Commentary

The amazing excuse for keeping death penalty drugs secret

The North Carolina Senate is scheduled to take up legislation this evening that would, among other worrisome things, strike a large and troubling blow for the cause of government secrecy. The subject is the death penalty and the legislation in question would specifically amend the state public records law to make clear that citizens will be prohibited from finding out information about the drugs that will be used kill people in their name — including who makes them. This is from an Associated Press story from last Thursday:

“The state Senate could vote as soon as next week on legislation clarifying executions are exempt from state requirements for the public rule-making process. That would allow officials to find new drugs for lethal injection more quickly and with less public review. The bill also eases restrictions on the types of drugs used and prohibits disclosing where they are manufactured.”

As bad is all of this is, however, listen to the explanation for this provision advanced by the bill’s main sponsor:

“When asked by a Democratic member of the Senate Judiciary Committee whether his bill decreased transparency, Rep. Leo Daughtry, R-Johnston, said he agreed it did. But he argued that a certain level of secrecy was required to protect drug manufacturers.

‘If you tell them where the drug comes from, there will be 300 people outside the building,’ Daughtry said.”

In other words, lawmakers want to keep the drugs secret so that, well, so that no one will find out what they are or where they come from and then, perish the thought, use the information to communicate with the pharmaceutical companies that make them.

What an outrageous concept! Citizens using public information to find out the identities of the companies to whom their government is giving public funds to buy drugs to kill people in the public’s name and then, perhaps, exercising their First Amendment rights to target protests against those companies.

This from lawmakers who came to power championing “transparency” and an “open” and “small” government.

Perhaps the stunning hypocrisy of all this (not to mention the very troubling precedent that would be established) explains why the North Carolina Press Association (of which — full disclosure — NC Policy Watch is a member) opposes the legislation.

Let’s hope that, regardless of their views on the death penalty, lawmakers wake up to the real world dangers of this new provision and the symbolic, Big Brother-like message it sends.

One Comment


  1. John

    July 28, 2015 at 4:21 pm

    Section 5 of House Bill 744 eliminates the provision of the law defining the drug combination that must be used for executions. The bill would also exempt the execution protocol itself from the oversight of the state’s Rules Review Commission. Without rules specifying the types of drugs that are acceptable, it appears anything that is cheap and effective can be used. There are no reports that Leo Daughtry denied rumors that a deal had been reached with Home Depot to supply execution drugs. It is likely that the execution protocol deemed acceptable by the Republican members of NCGA is as follows:

    http://www.theonion.com/article/executioner-enters-lethal-injection-room-with-bag–36546

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