The Obama administration announced this week that it is nominating acting DEA Administrator Michele Leonhart to head the agency. Drug reformers responded with a collective groan and are preparing to challenge -- or at least question -- her nomination when it goes before the Senate Judiciary Committee for confirmation.
But Leonhart's career has also coincided with scandal and controversy. (A tip of the hat here to Pete Guither at Drug War Rant, who profiled her peccadillos in an August 2003 piece). Her time in St. Louis coincided with a perjuring informant scandal, her time in Los Angeles coincided with the beginning of the federal war against California's medical marijuana law, and as acting administrator, she blocked researchers from being able to grow their own marijuana for medical research, effectively blocking the research. As head of the DEA last year, Leonhart (or her staff) spent more than $123,000 of taxpayer money to charter a private plane for a trip to Colombia, rather than using one of the 106 airplanes the DEA already owned.
While Leonhart's role in the persecution of California medical marijuana patients and providers is drawing the most heat, it is her association with one-time DEA supersnitch Andrew Chambers that is raising the most eyebrows. Chambers earned an astounding $2.2 million for his work as a DEA informant between 1984 and 2000. The problem was that he was caught perjuring himself repeatedly. The US 9th Circuit Court of Appeals called him a liar in 1993, and the 8th Circuit Court of Appeals echoed that verdict two years later.
But instead of terminating its relationship with Chambers, the DEA protected him, failing to notify prosecutors and defense attorneys about his record. At one point, DEA and the Justice Department for 17 months stalled a public defender seeking to examine the results of DEA's background check on Chambers. Even after the agency knew its snitch was rotten, it refused to stop using Chambers, and it took the intervention of then Attorney General Janet Reno to force the agency to quit using him.
Michele Leonhart defended Chambers. When asked if, given his credibility problems, the agency should quit using him, she said, "That would be a sad day for DEA, and a sad day for anybody in the law enforcement world... He's one in a million. In my career, I'll probably never come across another Andrew."
Another Leonhart statement on Chambers is even more shocking, as much for what it says about Leonhart as for what Leonhart says about Chambers. "The only criticism (of Chambers) I've ever heard is what defense attorneys will characterize as perjury or a lie on the stand," she said, adding that once prosecutors check him out, they will agree with his DEA admirers that he is "an outstanding testifier."
While Chambers snitched for the DEA in St. Louis while Leonhart was there and snitched for the DEA in Los Angeles while Leonhart was there, the exact nature of any relationship between them is murky. Reformers suggest that perhaps the Judiciary Committee might be able to clear it up.
Leonhart was also there at the beginning of the federal assault on California's medical marijuana law. She stood beside US Attorney Michael Yamaguchi when he announced in a January 1998 press conference that the government would take action against medical marijuana clubs. And as SAC in Los Angeles up until 2004, she was the ranking DEA agent responsible for the numerous Bush administration raids against patients and providers.
Her apparent distaste for marijuana extended to researchers. In January 2009, she overruled a DEA administrative law judge and denied UMass Professor Lyle Craker the ability to grow marijuana for medical research.
And it wasn't just marijuana. She was in full drug warrior mode when she attacked ecstasy use at raves in 2001, telling the New York Times that "some of the dances in the desert are no longer just dances, they're like violent crack houses set to music."
Drug reformers responded to Leonhart's nomination with one word: disappointing.
"It's disappointing that we didn't see anyone other than a career narcotics officer and DEA employee get the nomination," said Allen St. Pierre of the National Organization for the Reform of Marijuana Laws (NORML). "But considering that his choice is a groundbreaker at DEA, perhaps there is a certain degree of political correctness for Obama. Leonhart is acceptable to conservatives because she comes from the DEA ranks, and at the same time, as a black woman who has risen from street officer to head of the DEA, she is certainly heralded by many in the Congressional Black Caucus."
"What a disappointment that was," said Dale Gieringer, head of California NORML. "We've been waiting for change ever since Obama got elected, we're still sitting here with the same Bush-appointed US Attorneys, we were hoping at least he would appoint a new DEA administrator, but no. That really shows political cowardice at the top level, I think."
"We're obviously very disappointed about this," said Aaron Houston, a spokesman for the Marijuana Policy Project. "She presided over the worst abuses of the Bush administration raids against patients and providers, she presided over some of the worst periods of activity in Los Angeles as Special Agent in Charge, she rejected the Craker application, she doesn't have a clue about the fact that the Mexicans are begging us to change our drug laws."
