Today Attorney General Eric Holder announced the arrest of nearly 1,200 individuals on narcotics-related charges and the seizure of more than 11.7 tons of narcotics as part of a 44-month multi-agency law enforcement investigation known as “Project Coronado.” The Attorney General was joined in announcing the current results of Project Coronado by DEA Acting Administrator Michele M. Leonhart, FBI Director Robert S. Mueller III and ATF Acting Director Kenneth E. Melson.

Over the past two days, 303 individuals in 19 states were arrested as part of Project Coronado, which targeted the distribution network of a major Mexican drug trafficking organization known as La Familia, through coordination between federal, state and local law enforcement. More than 3,000 agents and officers operated across the United States to make the arrests during the two-day takedown. During the two-day operation alone, $3.4 million in U.S. currency, 729 pounds of methamphetamine, 62 kilograms of cocaine, 967 pounds of marijuana, 144 weapons and 109 vehicles were seized by law enforcement agents.

“This unprecedented, coordinated U.S. law enforcement action – the largest ever undertaken against a Mexican drug cartel – has dealt a significant blow to La Familia’s supply chain of illegal drugs, weapons and cash flowing between Mexico and the United States,” said Attorney General Holder. “We will not allow these cartels to operate unfettered in our country, and with the increases in cooperation between U.S. and Mexican authorities in recent years, we are taking the fight to our adversaries. We will continue to stand strong with our partners in Mexico as we work to disrupt and dismantle cartel operations on both sides of the border.”

The La Familia cartel is a violent drug trafficking cartel based in the state of Michoacán, in southwestern Mexico. According to court documents, La Familia controls drug manufacturing and distribution in and around Michoacán, including the importation of vast quantities of cocaine and methamphetamine from Mexico into the United States. La Familia is philosophically opposed to the sale of methamphetamine to Mexicans, and instead supports its export to the United States for consumption by Americans. La Familia is a heavily armed cartel that has utilized violence to support its narcotics trafficking business including murders, kidnappings and assaults. According to one indictment unsealed in the Southern District of New York, associates of La Familia based in the United States have allegedly acquired military-grade weapons, including assault weapons and ammunition, and have arranged for them to be smuggled back into Mexico for use by La Familia. In a criminal complaint filed in Dallas, ATF investigators allege
that operatives of La Familia shipped hundreds of firearms from the U.S. to Mexico over a 12-month period ending in October 2009.  Individuals indicted in the cases are charged with a variety of crimes, including: conspiracy to distribute methamphetamine, cocaine and marijuana; distribution of methamphetamine, cocaine and marijuana; conspiracy to import narcotics into the United States; money laundering; and other violations of federal law. Numerous defendants face forfeiture allegations as well.

To date, Project Coronado has led to the arrest of 1,186 individuals and the seizure of approximately $32.8 million in U.S. currency, and approximately 2,710 pounds of methamphetamine, 1,999 kilograms of cocaine, 29 pounds of heroin, 16,390 pounds of marijuana, 389 weapons and 269 vehicles.

“Project Coronado, our massive assault on the La Familia Cartel, is part of our continued fight against all of the powerful Mexico-based drug cartels,” said DEA Acting Administrator Michele M. Leonhart. “This organization, the newest of Mexican cartels, is directly responsible for a vast majority of the methamphetamine pouring into our country across our Southwest Border, and has had a hand in fueling the cycle of violence that is wracking Mexico today.  DEA, along with our U.S. and Mexican partners, are committed to strategically attacking the international and domestic drug trade with every tool at our disposal, and defeating those that thrive on the suffering of others.”

“Multi-agency coordinated investigations such as Project Coronado are the key to disrupting the operations of complex criminal organizations like La Familia.  Together – with the strong collaboration of our international, federal, state and local partners – we have dealt a substantial blow to a group that has polluted our neighborhoods with illicit drugs and has terrorized Mexico with unimaginable violence,” said Director Mueller.

“ATF’s arrest of defendants in Project Coronado highlight the almost inseparable link between illegal trafficking of firearms and narcotics between the U.S. and Mexico,” said ATF Acting Director Kenneth Melson. “ATF is on the frontline against violent crime and focuses its investigative tools on criminal groups such as La Familia, which use firearms to further their illegal trade and ruin and endanger countless lives.  It is alleged that La Familia used proceeds from the sale of drugs to purchase or obtain hundreds of firearms that were then moved illicitly to Mexico.”

“The operation to dismantle the La Familia drug trafficking organization in the United States demonstrates an unprecedented level of partnership and coordination at the local, state and federal levels.  We at ICE are proud to have played an important role in yesterday’s operation and look forward to continuing to work with our law enforcement partners to target these criminal organizations,” said Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton.

