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Earlier this month, Attorney General John Ashcroft
announced that the FBI and the Drug Enforcement Administration
had disrupted two separate attempts to use drug sales
to underwrite weapons for terror groups.
There is a "deadly nexus between terrorism and drug
trafficking," Ashcroft said. He was joined by Asa Hutchinson,
DEA chief, who said "we have learned, and we have demonstrated,
that drug traffickers and terrorists work out of the
same jungle; they plan in the same cave and they train
in the same desert."
This nexus is no surprise. In this year alone:
-- A massive drug ring was busted that had sent millions
of dollars in methamphetamine proceeds to the Hezbollah
terrorist group.
-- In Colombia, a nation devastated by ongoing civil
war, a number of rebel leaders of the Marxist Revolutionary
Armed Forces of Colombia or FARC were indicted for drug
trafficking as were members of the paramilitary groups
they fight.
-- And two Pakistanis and an American were arrested
for hatching a plan to trade tons of opium and hashish
for Stinger missiles. They allegedly planned to sell
the missiles to al-Qaida.
Can anyone truly doubt that drug money is destabilizing
nations and enhancing the power of our enemies? (Al-Qaida
doesn't appear to be using the drug trade to fund operations,
but other Middle Eastern terror groups are.) Even the
anti-drug advertising campaign put out by the White
House Office of National Drug Control Policy tells young
people that using drugs helps terrorist.
In one ONDCP ad "Timmy's" decision to use drugs is
said to help "kill mothers," by fueling brutal terrorist
groups. While a bit hysterical, in some infinitesimal
way the ad is right. But the real culprit, the elephant
in the room, is our national drug policy and the way
it makes the drug trade so very lucrative. This is why
terrorists are interested.
After 30 years of overdrive prohibition -- putting
millions of people behind bars and spending half a trillion
dollars -- we know we can't eliminate drugs. Illegal
drug usage numbers have changed little since the 1980s.
Ninety-four million Americans over age 12 admit to having
used them at least once in their lives.
What we can control, however, is the money in drugs.
Due to prohibition, $1,000 worth of coca base from Colombia
sells for $25,000 here. If this market were turned legit,
the profit margin would drop like a stone, eventually
driving out the criminal element. (Remember alcohol
prohibition?)
But that is not going to happen. There is no political
will to consider any form of decriminalization.
Here's what is happening instead.
The drug war and the war on terrorism is converging
both practically and, more important, rhetorically.
This will allow the Justice Department and the Defense
Department to use all their new, extraordinary powers
for both. Timmy the drug user, will go from being an
exaggerated fictional ad to a basis for ignoring due
process for street-level drug investigations and for
involving the military in more domestic law enforcement.
On Monday, Ashcroft celebrated a decision by the secret
Foreign Intelligence Surveillance Court of Review dismantling
the wall between domestic intelligence gathering and
criminal prosecution.
The wall had been there because our law makes it far
easier to secure covert surveillance and wiretap authority
if the purpose is to watch the activities of suspected
spies than regular criminals. The danger is that prosecutors
might be tempted to use these special Foreign Intelligence
Surveillance Act warrants as a way to get around the
Constitution's probable cause requirements. But the
three-member court, all handpicked by Chief Justice
William Rehnquist, poo-poohed that concern. It gave
Ashcroft a free hand to use FISA warrants in criminal
investigations anywhere there is a tangential association
with a suspected terrorist. Ashcroft already views looking
for drugs and terrorists as one in the same. It is no
surprise that he immediately announced a doubling of
the number of attorneys assigned to move FISA warrant
applications along.
In the name of fighting terrorism, the executive branch
has instituted secret arrests, detained people for months
without charge, and put Americans in military brigs
without access to a lawyer. It has established a large
detention camp at Guantanamo Bay, Cuba, to hold unlawful
enemy combatants out of reach of U.S. courts and international
law. And it is embarking on huge data mining programs
in at least three federal agencies designed to examine
everyone's personal business for clues into terrorist
associations.
With a potential narco-terrorist connection looming
behind every drug transaction, it won't be long before
all these shortcuts, justified by exigent circumstances
and national security, will become a regular part of
law enforcement. This parallel legal system, where few
of the traditional protections for the accused remain,
will soon become the norm.
Suspected drug dealers at Guantanamo? It's closer
than you think.