SWAT/Paramilitarization

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More FOX Coverage of Botched Drug Raid Killings

Radley Balko was on Freedom Watch last night for the second time this month, discussing the SWAT killing of Todd Blair that went viral last week.

Reagan Turns 100: Fawning Media Ignore His Disastrous War on Drugs (Opinion)

Tony Newman, communications director for the Drug Policy Alliance, opines on Ronald Reagan's legacy. Newman says Reagan's harsh drug policies not only exploded the prison population, he also blocked programs that could have prevented hundreds of thousands of AIDS deaths.
Publication/Source: 
Alternet (CA)
URL: 
http://www.alternet.org/drugs/149658/reagan_turns_100%3A_fawning_media_ignore_his_disastrous_%27war_on_drugs%27

Settlement Reached in Maryland Mayor's SWAT Raid Lawsuit

Berwyn Heights Mayor Cheye Calvo's lawsuit against Prince Georges County, Maryland over a 2008 SWAT raid in which his two dogs were shot dead and he was held at gunpoint is over. Calvo told the Washington Post Monday that a settlement had been reached, but declined to comment on the settlement amount or other details, which are still being worked out.

They shoot dogs, don't they? Maybe fewer now. (image via Wikimedia)
Calvo did say that the settlement will bring reforms in the way the county conducts drug raids. How and when SWAT teams are deployed and the humane treatment of pets are among the areas where reforms will occur, he said.

"We're achieving the reforms we were seeking," Calvo said.

A civil trial in the lawsuit was set to begin Monday. The county had no comment as of Monday afternoon.

Calvo's home was raided in July 2008 by Prince Georges Sheriff's SWAT officers who were assisting county police narcotics investigators. Police had been tipped that a package being shipped to Calvo's address contained marijuana. They intercepted the package, delivered it to Calvo's porch, then broke down the door after Calvo, returning from walking his dogs, picked up the package and took it inside.

SWAT officers shot and killed Calvo's two dogs and kept the mayor handcuffed and kneeling on the ground. But it turned out that Calvo had nothing to do with the marijuana, which was being shipped to the addresses of unwitting people to be picked up off their porches by pot dealers before they got home.

Calvo's lawsuit alleged that the SWAT team failed to "knock and announce" their presence before raiding the house and that the county was too loose in its usage of the SWAT team. He also accused the sheriff's department of having no policy for dealing with pets in a home being raided.

Calvo filed suit after the sheriff's department declared itself exonerated following an internal investigation. That and the raid itself were "business as usual" for Prince Georges County, Calvo wrote in a 2009 Washington Post op-ed. That's what prompted him to file the lawsuit, on the same day as the county's announcement. Calvo also successfully lobbied for passage of a statewide SWAT reporting bill.

Here's hoping there really is no more of that sort of "business as usual" in Prince Georges County. And here's thanking Cheye Calvo for standing up to official oppression.

Upper Marlboro, MD
United States

Family Home Stormed in Another Botched Drug Prohibition SWAT Raid

Location: 
36 Sharon Drive
Spring Valley, NY 10977
United States
Another police raid and yet another innocent family caught up in a failed drug prohibition war that sends heavily armed, masked and hyped up cops in search of largely nonviolent offenders. This time the raid happened in Spring Valley, New York, and left a 13-year-old child vomiting and gasping for air in an asthma attack triggered by the over-the-top and misdirected actions of police and DEA agents.
Publication/Source: 
Change.org (DC)
URL: 
http://criminaljustice.change.org/blog/view/family_home_stormed_in_another_botched_swat_raid

Video Shows Utah Man Being Killed in Drug Raid

Utah SWAT team bringing death in
A police video of a September drug raid in Utah provides graphic evidence of the sometimes dire consequences of SWAT-style drug law enforcement. In the video released by the Salt Lake Tribune, a member of the Weber-Morgan Narcotics Strike Force repeatedly shoots and kills resident Todd Blair as Blair steps into a hallway holding a golf club like a baseball bat.

