics, due to safety concerns. During the COVID-19 pandemic, the FDA temporarily suspended the in-person requirement. The agency later said a new scientific review by agency staff supported easing access, concurring with numerous medical societies that had long said the restriction wasn’t necessary.

Two drugmakers that make brand-name and generic versions of abortion pills requested the latest FDA label update. Agency rules require a company to file an application before modifying dispensing restrictions on drugs.

Danco Laboratories, which sells branded Mifeprex, said in a statement the change “is critically important to expanding access to medication abortion services and will provide healthcare providers” with another option for prescribing the drug.

The American College of Obstetricians and Gynecologists called the update an “important step” forward.

“Although the FDA’s announcement today will not solve access issues for every person seeking abortion care, it will allow more patients who need mifepristone for medication abortion additional options to secure this vital drug,” the group said in a statement.

More than half of U.S. abortions are now done with pills rather than surgery, according to the Guttmacher Institute, a research group that supports abortion rights.

The FDA in 2000 approved mifepristone to terminate pregnancies of up to 10 weeks, when used with a second drug, misoprostol. Mifepristone is taken first to dilate the cervix and block the hormone progesterone, which is needed to sustain a pregnancy. Misoprostol is taken 24 to 48 hours later, causing the uterus to contract and expel pregnancy tissue.

Bleeding is a common side effect, though serious complications are very rare. The FDA says more than 3.7 million U.S. women have used mifepristone since its approval.

Several FDA-mandated safety requirements remain in effect, including training requirements to certify that prescribers can provide emergency care in the case of excessive bleeding. Pharmacies that dispense the pills also need a certification.

© Copyright 2022 Associated Press. All rights reserved.

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Colorado funeral home owner sentenced in body sales case

GRAND JUNCTION, Colo. (AP) — A Colorado funeral home operator accused of illegally selling body parts and giving clients fake ashes was sentenced to 20 years in prison Tuesday by a federal court judge.

Megan Hess received the maximum sentence after pleading guilty to mail fraud in November under a plea agreement in which other charges against her were dropped, The Daily Sentinel reported.

U.S. authorities said that on dozens of occasions, Hess and her mother, Shirley Koch, who also pleaded guilty to mail fraud, transferred bodies or body parts to third parties for research without families’ knowledge.

U.S. District Judge Christine Arguello in Grand Junction also sentenced Koch on Tuesday to 15 years in prison. Arguello sentenced the pair after victims testified about the pain they’d suffered under the scheme.

Hess, 48, and Koch, 69, operated the Sunset Mesa Funeral Home in the western city of Montrose. They were arrested in 2020 and charged with six counts of mail fraud and three counts of illegal transportation of hazardous materials.

A grand jury indictment said that from 2010 through 2018, Hess and Koch offered to cremate bodies and provide the remains to families at a cost of $1,000 or more, but many of the cremations never occurred.

Hess created a nonprofit organization in 2009 called Sunset Mesa Funeral Foundation as a body-broker service doing business as Donor Services, authorities said.

On dozens of occasions, Hess and Koch transferred bodies or body parts to third parties for research without families’ knowledge, according to the U.S. Justice Department. The transfers were done through Sunset Mesa Funeral Foundation and Donor Services and families were given ashes that were not those of their loved ones, authorities said.

Hess and Koch also shipped bodies and body parts that tested positive for, or belonged to people who died from, infectious diseases including HIV and Hepatitis B and C, despite certifying to buyers that the remains were disease-free, authorities said.

Hess’ attorney, Ashley Petrey, told the court Tuesday Hess was motivated by a desire to advance medical research.

Assistant Unites States Attorney Tim Neff scoffed at the argument.

“Eight years of repeated conduct of this nature is all the court needs to know about her history and character,” Neff said.

Koch said during the sentencing hearing, “I acknowledge my guilt and take responsibility for my actions. I’m very sorry for harm I caused you and your families.”

Hess declined to address the court.

A victim restitution hearing was scheduled for March.

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Inmates allege Texas to use unsafe drugs for executions

HOUSTON (AP) — Texas plans to use expired and unsafe drugs to carry out executions early this year in violation of state law, three death row inmates allege in a lawsuit.

Prison officials deny the claim and say the state’s supply of execution drugs is safe.

The first execution, of Robert Fratta, is set for Jan. 10. The state’s highest criminal court of appeals put the lawsuit from Fratta, Wesley Ruiz and John Balentine on hold Friday while it considers an appeal by the Texas Attorney General’s Office. The state wants the case to be decided by a criminal court, not a civil one.

Shawn Nolan, an attorney for Balentine and Ruiz, who are both set for execution in February, criticized Texas’ secrecy in matters related to its execution procedures.

State lawmakers banned the disclosure of drug suppliers for executions starting in 2015. The Texas Supreme Court upheld the law in 2019.

“Texas continues to just really rely on secrecy in these executions and that’s why they’re trying to do an end run around this lawsuit because they don’t want to tell anybody that these drugs are expired,” Nolan said.

