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Trump Goes Full Nixon on Law-and-Order, Vows 'Ruthless' War on Drugs and Crime [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

In a sharp break with the Obama administration, which distanced itself from harsh anti-drug rhetoric and emphasized treatment for drug users over punishment, President Trump last week reverted to tough drug war oratory and backed it up with a series of executive orders he said were "designed to restore safety in America."

"We're going to stop the drugs from pouring in," Trump told law enforcement professionals of the Major Cities Chiefs Association last Wednesday. "We're going to stop those drugs from poisoning our youth, from poisoning our people. We're going to be ruthless in that fight. We have no choice. And we're going to take that fight to the drug cartels and work to liberate our communities from their terrible grip of violence."

Trump also lambasted the Obama administration for one of its signature achievements in criminal justice reform, opening the prison doors for more than 1,700 drug war prisoners who had already served sentences longer than they would have under current, revised sentencing guidelines. Obama freed "record numbers of drug traffickers, many of them kingpins," Trump complained.

And in a sign of a return to the dark days of drug war over-sentencing, he called for harsher mandatory minimum prison sentences for "the most serious" drug offenders, as well as aggressive prosecutions of drug traffickers and cracking down on "shipping loopholes" he claimed allowed drugs to be sent to the US from other countries.

In a New Hampshire campaign speech during the campaign, Trump called for more treatment for drug users and more access to overdose reversal drugs, but there was no sign of that side of the drug policy equation in Wednesday's speech.

Last Thursday, Trump backed up his tough talk with action as, at the Oval Office swearing in of Attorney General Jeff Session, he rolled out three executive orders he said were "designed to restore safety in America," but which appear to signal an increasingly authoritarian response to crime, drugs, and discontent with policing practices.

The first, which Trump said would "reduce crime and restore public safety," orders Sessions to create a new Task Force on Crime Reduction and Public Policy, which will come up with "strategies to reduce crime, including, in particular, illegal immigration, drug trafficking and violent crime," propose legislation to implement them, and submit a report to the president within a year.

The second, regarding "transnational criminal organizations and preventing drug trafficking," directs various federal law enforcement agencies to "increase intelligence sharing" and orders an already existing interagency working group to submit a report to Trump within four months describing progress made in combating the cartels, "along with any recommended actions for dismantling them."

"I'm directing Department of Justice and the Department of Homeland Security to undertake all necessary and lawful action to break the back of the criminal cartels that have spread across our nation and are destroying the blood of our youth and other people," Trump said Thursday.

The third directs the Justice Department to use federal law to prosecute people who commit crimes against police officers, even though they already face universally severe penalties under existing state laws.

Trump was breathing law-and-order brimstone last week. (Gage Skidmore/Creative Commons)
"It's a shame what's been happening to our great, truly great law enforcement officers," Trump said at the signing ceremony. "That's going to stop as of today."

The tough talk and the executive orders provoked immediate alarm and pushback from human and civil rights advocates, drug reformers, the Mexican government, and even the law enforcement community. The apparent turn back toward a more law-and-order approach to drugs also runs against the tide of public health and public policy opinion that the war on drugs has been a failure.

In a report released last Friday, dozens of senior law enforcement officials warned Trump against a tough crackdown on crime and urged him to instead continue the Obama administration's efforts to reform the criminal justice system.

The report was coauthored for Law Enforcement Leaders to Reduce Crime and Incarceration by former Dallas Police Chief David Brown, who won wide praise for his response after a gun man killed five of his officers last year.

"Decades of experience have convinced us of a sobering reality: Today's crime policies, which too often rely only on jail and prison, are simply ineffective in preserving public safety," the report said.

The president's crime plan would encourage police to focus on general lawbreaking rather than violent crime, the report said. The Justice Department already spends more than $5 billion a year to support local police, much of it spent on "antiquated law enforcement tools, such as dragnet enforcement of lower-level offenses" and Trump's plan would "repeat this mistake," the officials wrote. "We cannot fund all crime fighting tactics."

Drug reformers also sounded the alarm.

"This rhetoric is dangerous, disturbing, and dishonest," said Bill Piper, senior director for national affairs for the Drug Policy Alliance. "We have had a war on drugs. It has failed. Tough talk may look good before the cameras, but history has taught us that cracking down on drugs and building walls will not stop the supply or use of drugs. It mostly causes the death and destruction of innocent lives. Trump must tone down his outrageous rhetoric and threats, and instead reach out to leadership from both parties to enact a humane and sensible health-based approach to drug policies that both reduce overdose and our country's mass incarceration crisis."

Indeed, most public health experts argue that the prohibitionist approach to drugs has been a failure. They point to research such as a 2013 study in the British Medical Journal that found that despite billions spent on drug prohibition since 1990, drug prices have only decreased and purity increased, making getting high easier and more affordable than ever before.

"These findings suggest that expanding efforts at controlling the global illegal drug market through law enforcement are failing," the authors conclude.

