Jim Mustian, a journalist with the Associated Press, uncovered a significant issue involving the U.S. Drug Enforcement Administration (DEA) in New Mexico. His findings revealed that the DEA allowed the distribution of hundreds of thousands of fentanyl pills in an effort to build larger federal cases. Mustian, alongside fellow AP journalist Joshua Goodman, accessed numerous internal DEA documents and interacted with both current and former agents. Among these sources was a whistleblower who criticized the agency for endangering public safety and not adhering to U.S. Justice Department protocols regarding the seizure of this lethal synthetic opioid. Previously, the White House labeled fentanyl as a ‘weapon of mass destruction.’
Origins of the Investigation
Del Quentin Wilber interviewed Mustian regarding this investigative story. The endeavor began when Goodman spotted a whistleblower complaint indicating that the DEA had allowed fentanyl to circulate in New Mexico. Initially submitted to the White House in September, it did not attract media attention due to heavy redaction aimed at protecting the whistleblower’s identity and details of the unseized fentanyl. However, an oversight left a minor clue – the whistleblower’s surname ended with an ‘l’. Mustian took advantage of this and reached out to DEA agents in Albuquerque with this initial. This led him to David Howell, the whistleblower, after some inquiries on LinkedIn.
The Issues with Fentanyl
The controversy over ‘walking’ drugs becomes sharply pronounced with fentanyl due to its extreme potency and ability to cause death in minute amounts. The DEA’s ‘One Pill Can Kill’ initiative underscores that even a few milligrams, comparable in size to a pencil tip, can be fatal. The fentanyl often takes the form of fake pills mimicking legitimate painkillers and is largely produced in Mexican labs. A specific 2023 case involved DEA agents observing, but not confiscating, 74,000 pills at an Albuquerque mobile home park. Howell equated this decision to distributing one fentanyl pill per person in a football stadium, especially during a peak in fatal overdoses across the country.
Federal authorities, including the U.S. attorney in Albuquerque, defended such methods, suggesting they ultimately save more lives. Yet, the DEA rebuffed media descriptions that claimed the agency willingly permitted fentanyl distribution, maintaining that their actions adhered to both law and departmental guidance.
Investigation Insights
The investigation revealed a stark contrast between official law enforcement actions and public knowledge of these activities. Law enforcement agencies, including federal agents, possess significant discretion in decisions impacting public safety. The government’s request for public trust in these actions is reflected in the complexity of the processes uncovered through records and interviews.
Despite concerns, records and insights highlighted how Justice Department rules were revised to grant law enforcement more leniency with fentanyl seizure decisions. Notably, Howell, a seasoned 19-year DEA agent, challenged this approach with a formal whistleblower complaint, submitting extensive DEA documentation and internal communications. The Office of Special Counsel deemed the complaint serious enough to involve the Justice Department in further investigation. However, internal reviews later concluded that the DEA’s decisions were reasonable and did not pose a direct public health threat, despite critics arguing otherwise.
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