According to a Tribune article in December, Blair, while a methamphetamine user and familiar to police, was not the target of the raid and was not supposed to be in the house. In fact, police had earlier seen a man they thought was Blair leaving the house and pulled him over so he wouldn't be present during the raid. But the man was not Blair and was released, at which point police began to prepare a "dynamic entry" or no-knock raid.

Police had received a warrant for a no-knock warrant after claiming in their affidavit that the house had "lookouts" who would warn of their arrival and that their suspect -- not Blair -- might attempt to destroy the evidence. The affidavit did not mention that their suspect had already moved out of the house.

Because they had expected to raid an empty residence, the police SWAT team had not prepared a "dynamic entry" plan. Instead of falling back and creating one in the standard procedure, they retreated to a nearby retirement home and improvised one. They had also forgotten to bring along a copy of their search warrant -- not a legal failing in a no-knock raid, but another indication of a drug squad fraying at the edges.

The video show police yelling, "Police! Search warrant!" and breaking down the door in a matter of seconds. Ogden police Sgt. Troy Burnett was the first officer through the door when Blair, shirtless, stepped into a hallway brandishing the golf club. He was eight to ten feet away and not advancing when Burnett, without uttering a warning, shoots him three times in the head and chest. As he collapses, Burnett yells "Get on the ground!"

Utah authorities determined the shooting was justified.



Roy, UT
United States

Brutal Drug Raid Killing Caught on Video

The drug czar has gone to great rhetorical lengths to convince the American people that our drug policy isn’t a war any longer, but you don't have to look very hard to see the violence that still erupts daily, not only in Mexico, but right here in our own communities. If you can handle it, I'd like you to take a look at just one example of the incredible violence police use when enforcing our drug laws.

That is how quickly lives are lost in the war on drugs. When police invade private homes in search of drugs, anything and everything can go wrong, and even the slightest misunderstanding becomes a matter of life and death. The victim in this case, Todd Blair, brandished a golf club in terror as armed men stormed his home in the night. We'll never know for sure if he realized they were police. But we do know that only a small amount of drugs were found in the raid that took his life.

That drugs and violence often go hand in hand isn't a mystery to many among us – the bloodshed gripping Mexico is old news by now – but this is a very different kind of drug war violence than the infamous turf wars of the cartels. This is a rare glimpse into the unbelievable level of force our own public servants unleash routinely in order to protect us from ourselves. This man was just a drug user. Whether he ever sold drugs is in dispute, but there's no question that he lived and died in poverty, and not from drugs, but from police who gunned him down in his own home.

So long as we rely on police to lead the fight against drug abuse, the consequences will unfold brutally all around us and people who could have been helped – not to mention innocent bystanders – will be lost to us forever. Mistakes and misunderstandings will continue to occur with deadly frequency, but to a very large extent, the tragic events that take place daily in the war on drugs are not mistakes at all; they are the real and inevitable results of the laws our police enforce and the orders they receive. If heavily-armed pre-dawn drug raids are standard protocol, then people getting shot dead in the dark obviously can't be considered a crime, and it shouldn't be called an accident either.

The movement to end the war on drugs isn't just about making drugs legal. It's also about making it illegal for police to kill our friends and family over small bags of contraband. 

FOX Covers Latest Botched Drug Raid Killing

Freedom Watch with Judge Napolitano is on point yet again with this coverage of the recent killing of grandfather Eurie Stamps.


Unfortunately, tragedies like this one are all too common, and it's honestly hard to summon the same level of outrage after watching the same horrific fact pattern unfold again and again. Nevertheless, it's at least encouraging to see Freedom Watch emerge as a high profile venue for exposing the drug war's reckless brutality to the light of day. Radley Balko also deserves credit for his hard work on this issue, though it must suck to be the go-to guy for a media quote whenever an innocent person gets shot dead by the cops. How depressing.

Massachusetts Sees First US Drug War Killing of 2011

[Editor's Note: This year, Drug War Chronicle is going to try to track every death directly attributable to drug law enforcement. We didn't have to wait long, did we? We can use your help. If you come across a news account of a killing related to drug law enforcement, please send us an email at psmith@drcnet.org.]

