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Joe Biden’s War – Part 6 – Civil Liberties

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“It behoves every man who values liberty of conscience for himself, to resist invasions of it in the case of others: or their case may, by change of circumstances, become his own.” – Thomas Jefferson

Last summer, Prince George County Police in Maryland intercepted a package containing 32 pounds of marijuana that was addressed to a local woman. On July 29, undercover police officers went to the residence as part of a SWAT team to deliver the package. An older woman first came to the door and told them to leave it on the porch. Soon after, a middle-aged man who’d been walking his dogs picked up the box and put it inside.

With that, the police made their move. They invaded the home, quickly shooting a potentially dangerous dog, then another. They kept the suspects cuffed until they had enough time to search the home for evidence. Eventually, the police left without being able to make any arrests. Why? Because the person whose home had been invaded was Cheye Calvo, the mayor of the town of Berwyn Heights. He and his family were completely innocent of any crimes.

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Joe Biden’s War – Part 5 – Chicago

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Over the weekend of April 19-20 last year, the city of Chicago was enjoying the springtime. Tourists filled Millennium Park and walked along Michigan Avenue. Music fans crowded the Lincoln Park Zoo for Earth Day concerts. The Cubs swept the Pirates at Wrigley Field. And local son Barack Obama was campaigning in Pennsylvania as a sense was growing that we were about to see history by the end of the year. But not all of Chicago was in a festive mood. Over that same weekend, there were 37 shooting incidents across the city. Police superintendent Jody Weis simply said “you have too many guns and too many guns and too much drugs on the street.”

It was in these neighborhoods in the mid-1980s that Barack Obama was an idealistic young man with an Ivy League degree determined to make a difference. It was also during that time that the death of Len Bias led to Joe Biden’s Anti Drug Abuse Act of 1986. That legislation was meant to help out our inner cities by targeting the drug gangs. But as Obama has rocketed up the political landscape, he had a front row seat to the real and disastrous effects that those laws were having in the neighborhoods of Chicago.

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Joe Biden’s War – Part 4 – Afghanistan

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Recently, Afghan President Hamid Karzai asked “This war has gone on for seven years, the Afghans don’t understand anymore, how come a little force like the Taliban can continue to exist, can continue to flourish, can continue to launch attacks?” What sounds like an innocent query by someone truly bewildered by the strength of his political opponents is more of a rhetorical question than anything else. Karzai knows exactly how and why the Taliban are flourishing. He’s hoping that Americans, and the incoming Obama Administration, will finally start to ask themselves this question as well.

The answer lies primarily in the opium fields that yield over 90% of the world’s supply of heroin. Just as Mexican cartels have made themselves untouchable throughout much of their own country on drug profits, the Taliban are funding their massive resurgence through the same means. Unlike the Mexican cartels, however, they have a much more nationalist and anti-Western outlook, making this drug war failure potentially far more disastrous to our national security than anything encountered before it.

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Joe Biden’s War – Part 3 – Mexico

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If there was one success that South American anti-drug efforts had in the past two decades, it was to dismantle some of the larger drug trafficking networks that were operating there. Since the death of Pablo Escobar in 1993, there have been no comparable figures in Colombian society in terms of wealth, influence, and criminality. But the drug trafficking organizations that supplied American drug users didn’t disappear. They moved to Mexico, demonstrating one fundamental rule about the drug war – as long as demand exists, you can never end the trade, you can only hope to relocate it.

Before the 1980s, Mexican drug gangs were little more than nuisances in Mexican society. They’d profit from smuggling marijuana into the United States, and could sometimes subvert institutions through corruption or violence. But today, Mexican drug gangs control much of northern Mexico and, according to Stratfor, an organization of current and retired intelligence officials, they now pose a significant threat to the federal government in Mexico City.

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Joe Biden’s War – Part 2 – South America

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Cocaine was first discovered in 1860 by Albert Niemann, a German chemist who identified it as the active chemical compound in the coca leaf. Before 1914, when cocaine was still legal in the United States, it was consumed primarily as an ingredient in tonics, ointments, wines, and other products. It was the original “Coca” in Coca-Cola. Vin Mariani, a well-known coca wine, had the face of Pope Leo XIII on its label. Leo and his successor, Pope Pius X, were both fans of the drink. During the temperance movement, however, cocaine was banned along with other drugs in the Harrison Narcotics Act of 1914. Over the next few decades, its use dropped significantly in America as amphetamines started to become more popular.

