Inside DEA’s Approach to Fentanyl Distribution in New Mexico

The Associated Press reported that the U.S. Drug Enforcement Administration (DEA) allowed the distribution of hundreds of thousands of fentanyl pills in New Mexico. This action aimed to enhance federal prosecutions. Reporters Jim Mustian and Joshua Goodman examined hundreds of internal DEA records and interviewed current and former agents, including a whistleblower. The whistleblower alleged that the DEA’s actions compromised public safety and violated U.S. Justice Department rules concerning the seizure of fentanyl. The White House had declared fentanyl a “weapon of mass destruction” in the previous year.

Investigative Efforts

This report was an interview between Mustian and Del Quentin Wilber, who edited the story. AP journalist Joshua Goodman initially spotted the whistleblower complaint which accused the DEA of facilitating fentanyl entry into New Mexico. The complaint, although sent to the White House in September, had largely avoided media coverage. It was heavily redacted except for a negligible oversight – the whistleblower’s name ended with an ‘l’.

Mustian reached out to DEA agents bearing similar last names through LinkedIn. Eventually, he contacted David Howell, the whistleblower, and arranged a meeting in New Mexico.

Risks of Allowing Drugs to ‘Walk’

Fentanyl’s extreme potency and lethality raise concerns. The DEA’s “One Pill Can Kill” campaign cautions that even two milligrams can be fatal. The current issue involves counterfeit pills designed to resemble known painkillers, often manufactured by Mexican cartels containing unknown fentanyl quantities.

AP reporting underlined a specific 2023 case where a fentanyl shipment monitored by DEA agents in Albuquerque wasn’t seized. They had logged that 74,000 pills were delivered. Howell described this as akin to distributing a pill to everyone in a football stadium. Federal officials argued that such decisions could catch more significant offenders effectively.

DEA representatives claimed that descriptions alleging DEA knowingly permitted fentanyl distribution were inaccurate. They insisted investigative decisions were legal and appropriate under the circumstances.

Complexity of Law Enforcement Activities

This investigation exposed the divide between law enforcement actions and public knowledge. Federal agents wield considerable discretion that impacts public safety. Often, the public must trust that actions align with the right motives.

The records gleaned wouldn’t typically surface under the Freedom of Information Act. Howell’s complaint revealed investigative complexities and DOJ modified its non-public rules to offer more latitude in decision-making over fentanyl seizures.

Whistleblower Action

David Howell, a 19-year veteran at the DEA, formally filed a whistleblower complaint in 2023 with the Office of Special Counsel which oversees such concerns. He presented supporting documents indicating a specific transaction involving 100,000 pills that went unseized.

Recognizing potential misconduct, the OSC requested a Justice Department inquiry. Still, the Justice Department concluded in 2024 that DEA’s decisions not to seize drugs were reasonable and posed no direct public health threat. Howell and supporters argued internal examinations missed addressing whether DEA allowed large fentanyl quantities onto the streets.