A 68-year-old Framingham, Massachusetts, man has become the first person killed by police enforcing the drug laws in the US this year. Eurie Stamps Sr. was fatally shot by a Framingham Police SWAT officer shortly after midnight Wednesday as police served a drug search warrant at his residence.

Authorities have not released details of the shooting, which is now under investigation by the Middlesex District Attorney's Office and the Massachusetts State Police. A spokesman for DA Gerry Leone said authorities are investigating whether Stamps was armed. But a family friend told the MetroWest newspaper that authorities said the shooting was accidental.

The friend, Dwayne Barrett of Framingham, described Stamps as "a very good man, the type of man who'd give you the shirt off his back. This shouldn't have happened."

Police said they arrested two men at the residence during the drug raid, one of whom is Stamps' stepson. Those men are charged with possession of cocaine with the intent to distribute, conspiracy to violate the state's controlled substances law, and a school zone violation.


(Click here for WBZ news report.)

Framingham, MA
United States

This Year's Top 10 Domestic Drug Policy Stories

A lot went on in the realm of drug policy reform in 2010. Here is our summation of what we think are the biggest stories of the year.

fire truck lent by Dr. Bronner's for SSDP/Prop 19 campus tour
Marijuana on the Verge -- Prop 19, Public Opinion, and the Looming Sea Change

California's tax and regulate marijuana legalization initiative, Proposition 19, ultimately failed to get over the top on Election Day, but it garnered 46.5% of the vote, the highest ever for a legalization initiative, and generated reams of media coverage, making it the most watched initiative of any in the land this year. The battle for Prop 19 also yielded the broadest coalition yet behind marijuana legalization, as unions, dissident law enforcement groups, and Latino and African-American groups got on the legalization bandwagon in a big way for the first time. Launched with over a million dollars of funding from Oakland cannabis entrepreneur Richard Lee, the initiative garnered significant additional support during the campaign's final months, including a late $1 million donation from George Soros, but too little and too late to make a difference in the nation's largest and most expensive media market. The coalition that came together around Prop 19 is vowing to stay together and work to place another initiative on the ballot, most likely in 2012.

If California has legalization on the ballot in 2012, activists in Colorado, Oregon, and Washington all took steps this year to ensure that it won't be alone. Ill-funded and controversial legalization initiatives missed making the ballot in Oregon and Washington this year, but organizers in both states have vowed to try again, and Sensible Washington, the folks behind this year's effort there, already have a pro-legalization billboard up on I-5 in the Seattle area. In Colorado, organizers bided their time this year amidst the medical marijuana explosion there, but are busy laying the groundwork for a legalization initiative there.

This year also saw a legalization bill pass out of the California Assembly Public Safety Committee in January, a first in the US. While that bill died later in the session, sponsor Tom Ammiano (D-SF), reintroduced it in March and it awaits further consideration in Sacramento. In New Hampshire, a decriminalization bill passed the House in March, only to be killed in a Senate committee in April, while in Washington state, legalization and decriminalization bills got a January hearing before dying in committee later that same month. In Rhode Island, a decriminalization bill was introduced in February and a state legislative commission endorsed it in March, but the bill went nowhere so far. Later in the year, the California legislature passed and Gov. Arnold Schwarzenegger signed a decriminalization bill there. And in November, a marijuana legalization bill passed the House in the US territory of the Northern Marianas Islands, marking the first time a legalization bill has passed a legislative chamber anywhere in the US. It was later defeated in the Senate. No legalization or decriminalization bills passed this year, but the day is drawing near.

A plethora of public opinion polls this year suggest why, as support for pot legalization is now hovering just under 50%. In January, an ABC News/Washington Post poll had support at 46%; in April, a Pew poll had it at 41%. By July, an Angus-Reid poll had support at 52%, while Rasmussen showed it at 43%. In November, a Gallup poll had support for legalization at 46%, its highest level ever and a 15 percentage point increase over just a decade ago. Some of these polls showed majority support for legalization in the West, which will be put to the test in 2012.