In the late 1970s, however, the use of cocaine began to rise again. Instead of being an ingredient in various products, though, people were ingesting the drug straight up their noses as a powder, a method that had far more intense effects for the user. Just as alcohol prohibition led to the consumption of alcohol in more dangerous ways, the prohibition of coca eventually led to a trend of ingesting the drug in ways that were baffling to South Americans, where chewing on coca leaves or brewing them in tea has been commonplace for many generations.

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Joe Biden’s War – Introduction

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[This is the first in a six part series on Vice President Joe Biden and his background as one of America’s staunchest drug warriors. Parts 2-6 will be posted each morning this week]

In the fall of 1982, the Reagan Administration’s Justice Department introduced a plan to spend up to $200 million for anti-drug enforcement efforts. The plan was to create a more coordinated network of FBI and DEA agents, along with the Coast Guard and the military, to bring down the drug trafficking networks that were operating in major American cities. Delaware Senator Joe Biden was quoted in the New York Times as saying that it wasn’t enough, and that we needed to have a “drug czar” to oversee these operations. By the end of Reagan’s second term, Biden’s request had become a reality, as the Office of National Drug Control Policy was created. Secret gambling enthusiast Bill Bennett was named as America’s first Drug Czar.

It’s commonly said that the modern drug war was launched by Richard Nixon a decade earlier, after he ignored his own commission’s recommendation to decriminalize marijuana and instead decided to wage war on potheads. But the escalations of the drug war in the 1980s have arguably had far more devastating consequences than anything Nixon did.

The tragic overdose death of college basketball star Len Bias in 1986, after he’d been selected by the Boston Celtics in the first round of the NBA draft, prompted the biggest wave of anti-drug legislation in our nation’s history. Congress passed new laws targeting the drug trade, including a number of mandatory minimum jail sentences for various offenses. This legislation included the infamous 100-to-1 disparity between crack and powder limits, a distinction that made it easier to fill our jails to the brim with African-Americans, who were not only tend to be targeted for drug laws, but have been far more likely to be in possession of cheaper crack-cocaine in lower income neighborhoods. In the meantime, it’s done much less to disrupt the trade among wealthier (and whiter) powder cocaine sellers and users.

When the Anti Drug Abuse Act of 1986 was signed, President Reagan made the following comments:

The magnitude of today’s drug problem can be traced to past unwillingness to recognize and confront this problem. And the vaccine that’s going to end the epidemic is a combination of tough laws — like the one we sign today — and a dramatic change in public attitude. We must be intolerant of drug use and drug sellers. We must be intolerant of drug use on the campus and at the workplace. We must be intolerant of drugs not because we want to punish drug users, but because we care about them and want to help them. This legislation is not intended as a means of filling our jails with drug users. What we must do as a society is identify those who use drugs, reach out to them, help them quit, and give them the support they need to live right.

Two decades later, America has seen its jails filled with 25% of the world’s prisoners, despite having only 5% of its population. This legislation did exactly what Reagan said it wouldn’t do. It filled our jails with non-violent people with drug problems and failed to give people the support they needed to live right. And he had no greater ally in the Senate for setting all of this in motion than Joe Biden. After Biden became chairman of the House Judiciary Committee in November, 1986, the Philadelphia Inquirer reported:

Other than reviewing judicial nominees, Biden said his priority as Judiciary chairman would be the creation of a “drug czar,” a cabinet-level officer to coordinate the nation’s war on drugs.

Not only did Biden succeed, but he created an office that was truly Orwellian in nature. By law, the Drug Czar’s office is required not only to oversee law enforcement activities, but it’s also required to actively oppose legalization efforts, even if that requires them to ignore science or lie. In 2003, Congressman Ron Paul accused the ONDCP of using public funds to propagandize and spread misinformation. The General Accounting Office responded by telling Paul sorry, but that’s what the law requires them to do.

This is why Drug Czar John Walters was able to travel to Michigan this summer – on the taxpayer’s dime – and campaign against their medical marijuana bill. Something that’s illegal for many federal officials under the Hatch Act of 1939 is actually part of the job description for the Drug Czar. It would be like requiring the Secretary of Health and Human Services by law to campaign against universal health care; or commanding the director of the EPA to propagandize for one side in the global warming debate regardless of what scientists are saying. Thankfully, the voters of Michigan still voted overwhelmingly to pass their initiative.

In recent years, the horrific outcome of the sentencing disparity has become so great to ignore that even Joe Biden has been working on legislation to fix it. But the drug war escalations throughout the 1980s and the creation of the Drug Czar’s office has caused far more damage than just giving this county a quarter of the world’s prisoners. It has been devastating to our allies, our foreign relations, our inner cities, our civil rights, and our reputation as a nation that was premised on treating individual liberty as an ideal.

