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Corruption

Feature: Fired Up in Albuquerque -- The 2009 International Drug Policy Reform Conference

Jazzed by the sense that the tide is finally turning their way, more than a thousand people interested in changing drug policies flooded into Albuquerque, New Mexico, last weekend for the

As Long as the Drug War Continues, So Will the Corruption

Stories like this one about the endemic drug war corruption gripping Mexican law enforcement are a dime a dozen. But I don't get bored reading them, because there's always a new and compelling example of what a mess all of this is:

Reporting from San Luis Potosi, Mexico -  The lie-detector team brought in by Mexico's top cop was supposed to help clean up the country's long-troubled police. There was just one problem: Most of its members themselves didn't pass, and a supervisor was rigging results to make sure others did. [LA Times]

Yeah, it's awfully hard to purge corruption when the people in charge of investigating it are corrupt themselves. It's insane to spend a billion dollars trying to fix Mexican law enforcement, when the cartels can just spend more to make sure it stays broken.

Asset Forfeiture: Texas DA Seeks to Use Seized Funds to Defend Herself in Lawsuit Over Unlawful Seizure of Same Funds; ACLU Objects

The Texas district attorney accused of participating in an egregious asset forfeiture scheme in the East Texas town of Tenaha now wants to use the very cash seized to pay for her legal defense in a federal civil rights lawsuit filed by victims of the practice. The ACLU of Texas, which, along with the national ACLU, is representing the plaintiffs in the case, filed a brief last Friday with the Texas Attorney General's office seeking to block her from doing so.

Lynda Russell is the district attorney in Shelby County, where Tenaha is located. She is accused of participating in a scheme where Tenaha police pulled over mostly African-American motorists without cause, asked them if they were carrying cash, and if they were, threaten them with being immediately jailed for money laundering or other serious crimes unless they signed over their money to authorities.

Representing a number of victims, attorneys from the ACLU of Texas and the ACLU Racial Justice Project filed a civil lawsuit in federal court in June 2008. According to the suit, more than 140 people, almost all of whom were African-American, turned over their assets to police without cause and under duress between June 2006 and June 2008. If a federal judge agrees that assets were in fact illegally seized, they should be returned to their rightful owners, whose civil rights were violated.

In one case, a mixed race couple, Jennifer Boatwright and Ronald Henderson, were stopped by a Tenaha police officer in April 2007. According to the lawsuit, they were stopped without cause, detained for some time without cause, and asked if they were carrying any cash. When they admitted they had slightly more than $6,000, a district attorney's investigator then seized it, threatening them with arrest for money laundering and the loss of their children if they refused to sign off. There was never any evidence they had committed a crime, and they were never charged with a crime.

The town mayor, the DA, the DA's investigator, the town marshal, and a town constable are all named in the lawsuit. While they claim to have acted legally under Texas asset forfeiture law, the lawsuit argues that "although they were taken under color of state law, their actions constitute abuse of authority." The suit argues that the racially discriminatory pattern of stops and searches violated both the Fourth Amendment proscription of warrantless searches and the Fourteenth Amendment's due process clause.

While either the county or the state would normally be expected to pony up for the DA's legal expenses for a lawsuit filed as a result of her performance of her duties, neither has done so. That's why Russell—with a tin ear for irony—requested that she be allowed to use the allegedly illegally seized money stolen from motorists. She has asked the state attorney general's office for an opinion on whether using the funds for her defense violates the state's asset forfeiture law.

"It would be completely inappropriate for the district attorney to use assets which are the very subject of litigation charging her with participating in allegedly illegal activity to defend herself against these charges," said Lisa Graybill, legal director at the ACLU of Texas. "Texas has a long history of having its law enforcement officials unconstitutionally target racial minorities in the flawed and failed war on drugs and it is of paramount importance that those officials be held accountable."

"The government must account for the misconduct of officials who operate in its name," said Vanita Gupta, staff attorney with the ACLU Racial Justice Program, who represented African-American residents of Tulia, TX in high-profile litigation challenging their wrongful convictions on drug charges. "The state of Texas has seen egregious examples of racial profiling that result from poor oversight of criminal justice officials."