Public health analysts also point to research showing that between 1991 and 2001, even when the drug war was in full effect, the rate of illicit drug use among teens rose sharply, while their cigarette smoking rate fell off a bit and their alcohol use dropped sharply. The substances that are legal for adult use were less likely to see increases than ones that are prohibited, the analysts point out.

Mexican Foreign Affairs Secretary Luis Videgaray also chimed in to note that there wouldn't be any Mexican drug cartels without American demand for drugs and to remind Washington that it's not just what's being exported from Mexico that is a problem, but what's being imported, too.

"For years, from the Mexican perspective, people say, 'OK, the problem with drugs -- that it's creating so much violence, so many deaths of young people in Mexico -- is because there's demand for drugs in the US,''" Videgaray said. "We happen to be neighbors to the largest market for drugs. From the American perspective, it's just the other way around," he said, adding that both countries need to get past "the blame game."

And if the US is serious about helping Mexico disrupt the cartels "business model," it needs to stop the southbound traffic in cash and guns.

"We need to stop illegal weapons flowing from the U.S. into Mexico," Videgaray said. "We always think about illegal stuff moving through the border south to north, but people forget that most guns -- and we're not talking small guns, we're talking heavy weapons -- they get to the cartels and create literally small armies out of the cartels."

Will progress on reducing mass incarceration come to a halt? (nadcp.org)
Human Rights Watch reacted to a comment from Attorney General Sessions at his swearing in ceremony that crime is a "dangerous permanent trend that places the lives of American people at risk," by noting that crime is down dramatically by all measures over the past 20 years despite a slight increase in violent crimes between 2014 and 2015. "There is no 'dangerous permanent trend' in violent or non-violent crime," it pointed out.

And Amnesty International swiftly reacted to the executive order calling for new federal penalties for crimes against police.

"Law enforcement officers face unique hardships and challenges due to the nature of their work," said Amnesty's Noor Mir. "Authorities are already able to vigorously prosecute crimes against law enforcement officers, and there is no history to suggest that officers are not fully protected by current laws. This order will not protect anyone, and instead it creates additional penalties that could cause people to be significantly over-prosecuted for offenses including resisting arrest.

There is a better way, said Mir, but that would require going in a radically different direction than where the Trump administration is headed.

"This order does nothing to address real and serious problems in the US criminal justice system," he said. "Relationships between law enforcement officers and the communities they serve could instead be improved by investing in reform of the criminal justice system and better training for officers. Police already have laws protecting them, but there is no federal standard for the prosecution of officers who unlawfully kill civilians. Implementing a standard for lethal force in line with international standards will protect both police and civilians."

The Trump administration has outlined an approach to drugs and criminal justice policy with dark Nixonian and Reaganite underpinnings, promising more, more, more heavy-handed policing, more swelling prison populations, and more -- not less -- distrust and suspicion between police and the communities they are supposed to serve and protect.

And, in typical Trump fashion, his brash, draconian approach to the complex social problems around crime and drugs is creating a rapid backlash. Whether the rising opposition to Trump can rein in his authoritarian impulses and regressive policy approaches to the issue remains to be seen, but a battle to stop the slide backward is brewing.

Chronicle AM: Trump Rolls Out Crime & Drug War, Brazil Top Judge Says Legalize, More... (2/10/17)

Donald Trump takes a hard line on crime and drugs, a new Michigan poll has support for marijuana legalization at an all time high, a Brazilian Supreme Court justice calls for an end to the drug war there, and more.

Donald Trump takes a hard line on crime and drugs. (Gage Skidmore/Creative Commons)
Marijuana Policy

Michigan Poll Has Support for Legalization at Highest Level Ever. A new poll from EPIC/MRA has support for marijuana legalization in the state at 57%. That's a four percent increase from the same poll last year. The poll comes as activists organized as MILegalize prepare efforts to get a legalization initiative on the 2018 ballot. They came up just short last year after the state legislature and state courts blocked their efforts to get all their signatures counted.

New Jersey Lawmakers Vow to Press Forward With Legalization Effort Despite Trump. Garden State lawmakers say the appointment of marijuana legalization foe Jeff Sessions as President Trump's attorney general will not stop them from pressing forward with their efforts. State Sen. Nick Scutari (D) said he is "concerned," but not deterred. "It doesn't give me pause. It's a concern but we are not going to pause," Scutari said Thursday. "Hopefully he will follow what President Trump said as a candidate -- that it's a states' rights issue."

Vermont's GOP Governor Opposes Legalization Bill. Gov. Phil Scott's (R) administration came out firmly against legalization Thursday. "We oppose this bill," State Police Major Glenn Hall told the House Judiciary Committee. "We speak with one voice," added Public Safety Commissioner Tom Anderson. "That's what the governor stands for also."

Medical Marijuana

Arkansas Bills to "Fix" Medical Marijuana Law Moving. Six medical marijuana-related bills moved out of committees to face floor votes in their respective chambers Wednesday. The House Rules Committee advanced five bills, while the Senate Education Committee advanced one bill. More bills are still in committee. Many of the bills deal with technical "fixes," but some of them would alter the way the program is intended to work. Click on the link for a complete rundown on the bills.

