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Alabama executes man by nitrogen gas for the first time in the U.S.
Left: A photo provided by Alabama Department of Corrections shows inmate Kenneth Eugene Smith, who was convicted in a 1988 murder-for-hire slaying of a preacher’s wife. Right: Alabama’s lethal injection chamber at Holman Correctional Facility in Atmore, Ala., seen in 2002.
Alabama Department of Corrections via AP and AP
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Alabama Department of Corrections via AP and AP
Left: A photo provided by Alabama Department of Corrections shows inmate Kenneth Eugene Smith, who was convicted in a 1988 murder-for-hire slaying of a preacher’s wife. Right: Alabama’s lethal injection chamber at Holman Correctional Facility in Atmore, Ala., seen in 2002.
Alabama Department of Corrections via AP and AP
Alabama executed a death row prisoner Thursday using nitrogen gas, becoming the first state in the U.S. to use the gas in an execution, despite concerns about the untested method.
Kenneth Smith, 58, died at 8:25 pm Central Time, after a slew of last minute appeals to several courts, including the U.S. Supreme Court, failed.
The execution started at 7:53pm, according to John Hamm, Commissioner of the Alabama Department of Corrections. At approximately 7:55pm, Kenneth Smith gave his last words.
“Tonight, Alabama caused humanity to take a step backwards,” Smith said. “I’m leaving with love, peace and light. Thank you for supporting me, love all of you.”
Hamm said nitrogen flowed for around 15 minutes. The gas was administered through a mask, while two execution workers, in addition to Smith’s spiritual adviser, Rev. Dr. Jeff Hood, looked on. Media witnesses said Smith appeared conscious for about ten minutes. He shook and writhed for about two minutes on the gurney, followed by about five minutes of heavy breathing.
This is the second time Alabama has attempted to put Smith to death. In 2022, workers tried and failed to place the intravenous line necessary to kill him with lethal injection drugs. After he was strapped to the gurney for four hours, the execution was called off.
Concerns about nitrogen gas as a method of execution have swirled around this case for several months. The Alabama attorney general’s office has said that nitrogen hypoxia is “the most painless and humane method of execution known to man.” Still, although researchers have used the gas to kill animals, in 2020 the American Veterinary Medical Association deemed it “unacceptable” as a euthanization method for all mammals except pigs, since it could be “distressing.”
“Everybody is telling me I’m going to suffer,” Smith told NPR in December. “I’m absolutely terrified.”
After the first execution failed, Smith’s lawyers requested Alabama not attempt another by lethal injection, and requested nitrogen gas, the secondary method approved in the state. But before Smith’s second execution date was scheduled, his lawyers argued against the gas, alleging that using an untested method in a second attempt to execute him would violate his constitutional protection against cruel and unusual punishment. Both state and federal courts, including the U.S. Supreme Court, denied the appeals.
Kenneth Smith (left) stands with his spiritual adviser Rev. Dr. Jeff Hood.
Rev. Dr. Jeff Hood
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Rev. Dr. Jeff Hood
Kenneth Smith (left) stands with his spiritual adviser Rev. Dr. Jeff Hood.
Rev. Dr. Jeff Hood
Nitrogen gas is so novel an execution method that the risk to workers in the death chamber is unclear. In November, the Alabama Department of Corrections asked Smith’s spiritual adviser, Rev. Dr. Jeff Hood, to sign a form acknowledging that although there would be oxygen gas monitors in the room, he would be at risk of harm by exposure to the gas. Hood was required to stay three feet away from Smith, the form explained, since nitrogen could leak out of Smith’s mask or pool above his head.
After Hood sued the Department of Corrections for violating his religious liberties by preventing him from ministering to Smith, he said the department agreed to allow him to interact with Smith before workers started administering the nitrogen gas. Officials also promised to develop an emergency plan to protect him and the other workers in the chamber, he said. Officials also promised to develop an emergency plan to protect him and the other workers in the chamber, he said. NPR asked if the agency had completed the backup plan, but Corrections did not respond.