Attorneys for the inmates have asked for an evidentiary hearing to determine if prisoners are at “serious risk of pain and suffering in the execution process,” Nolan said.

There has been a history of problems with lethal injections since Texas became the first state to use this execution method in 1982. Some problems have included difficulty finding usable veins, needles becoming disengaged or issues with the drugs.

Like other states in recent years, Texas has turned to compounding pharmacies to obtain pentobarbital, which it uses for executions, after traditional drugmakers refused to sell their products to prison agencies in the U.S.

“All lethal injection drugs are within their use dates and have been appropriately tested,” Amanda Hernandez, a spokeswoman for the Texas Department of Criminal Justice, or TDCJ, said in an email Tuesday.

But in a 15-page declaration submitted in support of the death row inmates’ lawsuit, Michaela Almgren, a pharmacology professor at the University of South Carolina, said she concluded after reviewing state records that “all the pentobarbital in TDCJ’s possession is expired, as it is far beyond” the specified beyond use date.

“A drug that has surpassed its (beyond use date) is at risk of stability and sterility failings and may not retain sufficient potency, thus it must not be used,” Almgren wrote.

She found that some vials of pentobarbital were more than 630 days old while others were more than 1,300 days old, well over their beyond use date limit of 24 hours when stored at room temperature. If such compounded drugs are frozen, their beyond use date limit is 45 days.

Department records obtained by attorneys for the inmates showed that prison officials did potency testing of their supply of pentobarbital that extended its beyond use date to September and November.

But Almgren called the state’s testing “completely unscientific and incorrect, and therefore the results are invalid.”

Nolan said that using expired drugs would violate several state laws, including the Texas Pharmacy Act and the Texas Controlled Substances Act.

Fratta joined the lawsuit after it was filed. Lawyers for all three inmates say they not trying to stop the state from “carrying out lawful executions.”

“If the state wants to go forward with these executions, they can do that. They just need to get non-expired drugs,” Nolan said.

___

Follow Juan A. Lozano on Twitter: twitter.com/juanlozano70

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Matt Gaetz is accusing Kevin McCarthy of squatting in the speaker’s office before he’s even got the job

A composite image of Matt Gaetz and Kevin McCarthy.Matt Gaetz and Kevin McCarthy.

Mandel Ngan/AFP via Getty Images; Win McNamee/Getty Images

  • Matt Gaetz is accusing Kevin McCarthy of squatting in the speaker’s office.
  • Gaetz wrote a letter to the Architect of the Capitol after McCarthy failed to get enough Republican votes.
  • Gaetz questioned why McCarthy was allowed to occupy the speaker’s office despite three failed votes.

Florida Rep. Matt Gaetz is accusing Rep. Kevin McCarthy of squatting in the speaker’s suite, despite not having landed the job yet. 

“The Speaker of the House Office in the Capitol is currently being occupied by Kevin McCarthy,” Gaetz tweeted Tuesday night. “Kevin McCarthy is not the Speaker of the House. He lost 3 consecutive votes today. I’m demanding answers from the Architect of the Capitol.” 

—Rep. Matt Gaetz (@RepMattGaetz) January 4, 2023

 

Gaetz included in his tweet a copy of a letter dated January 3, which he sent from his congressional office to J. Brett Blanton, the Architect of the Capitol

He added in his letter that the role of speaker had not been decided after Congress adjourned on Tuesday. This followed three votes where Republicans mutinied against McCarthy, denying him the votes he needed to secure the speakership.

“What is the basis in law, House rule, or precedent to allow someone who has placed second in three successive speaker elections to occupy the Speaker of the House Office?” Gaetz questioned. “How long will he remain there before he is considered a squatter?” 

Gaetz urged Blanton to respond “promptly,” arguing that McCarthy “can no longer be considered Speaker-Designate following today’s balloting.” 

NBC reporter Haley Talbot on January 2 posted a video of what appeared to be McCarthy’s items being moved into the speaker’s office, even before votes were held to confirm his position. If McCarthy does not get the job after multiple rounds of voting, he will have to vacate the premises. 

—Haley Talbot (@haleytalbotnbc) January 2, 2023

 

Gaetz has been a prominent figure in the effort to derail McCarthy’s speaker bid. On Tuesday, Gaetz — one of the five hardline “Never Kevin” representatives — strongly rebuked the California congressman. 

“If you want to drain the swamp, you cannot put the biggest alligator in charge of the exercise,” Gaetz said of McCarthy. “I’m a Florida man and I know of what I speak.”

Gaetz on Tuesday also said he was told not voting for McCarthy for speaker would result in his committee assignments being taken away. 

Gaetz has long supported alternatives to McCarthy. In August, Gaetz said at CPAC he does not think McCarthy should lead the GOP.

Representatives for Gaetz and McCarthy did not immediately respond to Insider’s requests for comment.

McCarthy needs 218 votes to secure the gavel. Voting is expected to resume on Wednesday.  

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