The ACLU of Texas is using the Tenaha case to push for asset forfeiture reform in the Lone Star State. One such bill stalled in the state legislature this year. "The misuse of asset forfeiture laws by local officials is exacerbated by inadequate oversight," said Matt Simpson, policy strategist for the group. "The legislature must squarely address these reported civil rights violations via reform of forfeiture laws that strengthen protection against unconstitutional conduct and racial profiling."

Latin America: Mexico Drug War Update

by Bernd Debusmann, Jr.

Mexican drug trafficking organizations make billions each year trafficking illegal drugs into the United States, profiting enormously from the prohibitionist drug policies of the US government. Since Mexican president Felipe Calderon took office in December 2006 and called the armed forces into the fight against the so-called cartels, prohibition-related violence has killed over 12,000 people, with a death toll of over 4,000 so far in 2009. The increasing militarization of the drug war and the arrest of several high-profile drug traffickers have failed to stem the flow of drugs -- or the violence -- whatsoever. The Merida initiative, which provides $1.4 billion over three years for the US to assist the Mexican government with training, equipment and intelligence, has so far failed to make a difference. Here are a few of the latest developments in Mexico's drug war:

Friday , September 4

- Troops arrested three suspected cartel assassins in Ciudad Juarez. The three are thought to be part of La Linea, the enforcement arm of the Juarez cartel. Between them, they are accused of having participated in 70 killings.

- A high ranking police official was gunned down in Los Mochis, Sinaloa. The commander, Ubaldo Dominguez Grijalva, was shot by at least two gunmen outside his house at 6:30 AM. Fifteen days ago, he was involved in an operation in which three suspected cartel hitmen were arrested after a firefight in Los Mochis.

Saturday , September 5

- Mexican troops captured a suspect in the September 2 killing of 17 patients in Ciudad Juarez drug rehabilitation center. The suspect, Jose Rodolfo Escajeda, is a high-ranking member of the Juarez cartel. He is also on the DEA's list of most wanted fugitives on suspicion of being involved in marijuana and cocaine trafficking to the United States.

- A former high ranking official of US Immigrations and Customs Enforcement (ICE) was arrested on suspicion of conspiracy to smuggle cocaine into the US. The man, Richard P. Kramer, had previously been stationed in Mexico. He was apparently convinced by drug cartel members to retire and begin working for them directly. Kramer is accused of searching for information from law enforcement databases concerning possible informants, and with being involved in a 660 pound cocaine shipment which traveled from Panama to the United States, before being finally seized in Spain in 2007.

Sunday , September 6

- Gunmen killed a state legislative candidate, his wife, and their two children at their home in Tabasco. Authorities originally suspected that the murders were carried out by drug traffickers angered by recent arrests. Jose Francisco Fuentes Esperon, 43, a former university professor, had begun his campaign just one day prior to his murder. Mr.Esperon and his wife were both shot, while the children, ages 8 and 10, were asphyxiated.

Monday, September 7

- An arrest was made in the killing of Juan Francisco Fuentes Esperon, the state legislative candidate murdered over the weekend (see above). Police arrested several young men in what apparently was a burglary gone wrong. Interestingly, however, the Zetas drug trafficking organization took the unusual step of publicly distancing itself from the murders. The Zetas hung a banner in Villahermosa, the state capital, saying they were not involved.

- Seven people were gunned down in several separate incidents in Ciudad Juarez. Four of the victims were killed at a motel, and included an ex-US soldier who lived in El Paso and worked for the Postal Service. The men were drinking when they were attacked by heavily armed gunmen. In another incident, a man was killed and five people wounded when gunmen entered a private party and began shooting.

Tuesday, September 8

- Mexico replaced its attorney general, Eduardo Medina Mora, who had held the position for nine years. President Calderon gave no reason for the move. He is slated to be replaced by Arturo Chavez Chavez, who had previously worked for the state attorney general's office of Chihuahua, of which Ciudad Juarez is capital. He is likely to face a tough nomination battle in Mexico's congress, as the decision has been criticized because of his work in Chihuahua. During his tenure there from 1992-1996, the Juarez cartel became much stronger and the murders of hundreds of women went unsolved.