Drug Policy

Trump Signs Executive Orders Aimed at Drugs, Crime. The president signed three executive orders he said were "designed to restore safety in America." One that aims to "reduce crime and restore public safety" directs Attorney General Sessions to create a Task Force on Crime Reduction and Public Safety, which is charged with developing "strategies to reduce crime, including, in particular, illegal immigration, drug trafficking and violent crime" proposing new legislation, and submiting at least one report to the President within the next year. The second is aimed at combatting international drug trafficking organizations, while the third directs the Justice Department to use existing federal law to prosecute those who commit crimes against police officers.

International

Brazil Supreme Court Judge Calls for Marijuana, Cocaine Legalization. Supreme Court Justice Robero Barroso called Friday for marijuana and even cocaine to be legalized to erode the growing power of illegal drug trafficking organizations. Fifty years of drug war had only clogged jails with small-time offenders and fueled violent gang battles. "Unlike the United States and Europe where the problem lies in the impact drugs have on consumers, in Brazil the problem lies in the power drug traffickers have over poor communities," Barroso said. "I can assure you it is only a matter of time. Either we legalize marijuana now or we do it in the future after we have spent billions and incarcerated thousands."

This Week's Corrupt Cops Stories

This article has been updated with additional cases, due to a change in our publishing schedule. Material appearing in the original version of this article is unchanged.

Jail and prison guards are dropping like flies, a Border Patrol agent heads for prison for helping a cartel, a Louisiana cop develops a case of sticky fingers, and more. Let's get to it:

In Beekman, New York, a state prison guard was arrested January 23 when he arrived at work with more than a pound of pot. Green Haven Correctional Facility guard Orianna Lord, 37, went down after an investigation by State Police and special investigators for the Department of Corrections. Lord turned around when she arrived at work to find supervisors conducting employee searches, but was detained in the parking lot, where she was found with the weed. She is charged with Criminal Possession of Marijuana in the 2nd Degree, a Class D Felony, Promoting Prison Contraband in the 1st Degree (attempted), a Class D Felony, and Promoting Prison Contraband in the 2nd Degree, a Class A Misdemeanor.

In Huntington, West Virginia, a state prison guard was arrested January 23 after being seen on surveillance video briefly entering an inmate's cell before her shift began. Guard Brittany Branham, 28, went down after, upon further investigation, supervisors found contraband including a crack pipe in the inmate's possession. She was arrested on unspecified charges.

In New York City, a New York jail guard was arrested January 26 for twice selling cocaine to an undercover narc while at the correctional academy. Guard Rushauney Stephenson, 24, made the two sales a half hour apart, and was then taken into custody. He is charged withtwo counts of criminal sale of a controlled substance in the third degree and two counts of criminal possession of a controlled substance, police said. He was being held on $50,000 bond.

In Wisner, Louisiana, a Wisner police officer was arrested last Tuesday on charges he pocketed cash evidence from a drug bust. Eddie Bowens, Jr., 35, went down after Wisner Police did an internal investigation and discovering missing cash. He faces a single count of malfeasance in office.

In Moberly, Missouri, a Moberly police officer was arrested last Wednesday for allegedly stealing money during a drug raid. Officer Mark Mueller, 51, went down after local prosecutors noticed a discrepancy in the evidence inventory for the raid and asked the Highway Patrol to investigate. Mueller reportedly did not include some high denomination bills in the inventory. He faces charges of tampering with physical evidence and stealing less than $500. Oh, and Mueller is now a former Moberly police officer; he was fired upon arrest.

In Jackson, Mississippi, a Hinds County jail guard was arrested Monday for allegedly bringing drugs into the prison. Brodrick Cardale Taylor, 21, is accused of delivering marijuana, synthetic cannabinoids, Xanax, and ecstasy in a plan to deliver it to an inmate. It's not clear yet what the formal charges are. Taylor had only been on the job for two months.

In Somerville, Massaschusetts, a Sussex County sheriff's officer pleaded guilty January 25 to engaging in a sexual relationship with a woman undergoing drug court probation and tipping her off to surprise weekend drug tests. Officer William Lunger, 35, had been charged with four counts of official misconduct, one count of theft, and one count of conspiring to defraud a drug test, but copped to third-degree conspiracy to commit official misconduct. Lunger is now headed to prison for three years.

In Buffalo, New York, a former Erie County sheriff's deputy pleaded guilty last Monday to smuggling drugs into the Erie County Holding Center. Adam Fiegl copped to criminal possession of a controlled substance, and was sentenced to conditional discharge and community service.

In Brownsville, Texas, a former Border Patrol agent was convicted last Wednesday of helping Mexican drug cartels, but found innocent of chopping a man's head off. Joel Luna used his official position to help a cartel move illegal guns and ammunition south of the border and illegal drugs north. He was found guilty of two counts of engaging in organized criminal activity. His brother Eduardo was sentenced to life in prison after being found guilty of the murder.