Medical Marijuana -- the Ongoing Battle

The acceptance of medical marijuana continued in 2010, as two states, New Jersey and Arizona, along with the District of Columbia, became the latest to legalize the medicinal use of the herb. It's worth noting, however, that medical marijuana is not yet being produced or consumed in any of those places, even though the New Jersey legislation was signed into law in January and the DC medical marijuana initiative was actually revived last year. To be fair, voters only approved the Arizona initiative in November, and regulators there have three more months to come up with enabling regulations.

But the acceptance is by no means complete, and resistance from recalcitrant law enforcement and local governments continues apace. A medical marijuana initiative in South Dakota and an Oregon initiative to create a system of state-licensed, nonprofit dispensaries both failed in November. And despite efforts to pass medical marijuana bills through numerous state legislatures, none beside New Jersey came to fruition this year. Bills have stalled in Alabama, Illinois, Maryland, New York, and Wisconsin, among others, even as they are continually pared back to be ever more restrictive in a bid to appease opponents.

Medical marijuana states that have less loosely written laws -- all via the initiative process, including California, Colorado, Michigan, and Montana -- proved to be highly contested terrain in 2010. The blossoming of hundreds of dispensaries in Colorado this year led to the passage of regulatory legislation this summer, while a similar, if more limited outbreak of envelope-pushing in Montana has legislators there vowing to rein in the industry when they reconvene next year. In Michigan, law enforcement in some locales has arrested people in apparent compliance with the state law. In all three states, battles have also broken out at the city or county level, especially over efforts to ban medical marijuana operations. These fights will continue.

California is a world of its own when it comes to medical marijuana. The most wide open of the medical marijuana states, which, thanks to the language of Proposition 215, allows for medical marijuana to be recommended for virtually anything, it is also the state where legal and political conflict over medical marijuana is most entrenched. Despite more than a decade of litigation, the legality of selling medical marijuana remains unclear, and depending on the attitude of local authorities, dispensaries can be -- and are -- subject to raids and prosecution. The medical marijuana community dodged a bullet in November when Kamala Harris defeated dispensary arch-foe Steve Cooley, the Republican Los Angeles County prosecutor. Meanwhile, in communities across the state, battles rage over banning dispensaries, or, in happier circumstances, over how to permit and tax them. And medical marijuana is increasingly recognized for the big business it is. A growing number of California towns and cities this year voted to tax medical marijuana, and Oakland gave the go-ahead for massive medical marijuana mega-farms, although it may now retreat in the face of rumblings from the Justice Department. None of this got resolved this year, and the fight over medical marijuana in the Golden State is unlikely to wind down any time soon.

The DEA Continues to Misbehave

And then there's the DEA. It was in October 2009 that the Justice Department released its famous memo telling the DEA to butt out if medical marijuana operations in states that had approved them where not violating state law. While DEA raids have certainly declined from their thuggish heyday in the Bush administration, they have not gone away. After a Colorado medical marijuana grower had the temerity to appear on a local TV news program showing off his garden, the DEA raided him in February. The DEA also hit Michigan medical marijuana operations at least twice, in July and again early this month. The DEA has also raided numerous California medical marijuana operations this year, including the first collective to apply for the Mendocino County sheriff's cultivation permit program and a number of beleaguered San Diego area dispensaries. In most cases, the DEA is relying on the cooperation of sympathetic local law enforcement and prosecutors. Making the DEA live up to the Holder memo is a battle that is yet to be won.

The Obama administration's nomination of acting DEA administrator Michele Leonhart is not a good omen. Despite a horrendous record at the DEA, including a stint as Special Agent in Charge in Los Angeles during the height of the Bush administration raids on medical marijuana facilities, and in St. Louis during the Andrew Chambers "supersnitch" perjury scandal, Leonhart's nomination has cleared the Senate Judiciary Committee and is likely to be approved by the Senate as a whole once she takes some actions to improve access to pain medications for seniors in nursing homes -- an issue on which Sen. Herb Kohl was said will cause him to place a hold on a floor vote until she and the agency address it.

