Author: Imported Author 1794118

MONTGOMERY, Ala. (AP) — Alabama’s use of nitrogen gas to put people to death needs more study of whether it violates a constitutional ban on cruel and unusual punishment, a federal appeals court decided Monday.

The state first used nitrogen for capital punishment in 2024, and the ruling could upend Alabama’s next scheduled execution on Thursday. The method involves strapping a respirator to the person’s face and replacing breathable air with pure nitrogen, causing death from lack of oxygen.

The three-judge panel on Monday night reversed a judge’s May finding that the nitrogen method does not violate the U.S. Constitution’s ban on cruel and unusual punishment and remanded the case for additional consideration. The ruling came in a lawsuit filed last year by Jeffery Lee, a man on death row who is scheduled to be executed with nitrogen on Thursday at a south Alabama prison.

The panel stopped short of staying Lee’s planned execution. However, the panel asked the judge to consider whether his proposed alternative of a firing squad was feasible.

The U.S. Supreme Court requires a two-prong test for people challenging the constitutionality of an execution method. They must show the method provides a substantial risk of superadded pain and that a feasible alternative method is available. The appeals court said Lee met the first test but sent it back to the trial court to consider the second.

The appeals panel raised concerns about the nitrogen method and how long it might take the subject to lose awareness.

“In our view, the overall suffering described by the district court, which lasts for one to three minutes, presents a substantial risk of serious harm over and above death itself,” the panel wrote. “Counting to 60 or 180 seconds is not a quick exercise, and constitutionally speaking, that timeframe is intolerable given the suffering that would likely take place under Alabama’s nitrogen hypoxia protocol.”

The Alabama Attorney General’s Office did not immediately issue a comment on the decision. The state has maintained the method is constitutional.

Opponents of the method cheered the decision.

“For the first time a court has acknowledged what I and so many others have seen with our own eyes. Nitrogen executions are a unique form of horror,” said the Rev. Jeff Hood, who was the spiritual adviser at two nitrogen executions.

Nitrogen has been used in eight executions nationally — seven times in Alabama and once in Louisiana. Lee’s attorneys argued it causes excessive suffering. Alabama’s last nitrogen execution took more than 30 minutes to complete.

Lee was convicted of two counts of capital murder for killing Jimmy Ellis and Elaine Thompson while robbing a pawn shop on Dec. 12, 1998. Prosecutors said Lee entered Jimmy’s Pawnshop with a sawed-off shotgun and shot Ellis, the owner of the store, and Thompson, a store employee.

A jury voted 7-5 that Lee should receive a sentence of life imprisonment. However, a judge overrode that recommendation and sentenced Lee to death. Alabama in 2017 ended the practice of judicial override and no longer allows a judge to disregard a jury’s sentencing decision in death penalty cases.

The ruling came several hours after a vigil was held at the Alabama Capitol urging the governor to reduce Lee’s sentence to life imprisonment.

Alabama Attorney General Steve Marshall said he opposed the clemency request.

“The people of Alabama have not forgotten Jimmy and Elaine. I have not forgotten them,” Marshall said. “Anything short of carrying out the sentence imposed by the court falls short of justice for the victims, and that is not what victims of this state deserve.”

LOS ANGELES (AP) — In 2024, voters in the Southern California city of Arcadia elected the first all-Asian city council in the city’s history.

Now, one of those politicians has pleaded guilty to being an illegal agent of the Chinese government. Former Arcadia Mayor Eileen Wang’s plea, entered in federal court Friday, continues a saga that some residents of the area worry could bring unfair scrutiny on the broader Chinese and Asian American community.

Arcadia has gone under rapid demographic change in the last two decades as immigrants from China, Taiwan and Hong Kong flocked to the San Gabriel Valley east of Los Angeles. After Wang’s case was made public May 11, the news made national headlines and filled the unassuming suburban city with anger, disappointment and murmurs of quiet concern. On social media, fears about spies and Chinese Communist Party influence abounded.

“We cannot allow this moment to become an excuse for people to paint entire communities with one brush or weaponize ethnicity for political gain,” acting Mayor Paul Cheng said in a statement.

Shock in heavily Chinese community

Wang agreed in April to plead guilty to doing the bidding of Chinese officials by sharing articles favorable of Beijing on a news website she ran, without notifying the U.S. government as required by law.

The 56-year-old was elected in November 2022 to a five-person City Council, from which the mayor is selected on a rotating basis. She was born in Chengdu, China, and immigrated to the U.S. in 1995.