In Cleveland, Ohio, a former Linndale police officer was sentenced last Monday to more than three years in federal prison for helping to sell large amounts of club drugs in the Cleveland area. Jonida Alicka, 29, conspired with her sister and others to bring MDMA and high quality marijuana from Canada to Cleveland and lived a lavish lifestyle with her illicit earnings. She had copped in August to possession with intent to distribute and conspiracy to distribute a controlled substance.

In Oakland, California, a former TSA agent was sentenced last Friday to nearly two years in prison for helping smuggle 24 pounds of marijuana through airport security. Kiana Scott Clark, 29, admitted working with co-conspirators to allow them to smuggle drugs in their carry-on baggage on at least two occasions. She had earlier pleaded guilty to one count of conspiring to defraud the United States and one count of conspiring to distribute a controlled substance. She will begin serving her sentence in April.

Gorsuch on Grass: Where Does Trump's Supreme Court Pick Come Down on Marijuana? [FEATURE]

This article was produced in collaboration with AlterNet and first appeared here.

Where does Donald Trump's pick for the Supreme Court come down on weed? The record is pretty sparse.

Neil Gorsuch hasn't made any known public pronouncements about marijuana policy, and despite his tenure on the 10th US Circuit Court of Appeals in Denver, he hasn't ruled in any cases that directly take up the issue.

But he has ruled on some marijuana cases, and he didn't go out of his way to support freeing the weed in them. And there's at least one marijuana-related case he's ruled on that demonstrates a disquieting deference to law enforcement.

In Feinberg et al. v. IRS, Gorsuch ruled against a Colorado dispensary that sought not to report data about its operation to the IRS because marijuana remains illegal under federal law and it feared incriminating itself. But in passing, he offered some commentary on the legal weirdness of state-legal but federally illegal marijuana commerce.

"This case owes its genesis to the mixed messages the federal government is sending these days about the distribution of marijuana. Officials at the Department of Justice have now twice instructed field prosecutors that they should generally decline to enforce Congress's statutory command when states like Colorado license operations like THC. At the same time and just across 10th Street in Washington, D.C., officials at the IRS refuse to recognize business expense deductions claimed by companies like THC on the ground that their conduct violates federal criminal drug laws. So it is that today prosecutors will almost always overlook federal marijuana distribution crimes in Colorado but the tax man never will."

And he marveled at the federal government's contortions as it sought to accommodate commerce in a substance it considers illegal.

"Yes, the Fifth Amendment normally shields individuals from having to admit to criminal activity. But, the IRS argued, because DOJ's memoranda generally instruct federal prosecutors not to prosecute cases like this one the petitioners should be forced to divulge the requested information anyway. So it is the government simultaneously urged the court to take seriously its claim that the petitioners are violating federal criminal law and to discount the possibility that it would enforce federal criminal law."

Gorsuch also pointedly noted the provisional nature of the Obama administration's decision to work with -- instead of against -- the states experimenting with marijuana legalization.

"It's not clear whether informal agency memoranda guiding the exercise of prosecutorial discretion by field prosecutors may lawfully go quite so far in displacing Congress's policy directives as these memoranda seek to do. There's always the possibility, too, that the next... Deputy Attorney General could displace these memoranda at anytime."

This is, of course, something of which the marijuana industry and legalization advocates are painfully aware and explains much of the movement's agonizing over the nomination of pot foe Sen. Jeff Sessions (R-AL). A single signature on a new policy memorandum at the Justice Department could throw the industry into chaos.

As Tom Angell notes at the MassRoots blog, Gorsuch ruled in a 2010 case, US v. Daniel and Mary Quaintance, that a couple charged with federal marijuana distribution offenses couldn't use the Religious Freedom Restoration Act as a defense because their claims weren't sincere.

"Numerous pieces of evidence in this case strongly suggest that the [couple's] marijuana dealings were motivated by commercial or secular motives rather than sincere religious conviction... "The record contains additional, overwhelming contrary evidence that the [couple was] running a commercial marijuana business with a religious front."

In other words, if you're trying to run a real marijuana ministry, don't be selling weed.

But it's a 2013 case, Family of Ryan Wilson v. City of Lafeyette and Taser International , that raises disturbing implications that go beyond marijuana policy into the broader realm of police use of force. In that case, Gorsuch held that a police officer's fatal tazing of Wilson, who was fleeing a marijuana arrest, was "reasonable."

"[T]he illegal processing and manufacturing of marijuana may not be inherently violent crimes but, outside the medical marijuana context, they were felonies under Colorado law at the time of the incident... And Officer Harris testified, without rebuttal, that he had been trained that people who grow marijuana illegally tend to be armed and ready to use force to protect themselves and their unlawful investments."

As Angell noted, that ruling in particular had the National Urban League tweeting its concern and calling for close scrutiny of Gorsuch's record within hours of Trump's announcement of his selection.