Drug War Juggernaut Continues Rolling

While support for marijuana decriminalization and/or legalization continues to grow, and while a number of states have enacted sentencing reforms in response to fiscal pressures, the drug war juggernaut keeps rolling along, chewing up lives like so much chaff. US law enforcement made more than 1.6 million arrests on drug charges last year, more than half of them for marijuana offenses, marking the first year pot busts made up more than half of all drug arrests. The number is actually down slightly from the previous year, but only marginally so, as drug law enforcement keeps humming along. But in the current economic crunch, such a high level of enforcement and punishment may no longer be sustainable. A Pew report found that state prison populations had declined for the first time since the 1970s, if only by 0.4%, although the federal prison population, more than 60% of which consists of drug offenders, increased by 3.4%. Similarly, the Bureau of Justice Statistics reported than US jail populations had decreased for the first time in decades, dropping by 2.3% over the previous year. The tiny turnarounds are a good thing, but there is a long, long way to go.

Rolling Back the Crack/Powder Cocaine Sentencing Disparity


For the first time in the modern drug war era, Congress this year rolled back a harsh drug sentencing law. The sentencing disparity between crack and powder cocaine offenses had been under the gun for more than decade as it became increasingly evident that the laws were having a racially disproportionate impact. Under the old law, five grams of crack would earn you a mandatory minimum five-year sentence, while it took a hundred times as much powder cocaine to garner the same sentence. Although a majority of crack users are white, blacks accounted for more than 80% of all federal crack cocaine prosecutions. A bill to reduce, but not eliminate, the sentencing disparity passed the Senate Judiciary Committee in March and the Senate as a whole weeks later. The House Judiciary Committee had already passed a similar measure that would completely eliminate the disparity, but the House leadership chose to go along with the Senate, reducing the disparity from 100:1 to 18:1, but not completely eliminating it when it voted to approve the bill in July. President Obama signed the bill into law days later. While passage of the bill is a milestone, it leaves work undone. The sentencing disparity, while reduced, still exists, and thousands of prisoners sentenced under the harsh old law remain in prison because the new law lacks retroactivity.

Demands for Drug Testing of Welfare Recipients, the Unemployed, and Even Politicians

The impulse to score cheap political points by unleashing moralistic wrath on the poor and the unfortunate remained alive in 2010. As in years past, efforts to demand drug testing of unemployment recipients or people receiving welfare benefits went nowhere, but not for lack of trying. In fact, the year was bookended by such efforts, starting with a Missouri bill that would have mandated drug testing for Temporary Assistance to Needy Families (TANF) recipients upon "reasonable cause." That bill passed a Senate committee and the House in February, but died in the Senate after a Democratic filibuster. Similarly, drug testing bills in Kentucky, South Carolina, and West Virginia all died, as did a silly Louisiana bill that would have allowed Louisiana elected officials to submit to a voluntary drug test and post the results on the Internet. Later in the year, successful Florida Republican gubernatorial candidate Rick Scott called for mandatory drug testing of welfare recipients, a call he has vowed to carry out as governor.

Attack of (on) the Synthetic Cannabinoids

Synthetic cannabinoids marketed as incense under names like Spice and K-2 first showed up on the national radar last year, and by early 2010 the prohibitionist impulse began rearing its ugly head in state legislatures across the land. Containing synthetic cannabinoids JWH-018 or JWH-073, synthesized by a university researcher in the 1990s, the stuff was available at head shops, smoke shops, and corner gas stations everywhere, as well as on the Internet. Although no overdose deaths linked to synthetic cannabinoids have been reported, there have been reports of emergency room visits and calls to poison centers by people under its influence. But it wasn't the alleged dangers as much as the fear that someone, somewhere could be getting high without getting into legal trouble that impelled a series of statewide and municipal bans. In March, Kansas became the first state to ban synthetic cannabinoids, followed by Alabama in April, Georgia in May and Missouri in July. Also banning the compounds this year were Arkansas, Kentucky, Louisiana, North Dakota, and Tennessee. Similar legislation was also proposed in several more states, including Florida, Ilinois, and New York. Then, in November, the DEA announced an emergency nationwide ban to go into effect in 30 days, meaning you have until Christmas to use the compounds legally. After that, you're a federal criminal.