While on a tour of the room the day before, Hood noticed two unplugged oxygen monitors and said the warden dodged questions about the safety protocol.
“What I saw did nothing to minimize my fears,” Hood told NPR. “It only increased my fears of the incompetence.”
Rev. Dr. Jeff Hood said the Department of Corrections agreed to allow him to interact with Smith before workers started administering the nitrogen gas.
Gabrielle Caplan for NPR
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Gabrielle Caplan for NPR
Rev. Dr. Jeff Hood said the Department of Corrections agreed to allow him to interact with Smith before workers started administering the nitrogen gas.
Gabrielle Caplan for NPR
Alabama has repeatedly struggled to carry out executions without mistakes. In July 2022, the execution team took hours to set the intravenous lines for prisoner Joe Nathan James. James was ultimately executed, but his family has sued the state for what is believed to be one of the longest executions in U.S. history. Just two months after that, the state was forced to halt the execution of prisoner Alan Miller for the same reason. In November, workers struggled again to find a vein to inject Smith.
“So I’m wired up on my left arm and then they start working on my right arm, and they were just sticking me over and over, going in the same hole like a freaking sewing machine,” Smith told NPR. “I was absolutely alone in a room full of people, and not one of them tried to help me at all – and I was crying out for help.”
The Alabama Department of Corrections has been secretive about that execution and the one carried out in 2024. NPR requested information regarding purchases the state made in preparation for the nitrogen gas execution. The request was denied. The information would be “detrimental to public interest,” the agency said. NPR also asked if a doctor would be present in the death chamber, whether the execution workers administering the nitrogen gas had medical training, if any of those workers would be the same as the ones who were involved with Smith’s first execution, and how many witnesses would be present at the execution.
The Department of Corrections did not respond to any of the inquiries. Officials published a basic protocol explaining how the state planned to carry out the execution by nitrogen gas. Much of the information was redacted.
Alli Sullivan holds a sign protesting the use of nitrogen gas in executions on the road leading to Holman Correctional Facility in Atmore, Ala. She is on the communications team at Death Penalty Action, an organization that seeks to stop executions and end the death penalty.
Gabrielle Caplan for NPR
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Gabrielle Caplan for NPR
Alli Sullivan holds a sign protesting the use of nitrogen gas in executions on the road leading to Holman Correctional Facility in Atmore, Ala. She is on the communications team at Death Penalty Action, an organization that seeks to stop executions and end the death penalty.
Gabrielle Caplan for NPR
Smith said he developed post-traumatic stress disorder after the first failed execution attempt.
“Nothing prepares you for it,” he said. “There is a mental trauma there that I never realized until I went through that.”
After the repeated failures, in December of 2022, Alabama Governor Kay Ivey paused executions in the state and ordered a “top to bottom review” of the state’s execution protocol. Following that internal review, and a rule change allowing the state to set its own time frame for executions, they resumed three months later with the death of James Barber.
From murder to execution: 35 years of waiting
Smith was one of three men convicted for his involvement in the 1988 for the murder-for-hire killing of Elizabeth Sennett, who was found with multiple stab wounds at her home in Colbert County, Ala.
“She was a likable person, a loving person,” said her son, Chuck Sennett. “Confidante, easy to talk to. Had a lot of friends. Never met a stranger. Just run of the mill, Southern wife and mom.”
Chuck (left) and Mike Sennett are sons of Elizabeth Sennett, who was killed by Kenneth Smith in 1988.
Chiara Eisner/NPR
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Chiara Eisner/NPR
Chuck (left) and Mike Sennett are sons of Elizabeth Sennett, who was killed by Kenneth Smith in 1988.
Chiara Eisner/NPR
His father, Rev. Charles Sennett, was a Christian pastor who was involved in hiring the men who killed their mother. When authorities started to investigate their father’s link to the hitmen who carried out his wife’s murder, each of whom was paid $1,000 in compensation, Sennett killed himself.
“He took the easy road, committed suicide,” said Chuck Sennett. “So it’s like a slap in the face.”