Overall, Gorsuch hasn't provided a whole lot of hints about how he might rule on cases revolving around the conflict between state and federal marijuana, although he has shown he's aware of it. Any members of the Senate Judiciary Committee representing states where medical or recreational marijuana commerce is legal might want to be asking for some clarification when his confirmation hearings come around.

This Week's Corrupt Cops Stories

Maybe we should call this "This Week's Corrupt Prison Guards," since we have a trio of those bad boys, and an extremely sticky-fingered Louisiana sheriff's deputy. Let's get to it:

In Crowley, Louisiana, a former deputy's theft of funds was upgraded in an audit Monday. Maxine Trahan had been charged last April with stealing in excess of $25,000 in cash seized in drug busts, but a new audit from the state's Legislative Auditor says she actually stole $194,500. Trahan, who was the sheriff's office's spokesperson, began the pilferage in 2003, but it wasn't detected until last year. Theft and related charges are pending.

In Concord, New Hampshire, a federal prison guard was indicted January 11 for allegedly taking bribes to smuggle drugs and cell phones into the federal prison in Berlin. Latoya Sebree is accused of receiving payments in return for bringing contraband including prescription drugs, synthetic cannabinoids, and suboxone to prisoners. She is charged with bribery of a public official and providing contraband to an inmate in a federal prison.

In Montgomery, Alabama, a state prison guard was arrested Sunday after being caught carrying drugs as he came to work. Antwan Dandre Giles, 27, got nailed carrying over an ounce of meth, marijuana, synthetic cannabinoids, oxycodone, hydrocodone, and buprenorphine, and Xanax. He is charged with possession of marijuana, trafficking in illegal drugs, and five counts of unlawful possession of a controlled substance.

In Columbus, Georgia, a former Stewart County prison guard was sentenced last Thursday to six months in prison for smuggling marijuana to inmates at the county jail. James Royal, 43, smuggled the pot into the jail and then had prisoners' families pay him via Western Union money transfers. It's not clear what the precise charge was.

Chronicle AM: More State Forfeiture Bills, Colombia Drug Farmers Organizing, More... (1/24/17)

Colorado high court rules cops don't have to give your legal weed back if they seize if, changes in the Arkansas medical marijuana law go to the governor, there's more asset forfeiture activity in the states, Colombia's drug crop growers organize, and more.

Asset forfeiture abuses are leading to corrective efforts in more and more states. (Creative Commons/Wikimedia)
Marijuana Policy

Colorado Supreme Court Says Cops Don't Have to Give Seized Marijuana Back. The state Supreme Court ruled Monday that police cannot be forced to return marijuana to a defendant acquitted of pot crimes, because that would cause them to violate the federal Controlled Substances Act. "The return provision requires law enforcement officers to return, or distribute, marijuana," the decision says. "Thus compliance with the return provision necessarily requires law enforcement officer to violate federal law." Three justices disagreed, however, saying that the CSA "immunizes federal and state officers from civil and criminal liability in the circumstances at issue here." But they lost.

Virginia Bill to End Drivers' License Suspension for Possession Advances. A bill that would undo an existing state law requiring the suspension of drivers' licenses for people convicted of pot possession was approved by the Senate Courts of Justice Committee Monday. The measure, Senate Bill 1091 still need approval from the full chamber.

Texas Judge Recommends No Punishment for Teacher Who Smoked Pot in Colorado. A teacher who admitted legally consuming marijuana while in Texas should not face any legal or professional penalty, an administrative judge has ruled. The Texas Education Agency sought to suspend the teacher's license for two years after she handed in a urine sample that tested positive for marijuana. The judge found that the teacher was not "unworthy to instruct" and that there was no evidence to suggest she was under the influence of marijuana while teaching. The TEA will have to make a final decision.

Medical Marijuana

Arkansas Legislature Approves Changes to Medical Marijuana Law. With the state Senate's approval Monday, House Bill 1058 now goes to the governor. It passed the House last week. The bill removes a requirement that doctors declare the benefits of medical marijuana outweigh the risk to the patient. It also specifies that patient information submitted to qualify for medical marijuana is "confidential," but would not be considered "medical records" subject to the Health Information Privacy Protection Act.

Illinois State Treasurer Asks Trump for Clarity on Banking for Medical Marijuana Industry. State Treasurer Michael Frerichs said Monday he sent a letter to President Trump urging him to give clear guidance to the banking industry on marijuana. Frerichs said currently federal law makes it difficult for legal businesses to get loans and restricts customers to cash-only transactions.

North Dakota House Approves Bill Preventing Worker's Comp from Paying for Medical Marijuana. The House overwhelmingly approved House Bill 1156 Monday. Passed in response to voters' approval of a medical marijuana initiative in November, the bill prevents the state Workforce Safety and Insurance agency from paying for medical marijuana to treat a workplace injury. Legislators said marijuana remains illegal under federal law.

Kratom

Florida Kratom Ban Effort Gets Senate Companion Bill. Rep. Kristin Jacobs' (D) lonely crusade to ban kratom is not quite as lonely today. Democratic state Sen. Darryl Rouson has filed Senate Bill 424, which, like Jacobs' House bill, would add the active ingredients in kratom to the state's list of controlled substances.