SWAT Raids and Drug War Killings

It's not just the massive extent of the drug war that generates criticism, but the law enforcement violence and overkill that too often accompanies it. This year, the now infamous SWAT team raid in Columbia, Missouri, in February that left a dog dead and a family traumatized in a raid over marijuana went got national attention when a video of the raid went viral on the Internet at mid-year. Another SWAT raid in Detroit in May generated outrage when it resulted in the death of 7-year-old girl shot by a raider, and that same month, a Georgia grandmother suffered a heart attack when her home was mistakenly hit by the local SWAT team and DEA agents. And then there was the case of Trevon Cole, a 21-year-old black man killed as he knelt in his own bathroom as the apartment he shared with his pregnant girlfriend was raided over small-time pot sales. The police shooter, of course, was found innocent of any wrongdoing in a coroner's inquest, and now Cole's family is suing. So is the family in the Columbia SWAT raid.

Sentencing Reforms Continue in the States

In a bid to reduce corrections spending, a number of states in the last decade have moved to implement sentencing reforms, and 2010 saw the trend continue. In May, Colorado passed reforms that will reduce some drug use and possession sentences, allow greater judicial flexibility in sentencing, and keep some technical parole violators from being sent back to prison. But the package also increases some drug sales and manufacturing sentences. In June, South Carolina passed reforms that will end mandatory minimum sentences for some drug offenses. In August, Massachusetts passed reforms that will eliminate some mandatory minimums in a bill that was watered down from an earlier Senate version.  In all three cases, it was not bleeding hearts but bleeding wallets that was the impetus for reform.

A Congressional Drug Warrior Goes Down in Flames

It couldn’t happen to a nicer guy. This year is also notable for the spectacular May end to the career of inveterate congressional drug warrior Rep. Mark Souder (R-IN). The doughy cultural conservative crusader from the heartland resigned from Congress after admitting at a press conference to having an affair with a female staffer with whom he had once made abstinence videos. Souder is best known to drug reformers as the author of the "smoke a joint, lose your federal aid" provision of the Higher Education Act, and thus deserves credit for almost singlehandedly causing the formation of Students for Sensible Drug Policy. But his enthusiasm for the war on drugs also led him to the chairmanship of the House Government Reform Subcommittee on Criminal Justice, Drug Policy and Human Resources from 2001 to 2007, where he used his position to support harsh drug policies. He was, for instance, a staunch foe of medical marijuana and a loud voice against the Hinchey-Rohrabacher amendments, which would, if passed, have stopped federal raids on medical marijuana patients and providers. To be fair, Souder did offer committee legislation in 2006 to restrict the reach of his student aid penalty, and he was also a key Republican supporter of the recent "Second Chance" prisoner reentry funding legislation. Still, reformers are happy that one of the staunchest and most active drug warriors is out of Congress now, struck down by his own hypocrisy.

Senate Holds Hearings on Controversial DEA Nominee [FEATURE]

Michele Leonhart's nomination to be Drug Enforcement Administration (DEA) administrator appeared to be on track for an easy confirmation after a Wednesday hearing in the Senate Judiciary Committee. The nomination is opposed by the drug reform, medical marijuana, and hemp movements, but insiders say it is all but a done deal.

http://stopthedrugwar.org/files/mleonhart.jpg
meet the new boss, same as the old boss
While reformers had hoped one or more senators would ask Leonhart "tough questions" about her tenure as acting DEA administrator, that didn't happen. Sens. Herb Kohl (D-WI) and Patrick Leahy (D-VT) pressed Leonhart about easing access to pain medications for senior citizens in nursing homes, but that was about the extent of the prodding.

Sen. Jeff Sessions (R-AL), expressing concern about all that legalization talk in the air, gave Leonhart the opportunity to assure him that she and the DEA stood steadfast. She obliged him.

"I have seen what marijuana use has done to young people," Leonhart said. "I've seen the addiction, the family breakup. I've seen the bad. I'm extremely concerned about the legalization of any drugs," she avowed. "We already have problems with prescription drugs, which are legal, so it's of concern."

Legalizers are singing a seductive siren song, Leonhart warned. "The danger of these legalization efforts, they say we could just end the problem of drugs if we just make it legal," she explained. "But any country that has tried that -- the Netherlands, Alaska -- it has not worked, it is failed public policy."