The San Gabriel Valley is home to the largest concentration of residents of Chinese and Taiwanese descent in the United States. Beginning in the 1970s, real estate developers marketed the region as “Chinese Beverly Hills” to woo affluent immigrants. As the population grew, it became a haven for newer immigrants who could go about life without needing English, access business opportunities, and avoid putting their children through China’s intensely competitive education system. Arcadia’s population of about 53,000 is majority Asian, like many other cities in the region.

Ted Tseng, 52, arrived in Arcadia from Taiwan nearly 40 years ago with his parents, who emigrated because they feared potential conflict between Taiwan and China.

Tseng was concerned Wang’s indictment would deepen animosity against Asian Americans and discredit their contributions to the region. Fears of anti-Asian racism, though hate crimes are down since the COVID-19 pandemic, still linger.

“I’m just worried our image has been damaged,” Tseng said.

Feds crack down on Chinese espionage

The U.S. Department of Justice has escalated efforts in recent years to combat Chinese espionage. In April, a man accused of running a secret Chinese spy outpost in Manhattan’s Chinatown neighborhood was convicted of acting as an illegal foreign agent.

Wang has suggested that she was misled by her former fiance, Yaoning “Mike” Sun, who pleaded guilty to the same charge last year and is now serving a four-year prison sentence. Sun was the treasurer for Wang’s 2022 election campaign.

A statement shared by Wang’s lawyers references her “trust and love for apparently the wrong person who ultimately led her astray.”

April Verlato, a former City Council member who served with Wang, said Wang and Sun lived together, and Sun accompanied Wang wherever she went.

Verlato said Wang should have stepped down as soon as she came under investigation.

“She was being selfish, getting sworn in as mayor and not resigning when she knew she was going to be pleading guilty to something,” Verlato said.

Gene Sun, a long-time lawyer in Arcadia, agreed.

“I don’t understand how she could have continued being a City Council member,” he said.

Beijing seeks influence overseas

It is not surprising that the Chinese government would attempt to exert political influence in the region, especially given the increased political tension and economic rivalry between China and the U.S. in recent years, said Wei Li, a professor of Asian Pacific American Studies at Arizona State University.

“A lot of countries, if they have the will and if they have the means, will try to influence their diaspora,” Li said.

According to his federal criminal complaint, Sun was in contact with John Chen, who also pleaded guilty to being an illegal agent of the Chinese government, regarding local politicians that Beijing could influence. In reports to Chinese officials, Sun and Chen called Wang a “New Political Star” and bragged about her contacts with mainstream U.S. politicians.

They also wrote of combatting “anti-China forces” such as Taiwan independence and the Falun Gong, an exiled anti-communist spiritual movement.

In a January 2023 message from Chen to Wang referenced in Sun’s criminal complaint, Chen said: “You are doing a good job, I hope you can continue the good work, make Chinese people proud.”

Some fear political repercussions for Asian Americans

Not only was the news of her guilty plea like a “slap in the face,” the reaction from some community members has also been painful, said Cheng, the acting mayor.

Some residents at a May 19 City Council meeting blamed remaining council members for enabling Wang and called for their resignations.

“I’ve been called more names, been told to go back to China although that’s not where I’m from,” said Cheng, who came to the U.S. from Taiwan at age 2.

For many Arcadia residents and workers, life was as usual the day after the news broke. Many smiled apologetically when asked about the issue, saying they don’t pay attention to politics.

Aliza Mo, who emigrated from China six years ago for her children’s education, said she first thought the headlines must be exaggerated.

“A lot of people wondered if it was discrimination,” she said.

When she learned what Wang pleaded guilty to, she changed her mind.

“I think it would be improper for anyone to be doing something like that,” she said.

Attorneys for the president of Wisconsin’s largest mosque say he is being denied basic medical care for diabetes and has lost 30 pounds in the two months since he was detained by immigration officers.

Salah Sarsour, a Palestinian-born legal permanent resident of the United States, was taken into custody by U.S. Immigration and Customs Enforcement agents in April. His attorneys say he is being detained on baseless claims that he is a foreign policy threat, but they believe he was actually targeted for speaking out against Israel and for a conviction as a minor by Israeli military courts.

He has no criminal record in the U.S., where he has lived for more than 30 years.