Asset Forfeiture

Alaska Civil Asset Forfeiture Reform Bill Filed. State Rep. Tammie Wilson (R-North Pole) has filed House Bill 42, which would end civil asset forfeiture by requiring law enforcement obtain a criminal conviction before property is seized. "This has to do with the belongings that are taken," Wilson said. "They still can seized. But now there will be a process for those who were not involved to be able to get their items back without a lengthy proceeding and have to get an attorney to be able to do that."

Oklahoma Asset Forfeiture Bill Coming Back. State Sen. Kyle Loveless (R-Oklahoma City) will once again file asset forfeit legislation this year. The bill would require convictions before asset forfeiture unless the property is valued at more than $50,000, if the person denies any connection to the property, or is deported or otherwise unavailable. Similar efforts in past years have been blocked by strong law enforcement lobbying efforts.

Wisconsin Asset Forfeiture Bill Filed. A bipartisan group of lawmakers is preparing an asset forfeiture reform bill that would require a criminal conviction before any seizure takes place, that any seizure be proportional to the offense, and that proceeds from forfeitures be directed to state general funds, and not law enforcement. The bill is not yet available on the legislative website.

Drug Testing

North Dakota Welfare Drug Testing Bill Filed. State Sen. Tom Campbell (R-Grafton) has filed Senate Bill 2279, which would require the state Department of Human Services to develop a procedure for testing welfare applicants suspected of illegal drug use. The bill would deny benefits for a year to applicants who refuse a drug assessment, refuse a drug test, or don't participate in a treatment program. Similar legislation has been introduced the last three sessions. The Department of Human Services does not support it.

International

Colombia Coca, Opium, and Marijuana Farmers to Form Association. The growers are planning to found the National Coordinator of Coca, Marijuana, and Opium Growers to try "to forge a common negotiating front with the government to influence any potential agreements on drug control that come as a result of peace talks with the Revolutionary Armed Forces of Colombia (FARC). The organization would have national reach and appears to be an effort to create a political coalition with the aim of directly negotiating with the government. Notably, such a coalition could form a future political support base for an eventual FARC political party. By linking the future of a FARC party to the issue of forceful eradication, which the group would almost assuredly oppose, the pace of eradication in Colombia could end up slowing even further," Stratfor reported.

This Week's Corrupt Cops Stories

It's been a quiet week on the corrupt cops front, but there's still a bit of nefariousness afoot. A Pennsylvania cop gets nailed for ripping off heroin for his own use, and more. Let's get to it:

In Donora, Pennsylvania, a part-time Donora police officer was arrested last Tuesday for stealing 133 bags of heroin that had been seized as evidence during a search. Officer James B. Johnson, 29, has allegedly confessed to taking the heroin from the evidence room, saying he intended it for his own personal use. He is charged with several drug offenses, theft, obstruction, tampering and misapplication of entrusted property.

In Baltimore, a Baltimore police officer was convicted last Thursday of tipping off suspected drug dealers. Officer Stacy Plater went down after FBI agents showed photos of suspects at a roll call, knowing that Plater knew one of them. Plater took the bait, asking if he could keep the photo, and then calling the drug dealer with a heads up. He was convicted on an official count of misconduct by a jury and faces a February sentencing date.

Stingray: Privacy, Surveillance, the War on Drugs, and Your Phone [FEATURE]

special to Drug War Chronicle by independent investigative journalist Clarence Walker, cwalkerinvestigate@gmail.com

Raymond Lambis is a free man -- at least for now.

He was looking at 10 years to life on federal drug charges, but the case was built on a controversial technology -- "Stingray" -- and in a precedent-setting 2016 decision widely celebrated by legal experts and privacy advocates, a federal judge ruled that use of the device without a search warrant violated the Fourth Amendment's proscription against unreasonable search and seizure.

The decision -- and the technology -- has implications that go far beyond the shadowy world of drug dealers and DEA agents. Stingray is a generic term for a cell-site simulator, a device that can mimic cell towers as a means of tracking down cell phones. Law enforcement can use Stingray to pick up phone calls, voicemail messages, and text messages, and to pinpoint the physical location of a targeted phone to within a few feet.

In the Lambis case, federal prosecutors argued that they didn't need a warrant to use the wide-ranging Stingray, but federal district court Judge William H. Pauley shot them down.

"Absent a search warrant," Judge Pauley held in his 14-page opinion, "the government may not turn a citizen's cell phone into a tracking device."

But that's exactly what DEA agents did to build their case against Lambis. They used Stingray to locate his cell phone inside his family residence, then conducted a warrantless search of his bedroom and uncovered a large amount of cocaine.

Federal prosecutors had a fallback argument -- that even if a warrant were necessary to track Lambis' phone, once his father gave agents at his door permission to enter and Lambis then "consented" to a search, the search should be allowed -- but Pauley wasn't having that, either.

