The Associated Press has revealed a significant exposé on the U.S. Drug Enforcement Administration’s (DEA) operational decisions in New Mexico, focusing on the handling and distribution of fentanyl. Jim Mustian, alongside AP journalist Joshua Goodman, reported on the DEA’s strategy of allowing hundreds of thousands of fentanyl pills into the market to expand federal investigations. Their investigation involved extensive analysis of DEA records and interviews with current and former agents, including a whistleblower’s claims regarding potential public safety risks and breaches of Department of Justice rules.
Background of the Investigation
The White House designated fentanyl as a ‘weapon of mass destruction’ in the previous year. This classification underscores the severity of the crisis surrounding this synthetic opioid. Obtaining an inside look at DEA operations is notoriously challenging. Mustian’s colleague, Joshua Goodman, first discovered the whistleblower report accusing the DEA of distributing fentanyl in New Mexico. The report reached the White House in September but attracted little media coverage initially. Despite being heavily redacted, Mustian identified a minor oversight in the redactions that unveiled part of the whistleblower’s identity, leading to further communication with involved DEA agents.
DEA’s Approach to Drug Enforcement
Historically, the DEA has applied a strategy known as ‘drug walking,’ where drugs are allowed to circulate with the intent of capturing higher-level dealers. However, fentanyl’s extreme potency and lethality present unique challenges, drawing concerns from various agents regarding this approach. The DEA’s ‘One Pill Can Kill’ campaign highlights that a mere two milligrams of fentanyl is enough to be fatal, illustrating the risks associated with counterfeit pills, often produced by Mexican cartels.
An example from their report cited a 2023 incident where DEA agents observed a shipment of fentanyl pills in Albuquerque but refrained from seizing them. This decision, coming amid a peak in fatal overdoses nationwide, was critiqued by the whistleblower, David Howell, as equivalent to providing a fentanyl pill to each person in a football stadium.
Federal officials defended such strategies, asserting that targeting larger networks potentially saves more lives compared to intercepting individual shipments. A DEA spokesperson stated that allegations suggesting the DEA knowingly allowed fentanyl to reach communities are false.
Insights and Implications
This investigation underscores a significant disconnect between law enforcement activities and public knowledge. Federal agents possess substantial authority and make daily decisions impacting public safety. While the public often relies on trust in these agencies, the DEA records obtained could not have been accessed through the Freedom of Information Act. These findings showcased the complex nature of these operations which typically remain hidden.
Despite concerns raised in Howell’s complaint regarding letting fentanyl enter the market, recent DOJ policy adjustments gave law enforcement more discretion in these decisions.
Whistleblower’s Efforts and Agency Response
David Howell, a 19-year DEA veteran, formally filed a whistleblower complaint with the Office of Special Counsel. Providing detailed DEA reports and communications, Howell highlighted a specific instance of a 100,000-pill transaction that went unstopped. Initially, the Office of Special Counsel expressed concern over potential misconduct, prompting a Justice Department investigation. Nevertheless, the Department concluded that the DEA’s decisions posed no direct threat to public health, despite Howell’s criticism of the internal review’s focus.