Sarsour has Type 2 diabetes and his blood sugar levels aren’t being consistently checked, putting him at risk of organ failure or death if left untreated, his attorneys told a federal judge on Monday. Sarsour is being held in an Indiana county jail while his immigration case is pending.

“We had the opportunity to make a direct, urgent appeal to the court about the need for Salah’s release, including being able to report that he has lost a staggering 30 pounds while in detention,” Luna Droubi, an attorney for Sarsour, said in a press release. “The Judge raised questions about the medical care Salah is receiving, and we will continue to press this case.”

Officials with ICE and the Department of Homeland Security did not immediately respond to a request for comment. Court documents filed by attorneys representing DHS and ICE all appeared to be sealed in the online federal court files, so any legal response to the allegations raised by Sarsour’s attorneys was not immediately available to view.

An investigation by KFF Health News and The Associated Press found that hundreds of detainees in at least 33 states have filed federal lawsuits with similar allegations of medical neglect. Those lawsuits include other detainees who say they were denied medication or had treatment delayed for conditions including cancer, high blood pressure, epilepsy, Parkinson’s, HIV, diabetes, infections, depression and more.

Sarsour’s attorneys offered more details about his detention conditions in a letter sent late last month to U.S. District Judge James Patrick Hanlon. They are asking the judge to release Sarsour while his case moves forward.

“Mr. Sarsour’s health continues to deteriorate,” they wrote. “Though he recently developed severe abdominal pain, he was told by officials in the jail that they could not help him and that he must purchase his own medication. His blood sugar levels are not being consistently checked.”

Sarsour is also being tormented by jail guards who denied him access to a Quran and who repeatedly interrupt him when he is trying to pray in accordance with his Muslim faith, his attorneys said. When Sarsour asked for an adequate diet to stabilize his blood sugar levels, he was told to purchase BBQ pork rinds from the commissary, even though that food would violate his religious beliefs and dietary restrictions, his attorneys said.

“Just over two months ago, my dad would have been starting his day as usual by checking in on my grandmother and heading to work,” said Kareem Sarsour, Salah’s son. “We’re not only fighting now for my dad’s legal right to be here, but also for his health — and basic due process guaranteed by his constitutional rights to speak up about injustice.”

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Boone reported from Boise, Idaho.

U.S. airlines spent more than $6 billion on jet fuel in April, up 78% from a year earlier despite using slightly less fuel, government data released Monday showed. Meanwhile, the airline industry’s top global trade group warned that soaring energy costs could nearly halve profits in 2026.

Since conflict erupted in the Middle East earlier this year after the U.S. and Israel launched strikes on Iran, much of the shipping traffic through the Strait of Hormuz — a critical oil transit route bordering Iran — has remained effectively halted, pushing up the price of oil and jet fuel.

In an effort to contain costs, airlines around the world have raised airfares and fees, cut other perks and canceled flights or trimmed schedules.

U.S. carriers spent nearly $6.5 billion on fuel in April, compared with about $3.6 billion a year earlier, according to the Bureau of Transportation Statistics. Fuel consumption in April totaled 1.573 billion gallons, down slightly from 1.575 billion gallons a year earlier.

The latest figures came as the International Air Transport Association released a report on Sunday saying it now expects airlines worldwide to earn a combined $23 billion in net profit in 2026, far below its previous forecast of $41 billion and down from $45 billion in 2025.

“Airlines are bearing the brunt of the fuel price shock,” said Willie Walsh, director general of IATA, which represents most of the world’s carriers. “While airfares are rising, airlines are still absorbing part of the hike in their bottom lines.”

The group said jet fuel prices are expected to average $152 a barrel in 2026, nearly 70% higher than in 2025, pushing the global airline fuel bill to about $350 billion from $252 billion a year earlier. IATA said that fuel is forecast to account for more than 31% of airline operating expenses in 2026, up from about 25% last year.

In the U.S., the cost of a gallon of jet fuel in April was $4.11, the Bureau of Transportation Statistics said. Last April, it cost $2.31.

In a sign of the conflict’s ongoing repercussions for travel, American Airlines said last week it was suspending some of its routes this summer. In April, Lufthansa Group said it would cut 20,000 short-haul flights through October and Air Canada announced it was suspending its service to New York’s John F. Kennedy International Airport from June until late October.

Other airlines, ranging from U.S. carriers like United and Delta to Air France-KLM, Philippine Airlines and Cathay Pacific in Europe and Asia, have either cut flights, readjusted their schedules or halted plans to add more seats and routes this year.