"The Leonhart nomination is very disappointing, but not surprising," said Bill Piper, national affairs director for the Drug Policy Allliance. "We need to use her confirmation hearing to get her on record as promising to abide by the Obama administration guidelines on medical marijuana enforcement. She may just be someone who goes along to get along, but it would be good to get her on record on whether the DEA is going to continue to waste law enforcement resources going after low-level offenders."
Law Enforcement Against Prohibition (LEAP) was more than disappointed by the nomination. "This nomination is disconcerting, to say the least," said LEAP media relations director Tom Angell. "It's hard to see how giving the DEA directorship to someone who went out of her way to block medical marijuana research aligns with President Obama's pledge to set policies based on science and facts."
One question for reformers is how much Leonhart was following her own lead during her career and how much she was just following orders. "Now that she will be a permanent agency head, maybe she can establish a clearer doctrine under this administration," said St. Pierre. "When she made her Craker ruling, she was operating under Bush doctrine. The hope is that now perhaps she will get in line with Obama and Holder's articulation of criminal justice and drug war priorities."
Reining in the raids on medical marijuana providers is one of those, St. Pierre noted. "Since last May's executive order on preemption and the October Justice Department memo on medical marijuana, it doesn't look like the DEA has really interfered very much with these dispensaries, especially in places like Montana and Colorado, where there were none and now there are hundreds," he said. "It looks like Leonhart has abated a bit compared to the marching orders she was under when she was first named acting administrator."
"It's possible she will change her tune on getting orders from above," said Gieringer. "I don't know to what extent she was taking orders from above on indefensible things like deciding to disallow the research at UMass."
Another question facing reformers is how to respond to the nomination. "We are contemplating how we are going to approach this," Houston said. "A lot of our members want us to ask senators to hold her nomination."
"People should try to stop it, but we shouldn't get our hopes up," said Piper. "Democrats are going to rally around the president, and stopping one of Obama's nominees may be too much for Democrats to do. But we can still campaign against her, and one of the great things about that is that you can use the campaign to box them in, to get them to promise to do -- or not do -- a range of things. For instance, when we had the campaign to stop Asa Hutchinson from being nominated DEA head, we got him to go on record in favor of eliminating the crack/powder cocaine sentencing disparity and diverting more people to treatment. Even if we fail to stop the nomination, it can still lead to good things. It's certainly worth launching an all-out effort. "
"Reformers should take the approach that a thorough hearing is called for," said Eric Sterling, director of the Criminal Justice Policy Foundation. "I don't know that they should argue she should be blocked, but that her role in these matters needs to be examined. That's a politically smarter way for us to approach her nomination."
Sterling expressed real concern about Leonhart's role in the Chambers scandal. "I hope that the Judiciary Committee looks aggressively at her career, and what role she may have played in promoting the career of this informant who seems to be a career perjurer," he said. "If her practice was to knowingly tolerate perjury and encourage the use of an informant who is a perjurer, she is not qualified to be head of DEA by any stretch. The danger of perjury and the overzealousness of being willing to tolerate it is one of the greatest dangers any law enforcement agency faces. Given the enormously long sentences that exist in federal cases, the risks of injustice are monumental," he noted.
"To the extent that she has a reputation on the street that she promoted or used a perjuring informant, that is a terrible signal within the agency -- if that is really the case," Sterling continued. "I think it is extremely important that the Judiciary Committee inquire into this before they vote on her nomination. I can only hope that the Obama administration has vetted her more scrupulously than some of their earlier nominees whose tax problems were either undiscovered or ignored. This is a much more sensitive position, and both good judgment regarding truth telling and punishing those who violate that trust by tolerating perjury are essential features of this job."
Another area for senatorial scrutiny is medical marijuana, said Sterling. "With respect to medical marijuana, I don't know that I would fault her given the position of the agency and the Bush administration," he said. "It would be an extraordinary DEA manager who is going to fight for medical marijuana within the agency and block raids recommended by Special Agents in Charge or US Attorneys or the Justice Department. Yes, there were some really egregious cases during her time in Los Angeles, but I'm not sure those got handled at the level she was at. This is another area senators would be justified in inquiring about. If the committee just rubber stamps this nomination, that's a mistake."
Sterling even had some questions ready for the senators. "One question to ask is what scientific evidence she would need to reschedule marijuana," Sterling suggested. "Another is what state actions would her agency honor and not carry out raids. And she could be asked why the DEA needs to be involved with medical marijuana in California, the largest state in the nation and one with a functioning medical marijuana law. Has the DEA so completely eliminated the state's heroin and methamphetamine problems that the DEA can now turn its attention to medical marijuana purveyors?"
Chances are that Michele Leonhart is going to be the next head of DEA. But she is going to be under intense scrutiny between now and then, and reformers intend to make the most of it.