"The procurement of a 'voluntary' consent to search based upon a prior illegal search taints that consent," he held.

US District Court Judge William H. Pauley
But if federal prosecutors have their way, the DEA and other federal agents will be able to do it again. In September, prosecutors from the US Attorneys Office for the Southern District of New York filed an appeal of Pauley's decision with the US 2nd Circuit Court of Appeals.

"We're obviously disappointed about that," Lambis' attorney Alan Seidler told Drug War Chronicle.

So is the Electronic Frontier Foundation. Rebecca Jeschke, a digital rights analyst for the group, told the Chronicle that if the government wins on appeal, everyone's privacy will be eroded.

"As we use cell phones more and more, a successful appeal will touch nearly every American," she said.

A successful appeal would be salt in the wounds of legal scholars and privacy advocates who hailed Pauley's forceful decision in Lambis as a major victory against warrantless surveillance by the government.

"This is the first federal ruling I know of where a judge squarely ruled that the Fourth Amendment required police to get a warrant to use a Stingray, and further, suppressed evidence derived from warrantless use of the technology," ACLU Attorney Nathan Wessler told the New York Times at the time. "After decades of secret and warrantless use of Stingray technology by law enforcement to track phones, a federal judge has finally held authorities to account."

According to an ACLU report, at least 60 state, local, and federal law enforcement agencies in 23 states have used Stingray to suck up citizens' cell phone data.

Stingray in the Lambis Case

According to court documents, the trail to Raymond Lambis' front door began with a DEA investigation into an alleged drug pipeline importing large amounts of cocaine from South America beginning in early 2015. DEA agents obtained a wiretap warrant to glean information about the numbers dialed from a specific cell phone.

After agents obtained the warrant, they monitored messages off a Blackberry between two suspected drug traffickers. During one particular conversation agents overheard a voice referring to someone named "Patilla," whose phone had a 646 area code.

Messages between Patilla and the other, unnamed party indicated that Patilla could supply hydrochloric acid, which is used by traffickers in the heroin-refining process. DEA agents then got a warrant to order the phone company to provide "approximate location," or "cell-site location information" (CSLI).

A frequent complaint of defense attorneys and privacy advocates has been that law enforcement, and DEA agents in particular, will mislead judges into thinking the warrant they sign off on is to get specific cell-site information from a carrier when what agents are really doing is using Stingray to locate a person's phone or actual address. As the Chronicle reported in 2013, "The Stingray technology not only raises Fourth Amendment concerns, it also raise questions about whether police withhold information from judges to monitorcitizens without probable cause.That's what happened in Lambis.

In the Lambis case, DEA Special Agent Kathryn Glover obtained a warrant seeking cell-site data and location information for that 646 phone, but did not tell the judge DEA would be using Stingray to conduct a search to pin down Lambis' exact location.

"So they went to the effort to get a warrant, but then didn't tell the judge they intended to use that same warrant to use a Stingray," ACLU technology specialist Christopher Soghoian told Ars Technica. "It is so important for federal courts to recognize that use of a Stingray is a search of a Fourth Amendment-protected place, and not only is a warrant required, but the court authorizing the surveillance must be told they are authorizing the use of a Stingray."

But the phone carrier's CSLI data, which Agent Glover said in her warrant application would be used to track down the 646 phone, only guided DEA agents to the "general area" of Broadway and 177th Street in Manhattan. To pinpoint the 'house or building where the phone most likely resided with its owner the DEA unleashed Stingray to first zero in on the exact building and then on the exact apartment.

A DEA technician using a hand-held Stingray walked through the building until he picked up the strongest signal -- coming from inside the Lambis apartment. Then, DEA agents knocked on the door, and Lambis' father allowed the gun-toting agents inside. When agents asked if anyone else lived there, the elderly man knocked on his son's door, and Lambis opened it up only to be confronted by the DEA.

Faced by the agents in his home, he then consented to a search of his bedroom, where agents discovered a kilo of cocaine, empty ziplock bags, a scale, and eight cell phones. He was charged with possession of cocaine with intent to distribute and other drug-related charges. It was Lambis' defense motion to throw out that evidence as a result of an unlawful search that led to Pauley's ruling.

The States Aren't Waiting for the Federal Courts

The courts aren't the only place Stingray is running into headwinds. Thanks to decisions like that in the Lambis case, some states have begun passing privacy legislation aiming at protecting citizens' cell phone data from warrantless searches by Stingray or similar cell-site simulators used by police. Among them are California, Illinois, Minnesota, Rhode Island, Virginia, and Washington.

"Citizens have the right to expect that they will not have their personal information investigated by police without a warrant," said Rep. Edith H Ajello (D-Providence) after passage of a 2016 Rhode Island bill that prohibits obtaining cell phone data by cell-site technology.

"Requiring a warrant won't make it difficult for police to do their job," concurred Sen. Donna Nesselbush (D-North Providence). "It's essentially updating search warrant law for the information age."