Leonhart was nominated by President Bush to be administrator at DEA after replacing Karen Tandy in 2007 and has been acting administrator ever since. The Obama administration renominated her as administrator in February, but the nomination languished as the committee dealt with other business, most notably addressing  a backlog of judicial nominations and preparing for confirmation hearings for the nomination of Elena Kagan to the Supreme Court.

Medical marijuana and drug reform advocacy groups have opposed Leonhart's nomination on a variety of grounds. As Special Agent in Charge of the DEA's Los Angeles office from 1998 to 2004 and DEA deputy administrator from 2003 to 2007, she presided over hundreds of raids on medical marijuana patients and providers. As acting administrator, she ran DEA while California medical marijuana raids continued unabated until the October 2009 Justice Department memorandum  to quit persecuting patients and providers "whose actions are in clear and unambiguous compliance with existing state laws."

Even since then, while DEA medical marijuana raids have diminished, they have not stopped. According to the medical marijuana support group Americans for Safe Access (ASA), since the memo went out, the DEA under Leonhart has engaged in more than 30 raids of medical marijuana providers in states where it is legal.

"As the deputy director, Ms. Leonhart supervised an unprecedented level of paramilitary-style enforcement raids designed to undermine safe access and the implementation of state medical marijuana programs," ASA said in an alert to its members.

Leonhart is also drawing fire from advocates for overturning a DEA administrative law judge's decision to issue a license to UMass-Amherst Professor Lyle Craker to grow marijuana for FDA-approved research. That decision left intact the federal government's monopoly on the cultivation of marijuana for research purposes. It is grown only at the University of Mississippi.

And she is being opposed as well for her DEA's recalcitrance when it comes to industrial hemp. In a July letter to the committee, the industry group Vote Hemp said it opposed Leonhart's nomination because under her tenure DEA continues to block hemp production in the US, has failed for more than three years to respond to several applications from North Dakota-licensed farmers to grow hemp, and continues to maintain the fiction that hemp is marijuana.

"Michele Leonhart, the nominee for administrator and a lifetime DEA bureaucrat, severely lacks the vision to change policy on hemp farming for the better," the group said.  "Vote Hemp strongly opposes the nomination of Michele Leonhart to be Administrator of the DEA."

There is another reason to question her suitability to run DEA -- her dealings with and defense of one-time DEA "supersnitch" Andrew Chambers. 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."

And then there's her connection to the "House of Death" scandal. The "House of Death" in Ciudad Juárez, Mexico, was a house used by the Juárez drug cartel to murder people. Dozens of bodies were eventually recovered when the police raided it. The case revolves around a US Immigration and Customs (ICE) and DEA informant in Mexico, code-named "Lalo," who witnessed (and perhaps took part in) a murder in the House of Death during August 2003. In a lawsuit, whistleblower and former DEA Special Agent Sanalio Gonzalez charges that Leonhart and other officials fired him for speaking out about the murders and then helped cover the scandal up.

A number of reform groups have organized Internet and phone call-in campaigns in a bid to derail the nomination. Students for Sensible Drug Policy, NORML, California NORML, and Firedoglake have all sounded the alarm. So has the Marijuana Policy Project (MPP).

[Editor's Note: The interviews below were conducted before Wednesday's hearing.]

"We are asking our supporters and followers to contact their representatives if they are serving on the committee and tell them to ask her some tough questions about her previous actions," said MPP communications director Mike Meno. "She presided over hundreds of DEA raids on legal medical marijuana providers during Bush admin, and played a crucial role in rejecting applications to do FDA-level research on marijuana."

ASA provided a list of questions for the committee to ask Leonhart, including how raiding medical marijuana providers was an efficient use of DEA resources, how the DEA might work with medical marijuana states, why the DEA didn't just hand over cases of "clear and unambiguous" violations of state medical marijuana laws to state authorities, and when the DEA might get around to deciding the status of a 2002 petition to reschedule marijuana.