Arrests were made or charges have been unsealed yesterday and today related to Project Coronado  in the following districts: Central District of California, Southern District of California, District of Colorado, Northern District of Georgia, District of Massachusetts, District of Minnesota, Southern District of Mississippi, Eastern District of Missouri, Northern District of Oklahoma, Southern District of New York, Northern District of New York, Middle District of North Carolina, District of South Carolina, Middle District of Tennessee, Eastern District of Texas, Northern District of Texas, Western District of Texas and the Western District of Washington.  There were also arrests by state authorities in California, Nevada, North Carolina and Georgia.  Assistance for Project Coronado was provided by the Criminal Division’s Narcotic and Dangerous Drug Section and Office of International Affairs.  Additionally, local prosecutions will occur in San Diego, San Bernardino, Los Angeles and Orange County, Calif.; Clark County, Nev.; Gwinnett County, Ga.; and Pitt County, N.C.

The investigative efforts in Project Coronado were coordinated by the multi-agency Special Operations Division, comprised of agents and analysts from the DEA, FBI, ICE, Internal Revenue Service, U.S. Customs and Border Protection, U.S. Marshals Service and ATF, as well as attorneys from the Criminal Division’s Narcotic and Dangerous Drug Section. More than 300 federal, state, local and foreign law enforcement agencies contributed investigative and prosecutorial resources to Project Coronado through the Organized Crime Drug Enforcement Task Forces.

An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

“This policy is an important step toward rebuilding the public’s trust in the government’s use of this privilege while recognizing the imperative need to protect national security,” Holder said. “It sets out clear procedures that will provide greater accountability and ensure the state secrets privilege is invoked only when necessary and in the narrowest way possible.”

Earlier this year, Attorney General Holder ordered senior Justice officials to conduct a review of the Department’s existing state secrets policies and procedures, including an internal evaluation of the pending cases in which the privilege had been invoked. The results of that internal review were shared with an interagency group comprised of officials from the Department and the intelligence community, which provided input into the formulation of the new policies and procedures. The new policy and procedures take effect October 1, 2009.

The Attorney General’s memorandum outlines several aspects of the new administrative process that increases accountability and oversight, including:

Facilitation of Court Review – The policy ensures that before approving invocation of the state secrets privilege in court, the Department must be satisfied that there is strong evidentiary support for it. In order to facilitate meaningful judicial scrutiny of the privilege assertions, the Department will submit evidence to the court for review.

Significant Harm Standard – The policy adopts a more rigorous standard to govern when the Department will defend assertions of the state secrets privilege in new cases. Under the new policy, the Department will now defend the assertion of the privilege only to the extent necessary to protect against the risk of significant harm to national security.

Narrow Tailoring of Privilege Assertions – Under this policy, the Department will narrowly tailor the use of the states secrets privilege whenever possible to allow cases to move forward in the event that the sensitive information at issue is not critical to the case. As part of this policy, the Department also commits not to invoke the privilege for the purpose of concealing government wrongdoing or avoiding embarrassment to government agencies or officials.

State Secrets Review Committee – A State Secrets Review Committee will be formed consisting of senior Department officials designated by the Attorney General who will evaluate any recommendation by the Assistant Attorney General of the relevant Division to invoke the privilege. The Committee would make its recommendation to the Associate Attorney General, who would review and refer to the Deputy Attorney General for a final recommendation to the Attorney General or his designee.

Approval by the Attorney General – The policy requires the approval of the Attorney General prior to the invocation of the states secret privilege, except when the Attorney General is recused or unavailable. Previously, the invocation of the state secrets privilege could be approved by the appropriate Assistant Attorney General

Referral to Inspectors General. The policy implements a referral process to relevant Offices of Inspector General whenever there are credible allegations of government wrongdoing in a case, but the assertion of state secrets privilege might preclude the case from moving forward.

Under the policy, the Department also commits to provide periodic reports on all cases in which the privilege is asserted to the appropriate oversight Committees in Congress.

The Task Force also made policy recommendations with respect to scenarios in which the United States moves or facilitates the movement of a person from one country to another or from U.S. custody to the custody of another country to ensure that U.S. practices in such transfers comply with U.S. law, policy and international obligations and do not result in the transfer of individuals to face torture.

“The new policies proposed by the Task Force will allow us to draw the best personnel from across the government to conduct interrogations that will yield valuable intelligence and strengthen our national security,” said Attorney General Holder. “There is no tension between strengthening our national security and meeting our commitment to the rule of law, and these new policies will accomplish both.”