- In Veracruz, police found a headless body along with a message from drug traffickers attached to it. The body was left in the same location where two bodies (and another message from drug traffickers) were found on August 26. The note left with the body threatened extortionists and kidnappers, and may be the work of vigilante groups supported by drug traffickers or elements of the police.

- In Ciudad Juarez, a body with both arms severed was found dumped on a street. A spokesman for the regional prosecutor's office said that the victim was found with his severed arms crossed and placed on top of a cardboard sign that was left with the body. Additionally, the victim had plastic bags shoved into his mouth and his eyes were taped shut.

On another subject, two journalists from the state of Tabasco were arrested on suspicion of working for the Zetas drug trafficking organization. Newspaper correspondents Roberto Juarez and Lazaro Abreu Tejero Sanchez are accused of taking thousands of dollars from drug traffickers to withhold stories and share information from police sources. Police learned of the payments, which totaled some $4,500 a month, from a captured Zeta lieutenant.

Total reported body count for the week: 239

Total reported body count for the year: 4,955

Read last week's Mexico drug war update here.

Law Enforcement: This Week's Corrupt Cops Stories

Man, the Chronicle takes a week off and look what happens: We've got more corrupt cops, sheriffs, ICE agents, and prison guards than you can shake a stick at.

Resignation of Mexico's Attorney General Won't Change Much

I have an invited comment online at JURIST, explaining why the resignation of Mexican Attorney General Eduardo Medina Mora won't change much. (Hint: It's Prohibition.)

JURIST, which is published at the University of Pittsburgh School of Law, is "the world's only law school-based comprehensive legal news and research service," according to its FAQ. It's also free, archives included. I've already added it to my Google Reader.

Feature: Hit List -- US Targets 50 Taliban-Linked Drug Traffickers to Capture or Kill

A congressional study released Tuesday reveals that US military forces occupying Afghanistan have placed 50 drug traffickers on a "capture or kill" list.

The Drug Cartels Have Their Own (Stolen) Oil Company

I thought I'd heard it all, but the latest news from Mexico is so ridiculously over-the-top, I was genuinely shocked:

MEXICO CITY – U.S. refineries bought millions of dollars worth of oil stolen from Mexican government pipelines and smuggled across the border, the U.S. Justice Department told The Associated Press — illegal operations now led by Mexican drug cartels expanding their reach.

Criminals — mostly drug gangs — tap remote pipelines, sometimes building pipelines of their own, to siphon off hundreds of millions of dollars worth of oil each year, the Mexican oil monopoly said. At least one U.S. oil executive has pleaded guilty to conspiracy in such a deal. [AP]

What the hell is going on here!? It's been clear for a while now that these people should never be underestimated, but this seriously sounds more like the plot of a James Bond movie than something that could be pulled off in real life. Once again, the situation in Mexico has managed to reach new heights of out-of-control absurdity and it seems to be doing so with increased frequency as of late.

Does anyone honestly believe that pouring more money and lives down the drug war drain is the solution to this?

The Constitution, America's Conscience!

The SPIRIT of 1776 was the HOLY SPIRIT and is our TRUE NORTH! The American dream is, "for the power of love to overcome the love of power." We will overcome!

Afghanistan: The DEA Is on the Way

The Obama administration has shifted gears in Afghanistan, rejecting the Bush administration's emphasis on opium poppy eradication in favor of attacking Taliban-linked drug trafficking networks as

Asset Forfeiture: Highway Robbery in Texas

Police in small town Tenaha, Texas, near the Louisiana line, have found a way of turning law enforcement into a lucrative racket.

Law Enforcement: This Week's Corrupt Cops Stories

It's jail and prison guards gone wild this week, and a veteran California cop whose pill problem got the best of him. Let's get to it:

Law Enforcement: Belated Justice for Kathryn Johnston as Judge Sentences Atlanta Narcs Who Killed Her to Prison

A federal judge in Atlanta Tuesday sent three former Atlanta narcotics officers to prison for their roles in a misbegotten drug raid that ended in the death of a 92-year-old woman and shone a distu

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