Chuck and his brother, Mike, said they would have wanted a quick death penalty for their father, too. They believe the decades they’ve had to wait for Smith to be executed is too long.
“Alabama is the worst judicial system in the union,” said Chuck Sennett. “35 years later, we’re still dealing with it. Why?”
Mike Sennett holds a photo of his mother, Elizabeth. Kenneth Smith was sentenced to death in 1996 for his role in the murder-for-hire killing.
Chiara Eisner/NPR
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Chiara Eisner/NPR
Mike Sennett holds a photo of his mother, Elizabeth. Kenneth Smith was sentenced to death in 1996 for his role in the murder-for-hire killing.
Chiara Eisner/NPR
Following Smith’s execution, Mike Sennett told reporters, “Nothing that happened here today is going to bring Mom back… We’re glad this day is over.”
Smith’s path to the death chamber has not been straightforward. After he was brought to trial in 1989, 10 of 12 jury members voted that he should receive the death penalty. But that conviction was later reversed when it was revealed that prosecutors had unconstitutionally struck Black jurors from the pool. Black people have historically been less supportive of capital punishment than white Americans.
When Smith was retried in 1996, all but one juror voted against the death penalty and recommended he spend life in prison instead. But the trial judge, Pride Tompkins, overruled the jury and imposed a death sentence. The Alabama statute that allowed judges to override jury recommendations has since been replaced; Smith would have been sentenced to life in prison had 11 of 12 jurors had voted as they did during his second trial.
This is a developing story and will be updated.
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Supreme Court reinstates Republican-favored Alabama congressional districts
The U.S. Supreme Court
Tasos Katopodis/Getty Images
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Tasos Katopodis/Getty Images
The Supreme Court on Tuesday cleared the way for Alabama to use a congressional district map favored by Republicans.
The court, in an unsigned order, overturned a three-judge district court panel that found that the map is “tainted by intentional race-based discrimination.” The court’s three liberals publicly dissented.
The ruling means that Alabama’s 2026 midterm elections will feature six Republican-leaning districts and one Democratic-leaning one, as opposed to a map with only five safe Republican seats. Democrat Shomari Figures, who represents Alabama’s Second District, will likely lose his seat as a result of the high court’s ruling.
The story of Alabama’s congressional map is long and tortured. It began in 2021, when the state implemented a new map to account for population changes in the census. The map featured only one majority-black district out of seven, even though the state is more than one-quarter Black.
Voters immediately sued, claiming the map illegally diluted minority votes in violation of the Voting Rights Act and the Constitution. Lower court judges agreed, ruling that the state must draw a map with two districts where Black voters have a realistic chance of electing their candidate of choice. The Supreme Court more than once has ordered Alabama to draw a compliant map.
But the state has refused and instead continued to litigate the case. On Tuesday, that tactic paid off.
What changed? In April, the Supreme Court’s conservative supermajority all but gutted what remains of the Voting Rights Act, ruling that states cannot purposefully draw districts that are majority-minority.
Alabama then asked the high court to reinstate the state’s old map, under the theory that this new ruling meant that it was permissible to use a map with only one majority-Black district. In an unsigned, unexplained order in May, the high court essentially reversed its previous opinions, and allowed Alabama to use the old map for the upcoming midterm elections.
This set off a flurry of activity in Alabama. By the time the Supreme Court issued its May order, absentee balloting had already begun, using the court-drawn map. So Republican Governor Kay Ivey cancelled elections and scheduled a special primary for August for the affected congressional races.
The case, however, was not over.
In its ruling, the Supreme Court had ordered a lower court panel to continue evaluating Alabama’s map in light of its recent Voting Rights Act decision. And just 15 days after that order, the panel, composed of three Republican judges—two of them Trump appointees—concluded unanimously that even under the Supreme Court’s new standards, the plan for a single black district was “intentionally discriminatory.”