Interrogations

After extensively consulting with representatives of the Armed Forces, the relevant agencies in the Intelligence Community, and some of the nation’s most experienced and skilled interrogators, the Task Force concluded that the Army Field Manual provides appropriate guidance on interrogation for military interrogators and that no additional or different guidance was necessary for other agencies. These conclusions rested on the Task Force’s unanimous assessment, including that of the Intelligence Community, that the practices and techniques identified by the Army Field Manual or currently used by law enforcement provide adequate and effective means of conducting interrogations.

The Task Force concluded, however, that the United States could improve its ability to interrogate the most dangerous terrorists by forming a specialized interrogation group, or High-Value Detainee Interrogation Group (HIG), that would bring together the most effective and experienced interrogators and support personnel from across the Intelligence Community, the Department of Defense and law enforcement. The creation of the HIG would build upon a proposal developed by the Intelligence Science Board.

To accomplish that goal, the Task Force recommended that the HIG should coordinate the deployment of mobile teams of experienced interrogators, analysts, subject matter experts and linguists to conduct interrogations of high-value terrorists if the United States obtains the ability to interrogate them. The primary goal of this elite interrogation group would be gathering intelligence to prevent terrorist attacks and otherwise to protect national security. Advance planning and interagency coordination prior to interrogations would also allow the United States, where appropriate, to preserve the option of gathering information to be used in potential criminal investigations and prosecutions.

The Task Force recommended that the specialized interrogation group be administratively housed within the Federal Bureau of Investigation, with its principal function being intelligence gathering, rather than law enforcement. Moreover, the Task Force recommended that the group be subject to policy guidance and oversight coordinated by the National Security Council.

The Task Force also recommended that this specialized interrogation group develop a set of best practices and disseminate these for training purposes among agencies that conduct interrogations. In addition, the Task Force recommended that a scientific research program for interrogation be established to study the comparative effectiveness of interrogation approaches and techniques, with the goal of identifying the existing techniques that are most effective and developing new lawful techniques to improve intelligence interrogations.

Transfers

The Task Force also made policy recommendations with respect to scenarios in which the United States moves or facilitates the movement of a person from one country to another or from U.S. custody to the custody of another country to ensure that U.S. practices in such transfers comply with U.S. law, policy and international obligations and do not result in the transfer of individuals to face torture. In keeping with the broad language of the Executive Order, the Task Force considered seven types of transfers conducted by the U.S. government: extradition, transfers pursuant to immigration proceedings, transfers pursuant to the Geneva Conventions, transfers from Guantanamo Bay, military transfers within or from Afghanistan, military transfers within or from Iraq, and transfers pursuant to intelligence authorities.

When the United States transfers individuals to other countries, it may rely on assurances from the receiving country. The Task Force made several recommendations aimed at clarifying and strengthening U.S. procedures for obtaining and evaluating those assurances. These included a recommendation that the State Department be involved in evaluating assurances in all cases and a recommendation that the Inspector Generals of the Departments of State, Defense and Homeland Security prepare annually a coordinated report on transfers conducted by each of their agencies in reliance on assurances.

The Task Force also made several recommendations aimed at improving the United States’ ability to monitor the treatment of individuals transferred to other countries. These include a recommendation that agencies obtaining assurances from foreign countries insist on a monitoring mechanism, or otherwise establish a monitoring mechanism, to ensure consistent, private access to the individual who has been transferred, with minimal advance notice to the detaining government.

The Task Force also made a series of recommendations that are specific to immigration proceedings and military transfer scenarios. In addition, the Task Force made classified recommendations that are designed to ensure that, should the Intelligence Community participate in or otherwise support a transfer, any affected individuals are subjected to proper treatment.

Background Information

The Task Force on Interrogations and Transfer Policies is chaired by the Attorney General, with the Director of National Intelligence and the Secretary of Defense serving as Co-Vice-Chairs. Other members of the Task Force are the Secretaries of State and Homeland Security, the Director of the Central Intelligence Agency, the Chairman of the Joint Chiefs of Staff. Each of these officials appointed senior-level representatives to serve on a working-level task force to complete the work of the Executive Order.

The Executive Order directed the Task Force to study and evaluate “whether the interrogation practices and techniques in Army Field Manual 2-22.3, when employed by departments and agencies outside the military, provide an appropriate means of acquiring the intelligence necessary to protect the Nation, and, if warranted, to recommend any additional or different guidance for other departments or agencies.”

The Task Force was also directed to study and evaluate “the practices of transferring individuals to other nations in order to ensure that such practices comply with the domestic laws, international obligations, and policies of the United States and do not result in the transfer of individuals to other nations to face torture or otherwise for the purpose, or with the effect, of undermining or circumventing the commitments or obligations of the United States to ensure the humane treatment of individuals in its custody and control.”