Jim Mustian, an Associated Press journalist, reported on the U.S. Drug Enforcement Administration’s (DEA) controversial actions related to fentanyl distribution in New Mexico. With AP colleague Joshua Goodman, Mustian examined internal DEA records and spoke with current and former agents. Their investigation unveiled that the DEA allowed substantial quantities of fentanyl to be distributed as part of a strategy to pursue larger prosecutions. An internal whistleblower claimed this approach risked public safety and broke U.S. Justice Department rules regarding the seizure of fentanyl.
The White House previously classified fentanyl as a ‘weapon of mass destruction’ last year. An interview with Mustian by editor Del Quentin Wilber provides insight into the investigation’s origins and findings. Goodman first noticed a whistleblower complaint addressing the DEA’s actions in New Mexico. Although initially sent to the White House in September, the complaint had not drawn media attention, partly due to extensive redactions that covered the whistleblower’s identity and the unseized fentanyl amount. A critical oversight in these redactions revealed a letter, ‘l,’ ending the whistleblower’s name.
Mustian contacted DEA agents on LinkedIn whose names ended in ‘l’ and had Albuquerque affiliations. This led him to the whistleblower, David Howell. Upon meeting Howell in New Mexico weeks later, Mustian gathered in-depth information about the agency’s activities. The DEA’s previous practice of letting drugs ‘walk’ seeks to target more significant dealers but posed special concerns with fentanyl due to its potency. The DEA’s ‘One Pill Can Kill’ campaign emphasizes the lethality of even a few milligrams of fentanyl, highlighting how counterfeit pills often mimic known painkillers and can be deadly.
In 2023, DEA agents tracked a shipment of 74,000 fentanyl pills in Albuquerque but did not seize them, a choice defended by federal authorities as an attempt to catch larger criminal players. Alex Uballez, the U.S. attorney in Albuquerque, mentioned that such tactics save more lives by focusing resources on more prominent targets. The DEA stated that allegations of their deliberate allowance of fentanyl distribution were misleading, adding their decisions were within legal boundaries and departmental guidance.
Mustian’s reporting revealed a significant disconnect between law enforcement actions and public awareness, especially amid the drug war. Law enforcement agencies often expect public trust without full transparency. Documents and interviews with Howell exposed complexities in these investigations seldom visible to the public. Notably, as Howell raised concerns about fentanyl reaching users, the Justice Department revised its rules to offer law enforcement more leeway in deciding drug seizures.
Howell, a nearly two-decade DEA veteran, formally lodged a whistleblower complaint with the Office of Special Counsel (OSC) in late 2023. He provided DEA records, including evidence of a 100,000-pill transaction. Initially alarmed, the OSC requested a Justice Department investigation into potential wrongdoing. The Justice Department found that the DEA’s decision to allow some distribution was reasonable and not harmful to public safety. Critics like Howell argued internal investigations overlooked the broader implications of permitting substantial fentanyl amounts on the streets.