So, once again, Alabama returned to the Supreme Court, arguing that the map was partisan, not racially discriminatory. In short, that the Republican legislature simply drew the map to elect more Republicans. And that under the Supreme Court’s new interpretation of the Voting Rights Act, the GOP map should be allowed to stand.
The court’s conservative agreed, writing that the lower court “did not heed the presumption of legislative good faith.”
The court’s three liberals publicly dissented, castigating the conservative majority for failing to abide by its 2006 decision in the case of Purcell v. Gonzalez. That decision declared that courts should not change election rules too close to an election.
Justice Sonia Sotomayor, in her dissent, said the court “debases the democratic process” and “corrodes the rule of law by rewarding Alabama’s gamesmanship and outright defiance of court orders.”
Tuesday’s decision is the latest in a series of Supreme Court rulings that could well reshape the 2026 midterm elections, making it much harder for Democrats to prevail.
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Map: 3.7-Magnitude Earthquake Shakes the San Francisco Bay Area
Note: Map shows the area with a shake intensity of 3 or greater, which U.S.G.S. defines as “weak,” though the earthquake may be felt outside the areas shown. The New York Times
A minor, 3.7-magnitude earthquake struck in the San Francisco Bay Area on Tuesday, according to the United States Geological Survey.
The temblor happened at 9:44 a.m. Pacific time about 4 miles southeast of Cloverdale, Calif., data from the agency shows.
U.S.G.S. data earlier reported that the magnitude was 3.6.
As seismologists review available data, they may revise the earthquake’s reported magnitude. Additional information collected about the earthquake may also prompt U.S.G.S. scientists to update the shake-severity map.
Subsequent quakes have been reported in the same area. Such temblors are typically aftershocks caused by minor adjustments along the portion of a fault that slipped at the time of the initial earthquake.
Aftershocks detected
Quakes and aftershocks within 100 miles
Aftershocks can occur days, weeks or even years after the first earthquake. These events can be of equal or larger magnitude to the initial earthquake, and they can continue to affect already damaged locations.
The New York Times When quakes and aftershocks occurred
Sources: United States Geological Survey (epicenter, aftershocks, shake intensity); LandScan via Oak Ridge National Laboratory (population density) | Notes: Shaking categories are based on the Modified Mercalli Intensity scale. When aftershock data is available, the corresponding maps and charts include earthquakes within 100 miles and seven days of the initial quake. All times above are Pacific time. Shake data is as of Tuesday, June 2 at 12:59 p.m. Eastern. Aftershocks data is as of Tuesday, June 2 at 1:59 p.m. Eastern.
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Promoting Advanced Artificial Intelligence Innovation and Security
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. The United States continues to lead the world in Artificial Intelligence (AI) because of the enormous talent and innovation of our AI industry, and because we refuse to stifle this innovation with overly burdensome regulation. My Administration has unleashed tremendous technological growth and economic investment in AI by slashing the bureaucratic constraints that the prior administration placed on America’s AI developers and researchers, and by instead encouraging AI innovation and accelerating responsible AI adoption across government and industry.
Advanced AI capabilities make our Nation stronger, but also introduce new national security considerations that require coordinated action across executive departments and agencies (agencies), and components. As these capabilities evolve, my Administration will continue to work closely with industry to ensure that the best and most secure technology is deployed rapidly to confront any and all threats to our country. We will continue to lead an America First cybersecurity effort that enhances both our national security and our global AI dominance.
It is the policy of the United States to promote AI innovation and security by working collaboratively with the private sector to modernize government and private sector information systems and harden them against external threats; to protect American ingenuity and intellectual property from exploitation and theft by adversaries; and to cultivate America’s advanced AI-enabled capabilities.
Sec. 2. Upgrading American Systems for Advanced AI. (a) Within 30 days of the date of this order, the Committee on National Security Systems shall prioritize the cyber defense of National Security Systems, as defined in 44 U.S.C. 3552(b)(6)(A), by taking appropriate and expeditious action consistent with the purpose of this order.
(b) Within 30 days of the date of this order, the Secretary of War shall prioritize the cyber defense of Department of War information systems by taking appropriate and expeditious action consistent with the purpose of this order.
