Tennessee Blocks Release of Execution Manual Amid Secrecy Debate

Tennessee’s Department of Correction (TDOC) confirmed its updated execution manual will not be released to the public, citing confidentiality laws. The state recently announced a revised lethal injection protocol that replaces a three-drug combination with a single dose of pentobarbital following years of controversy. Newsweek reached out to the TDOC for comment. Why It Matters Executions in the United States have reached historic lows in recent years, but the few states still implementing the death penalty have ramped up efforts to shield the process from public scrutiny, particularly regarding the sourcing of lethal injection drugs. Tennessee’s execution practices have been on hold since May 2022, when officials admitted they had failed to comply with testing and purity standards for execution drugs. An independent review later revealed that none of the drugs used since 2018 were fully tested as required, undermining public trust. The TDOC is now asserting that the revised document is not a public record due to provisions protecting the identities of executioners and others involved. The Tennessee State Supreme Court building in Nashville. The U.S. Department of Justice is currently reviewing the use of pentobarbital in executions, adding another layer of scrutiny to Tennessee’s revised protocol. The Tennessee State Supreme Court building in Nashville. The U.S. Department of Justice is currently reviewing the use of pentobarbital in executions, adding another layer of scrutiny to Tennessee’s revised protocol. pabradyphoto/Getty Images What To Know This decision marks a departure from past practices. In 2018, Tennessee provided a redacted version of its execution protocol to journalists. A reversal could hinder accountability in a process already under scrutiny for failure to adhere to previous protocols. Two years ago, the state’s top attorney and inspector general, Debbie Inglis and Kelly Young, were fired following an independent review that found the state had not complied with its lethal injection process. Tennessee’s previous three-drug protocol required the use of midazolam, a sedative criticized for its association with botched executions in other states. The revised method involves a single dose of pentobarbital, a barbiturate used for seizures but controversial for causing pulmonary edema, described by some as akin to drowning. “We know from the scientific data that single drug pentobarbital results in pulmonary edema, which has been likened to waterboarding,” said Kelley Henry, a Federal public defender. Death row inmates have 90 days to review the updated protocol and decide to amend their lawsuit. What People Are Saying Kayla Hackney, Tennessee correction spokesperson: The “protocol is not a public record.” She cited a Tennessee statute that makes the identities of the people carrying out executions confidential. Kelley Henry, chief of the federal public defender’s habeas unit: “The secrecy which shrouds the execution protocol in Tennessee is what allowed TDOC to perform executions in violation of their own protocol while simultaneously misrepresenting their actions to the courts and the public.” Correction Department Commissioner Frank Strada said last month: “I am confident the lethal injection process can proceed in compliance with departmental policy and state laws.” What Happens Next The controversy over Tennessee’s revised protocol is unlikely to subside soon. The federal court case challenging the previous three-drug method remains paused, and a decision on whether to move forward with new claims could significantly delay executions in the state. Meanwhile, the U.S. Department of Justice is reviewing the use of pentobarbital in executions, adding another layer of uncertainty to Tennessee’s plans. Henry has argued that the revised protocol must pass legal and ethical scrutiny before the state resumes any executions. This article includes reporting from The Associated Press.