"I was hoping that this nomination was going to die a slow death but it appears as if they are going forward with it," said Tom Murphy, outreach coordinator for Vote Hemp. "We sent a letter in opposition, as I know a number of other organizations have. We've also got a pair of action alerts up on our web site. We've been working it against this since June, and we have a long list of reasons to oppose her nomination."

But it doesn’t appear that the senators on the Judiciary Committee are paying much heed to the stop Leonhart campaign. Despite the protests, her nomination is likely to sale through the committee tomorrow and be quickly approved by the Senate.

"Unfortunately, I don't think there's any chance of stopping her nomination," said Murphy. "She was nominated by Bush, and the committee sat on it, and renominated by Obama and they sat it on. Now we're a lame duck session, and they’re moving it. That tells me they have the votes to get it through and it's a done deal."

"The prospects aren't good. Every office we've talked to has said they weren't going to go against an Obama nominee," said Bill Piper, national affairs director for the Drug Policy Alliance, which also opposed the nomination. "But if we can get some senators to put pressure on her publicly or privately, maybe she will quit being such as obstacle when it comes to things like Amherst and the raids. We're taking sort of a harm reduction approach, like when Asa Hutchinson was grilled during his hearing and came out in support of reducing the crack/powder cocaine sentencing disparity."

Getting Michele Leonhart to back off a little on the medical marijuana raids would be a welcome consolation, but don't hold your breath. Progressive drug policy stances are not the traditional province of the DEA, and it looks like nothing is going to change there for the foreseeable future.

Washington, DC
United States

Drug War Issues

Criminal JusticeAsset Forfeiture, Collateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Court Rulings, Drug Courts, Due Process, Felony Disenfranchisement, Incarceration, Policing (2011 Drug War Killings, 2012 Drug War Killings, 2013 Drug War Killings, 2014 Drug War Killings, Arrests, Eradication, Informants, Interdiction, Lowest Priority Policies, Police Corruption, Police Raids, Profiling, Search and Seizure, SWAT/Paramilitarization, Task Forces, Undercover Work), Probation or Parole, Prosecution, Reentry/Rehabilitation, Sentencing (Alternatives to Incarceration, Clemency and Pardon, Crack/Powder Cocaine Disparity, Death Penalty, Decriminalization, Defelonization, Drug Free Zones, Mandatory Minimums, Rockefeller Drug Laws, Sentencing Guidelines)CultureArt, Celebrities, Counter-Culture, Music, Poetry/Literature, Television, TheaterDrug UseParaphernalia, ViolenceIntersecting IssuesCollateral Sanctions (College Aid, Drug Taxes, Housing, Welfare), Violence, Border, Budgets/Taxes/Economics, Business, Civil Rights, Driving, Economics, Education (College Aid), Employment, Environment, Families, Free Speech, Gun Policy, Human Rights, Immigration, Militarization, Money Laundering, Pregnancy, Privacy (Search and Seizure, Drug Testing), Race, Religion, Science, Sports, Women's IssuesMarijuana PolicyGateway Theory, Hemp, Marijuana -- Personal Use, Marijuana Industry, Medical MarijuanaMedicineMedical Marijuana, Science of Drugs, Under-treatment of PainPublic HealthAddiction, Addiction Treatment (Science of Drugs), Drug Education, Drug Prevention, Drug-Related AIDS/HIV or Hepatitis C, Harm Reduction (Methadone & Other Opiate Maintenance, Needle Exchange, Overdose Prevention, Safe Injection Sites)Source and Transit CountriesAndean Drug War, Coca, Hashish, Mexican Drug War, Opium ProductionSpecific DrugsAlcohol, Ayahuasca, Cocaine (Crack Cocaine), Ecstasy, Heroin, Ibogaine, ketamine, Khat, Marijuana (Gateway Theory, Marijuana -- Personal Use, Medical Marijuana, Hashish), Methamphetamine, New Synthetic Drugs (Synthetic Cannabinoids, Synthetic Stimulants), Nicotine, Prescription Opiates (Fentanyl, Oxycontin), Psychedelics (LSD, Mescaline, Peyote, Salvia Divinorum)YouthGrade School, Post-Secondary School, Raves, Secondary School

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