(c) Within 30 days of the date of this order, the Secretary of Homeland Security, through the Director of the Cybersecurity and Infrastructure Security Agency (CISA), in consultation with the Director of the Office of Management and Budget (OMB), the Assistant to the President for National Security Affairs, and the National Cyber Director, shall release Binding Operational Directives and other guidance as appropriate to:
(i) expedite and prioritize the cyber defense of civilian Federal Government information systems in order to protect our Nation’s vital functions;
(ii) establish or expand Federal programs and cybersecurity services that enhance AI-enabled defensive tools; and
(iii) facilitate access to cybersecurity tools and services including, where appropriate, covered frontier models for agencies, State and local authorities, and operators of critical infrastructure such as rural hospitals, community banks, and local utilities.
(d) Within 30 days of the date of this order, the Secretary of the Treasury, in consultation with the National Cyber Director, the Secretary of War, through the Director of the National Security Agency (NSA), and the Secretary of Homeland Security, through the Director of CISA, shall form an AI cybersecurity clearinghouse, in voluntary collaboration with the AI industry and operators of critical infrastructure, that coordinates and deconflicts scanning for software vulnerabilities, discovers and validates such vulnerabilities, and coordinates and prioritizes remediation and distribution of vulnerability patches.
(e) Within 30 days of the date of this order, the Director of OMB, in coordination with the National Cyber Director and the Director of CISA, shall determine whether any Federal grant programs have available and relevant funding that can be directed toward applicants developing advanced AI vulnerability detection.
(f) Within 60 days of the date of this order, the Director of the Office of Personnel Management shall expand the United States Tech Force Information Cybersecurity Specialist hiring and placement pathways.
Sec. 3. Secure Frontier Model Deployment. Within 60 days of the date of this order, the Secretary of the Treasury, the Secretary of War, through the Director of NSA, and the Secretary of Homeland Security, through the Director of CISA, in consultation with the White House Chief of Staff, through the National Cyber Director, the Assistant to the President for Science and Technology (APST), and the Secretary of Commerce, through the Director of the National Institute of Standards and Technology, and in coordination with other agencies, as appropriate, shall:
(a) develop and maintain a classified benchmarking process to assess the advanced cyber capabilities of AI models and determine the threshold at which an AI model should be designated a “covered frontier model” for the purposes of this order, sharing such assessments with AI developers and researchers as appropriate. Such a determination shall be made by the Director of NSA, in consultation with the National Cyber Director, the APST, the Director of CISA, and other representatives of the Department of War, as appropriate.
(b) design a voluntary framework with AI developers through which developers would be able to:
(i) engage the Federal Government to determine whether model(s) under development meet the designation of “covered frontier model”;
(ii) provide the Federal Government with access to covered frontier models, subject to appropriate confidentiality, cybersecurity, insider-risk, and intellectual-property protection, use, and nondisclosure requirements, for a period of up to 30 days before they plan to release such models to other trusted partners; and
(iii) collaborate with the Federal Government to select trusted partners that will have early access to covered frontier models to promote secure innovation and strengthen the cybersecurity of critical infrastructure.
(c) Nothing in this section shall be construed to authorize the creation of a mandatory governmental licensing, preclearance, or permitting requirement for the development, publication, release, or distribution of new AI models, including frontier models.
Sec. 4. Protection Against Criminal Actors. The Attorney General shall prioritize the enforcement of 18 U.S.C. 1028, 18 U.S.C. 1030, 18 U.S.C. 1343, and all other applicable Federal criminal laws against anyone who utilizes AI to illegally access or damage a computer without authorization, or who utilizes AI while engaged in such illegal access to further any other crime. This includes breaching any public or private information technology system, or employing AI agents to unlawfully access data or information that is subsequently used for a criminal or unlawful purpose.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The costs for publication of this order shall be borne by the Department of War.
DONALD J. TRUMP
THE WHITE HOUSE,
June 2, 2026.
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