"As advances in technology enable police to more efficiently investigate and solve crimes, it's important that we help them to know they are following state laws and the Constitution," said Illinois Sen. Daniel Bliss (D-Evanston) upon passage of similar legislation there in 2016. That law, the Citizen Privacy Protection Act, went into effect January 1.

While the states aren't waiting for the federal courts to provide protections, the Lambis decision and related controversies over Stingray technology have created such a firestorm that the Justice Department and the Department of Homeland Security are now requiring agents to obtain a warrant before using Stingray in investigations. But that could change if the appeals court rules in the government's favor. Stay tuned.

Journalist Clarence Walker can be reached at cwalkerinvestigate@gmail.com.

This Week's Corrupt Cops Stories

This week, it should be "This Week's Corrupt Jail Guards," since that's all we've got. Let's get to it:

In Houma, Louisiana, a Lafourche Parish jail guard was arrested last Tuesday on drug trafficking charges. Guard LaShanta Williams, 36, went down after a two-month investigation into drugs being sent from California. Williams's brother was the actual target of the investigation, but after he was arrested, Williams allegedly returned to the home she shared with him and removed evidence. She is charged with obstruction of justice and transactions involving proceeds from drug offenses.

In Sevierville, Tennessee, a Sevier County jail guard was arrested last Thursday for smuggling drugs into the county jail. Corrections Officer Joshua Davis, 24, went down after authorities received a tip that he was plotting with an inmate and the inmate's mother to bring narcotics into the jail and searched him when he arrived at work and found drugs. He is charged with introducing contraband into a penal facility, criminal conspiracy, and possession of Schedule III drugs. The inmate and his mother were also arrested.

Chronicle AM: Guam Gov Files Legalization Bill, More Iran Drug Executions, More... (1/11/17)

Marijuana legalization bills get filed in Guam and the District of Columbia, the Global Drug Policy Commission asks Obama to commute more sentences, Chris Christie vows to fight drug addiction during his last year in office, and more.

Iran has already executed ten drug offenders this year, with another dozen set to face the gallows. (iranhr.org)
Marijuana Policy

Guam Governor Files Legalization Bill. Gov. Eddie Calvo Tuesday introduced a bill to legalize marijuana on the US island territory. "I am introducing this bill, not because I personally support the recreational use of marijuana, but as a solution to the regulatory labyrinth that sprouted from the voter-mandated medical marijuana program," Calvo said in a press release. The measure would legalize marijuana for people over 21 and impose a 15% tax on sales. Medical marijuana patients would be exempt from the tax.

DC Councilmember Files Bill for Legal Marijuana Commerce and Regulation. Councilmember David Grosso Tuesday filed a bill to establish a full tax and regulatory framework for legal marijuana commerce. If passed, the bill would put the District in conflict with Congress, which must approve city spending. But Grosso said that Congress had forced the District's hand with its meddling in city affairs.

Drug Policy

New Jersey Governor Vows to Heighten Fight Against Drug Addiction. In his final state of the state address, Gov. Chris Christie (R) said he will spend his last year as governor fighting drug addiction. "Our state faces a crisis which is more urgent to New Jersey's families than any other issue we could confront," Christie told the legislature in Trenton. "Beyond the human cost, which is incalculable, there is a real cost to every part of life in New Jersey." Christie is pushing for treatment instead of jail for nonviolent drug offenders, expanded drug courts, and expanded needle exchange programs, among other initiatives.

Law Enforcement

Federal Bill to Clear Way for more Surplus Military Gear for Police Filed. Rep. John Ratcliffe (R-TX) has filed House Resolution 426, which would bar the federal government from limiting the sale or donation of excess federal property to state and local agencies for law enforcement purposes. The bill is a response to the Obama administration's short-lived decision last year to block the transfer of military-style equipment to domestic police forces.

Sentencing

Global Drug Policy Commission Asks Obama to Free More Prisoners. In an open letter to the outgoing president, the commission, which includes a number of former heads of state, thanked Obama for his efforts to shift from a punitive approach to drugs, noted that he had freed more than a thousand drug war prisoners through his clemency program, and asked for more: "We hope that in these final days of your presidency, you will use the power of your office to commute even more prison sentences of low-level drug offenders, and restore dignity and hope to their lives," the commission wrote. "May your example inspire not only your successor, but also governors across the country."

International

Colombia Coca Cultivation Set to Increase. Colombia's post-conflict minister, Rafael Pardo, said Tuesday that coca cultivation will increase this year, the third year in a row that has seen increases in the country's coca crop. Pardo said part of the reason was the government's turn away from using aerial eradication, but that a bigger part was the government's devaluation of the peso, which dramatically increased profit margins for drug traffickers.

Iran Starts New Year With Spate of Drug Executions. The world's leading drug executioner is at again. In the first week of the new year, Iran executed 16 people, 10 of them for drug offenses. Iran executes hundreds of people each year, with drug offenders accounting for an increasing number of them. In 2015, the last year with full statistics, 66% of all executions in Iran were for drug offenses. Another 12 prisoners were set to be executed for drug offenses this week.

Drug War Issues

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