Part 2 – South America

Today’s Pot News

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I’ve been writing a lot about marijuana news recently, but it’s because a lot has been happening. There’s an increased focus in the media on the absurdity of the current prohibition that feels more intense than ever. I’m not sure it has only one reason, but either way, I welcome the increased spotlight and hope that it triggers even more debate. Here’s the roundup:

– There are two television specials to check out before the weekend. Tonight, CNBC is airing Marijuana, Inc, which takes a look at the economics behind the current growers of the plant in northern California. And tomorrow night on Dateline NBC, they’ll be covering the case of Rachel Hoffman, the young woman in Florida who was killed by drug dealers after she’d been pressured into becoming an informant rather than face jail time for selling pot to her friends.

– Scott Morgan has posted on some breaking news from the Lake Tahoe area this evening, where DEA agents raided a medical marijuana dispensary. President Obama vowed to end these raids, so it will be interesting to see what he does in response.

– Nina Shapiro writes in the Seattle Weekly about the coalition of legislators, the Governor and other public officials who are moving towards ways to reduce the amount of money spent to lock up non-violent drug offenders. This part knocked me for a loop:

Faced with a $5 million budget cut to his office, King County Prosecutor Dan Satterberg in October started kicking felony cases involving less than three grams of narcotics down to District Court, where they are prosecuted as misdemeanors. He says the move affects two-thirds of his caseload.

That’s just amazing. To get an idea of how much 3 grams is, put three paper clips in your hand. Having that much drugs on you has not only been treated as a felony (a felony!), but it bogs down the majority of what even the most progressive County Prosecutor’s office in the state has been working on. Wow!

– Finally, the Cannabis Defense Coalition (full disclosure: I’ve been a member since last year) has updated its website with more information about the upcoming prosecution of medical marijuana patient Bruce Olson in Kitsap County.

News Updates

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Here are a few updates on some recent news items I’ve been following before I head off to Drinking Liberally:

– The marijuana decriminalization bill introduced in the State House is here. After some more asking around, it appears that the bill is being held up by State Representative Chris Hurst (D-31), whose Criminal Justice and Corrections Committee does not plan on holding hearings, or even allowing a vote. I have an email out to his office in the hopes of getting an explanation. As Dominic Holden has pointed out, the bill would potentially save Washington taxpayers roughly $7.5 million per year. And the decriminalization is extremely limited. In fact, the bill’s proposed marijuana possession limits without being a criminal offense would still be more stringent than Ohio’s.

– The pre-trial motions in the Bruce Olson case (previous posts here, here, and here) will be on Monday, January 26 at 9am at the Kitsap County Courthouse (614 Division St. in Port Orchard). Prosecutors are trying to deny Olson’s ability to testify that he’s an authorized medical marijuana patient. Supporters of the Olsons are encouraging people to come to the courthouse to show their support.

Bird’s Eye View Contest

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Last week’s winner was Andrew Snelling, who got the correct answer of Cedar Rapids, Iowa. And thanks to Daniel K for posting the link, and to Rod for emailing me that the contest name should have an apostrophe. From now on, it will. :)

Here’s this week’s. In order to win, you have to identify the intersection or post the link (to do that, click the Share link after you’ve found it). Good luck!

Drug War Roundup

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There’s been a lot going on recently in drug war related news, more than I’ve been able to write full posts about. Here’s a roundup of recent items.

– The case in Kitsap County against medical marijuana patient Bruce Olson is scheduled to start on Tuesday, January 20. Bruce’s wife Pam has already been convicted for the same drug charges that Bruce is now being tried for and the couple now reside in an RV after they were forced to sell their home to pay legal expenses. The Olsons also maintain that members of the WestNET Drug Task Force poisoned their dogs before they conducted the raid on their home. The Cannabis Defense Coalition is encouraging people to come by the Kitsap County Courthouse to provide support for Olson.

– Here’s the bill introduced into the Washington State House this week to decriminalize possession of small amounts of marijuana. A similar measure was passed by the voters in Massachusetts by a wide margin this past November. With the amount of money it would save the state, passing this bill should be a slam dunk. What happens to it should be a good indication of whether or not we still have a completely dysfunctional government in Olympia.

– Once again, the Obama-Biden Transition Team’s internet outreach at change.gov is demonstrating that drug laws are a big part of where we’re demanding change in the next few years. The most popular idea in the Citizen’s Briefing Book is “Ending Marijuana Prohibition.”

– The violence in Mexico has sparked another legalization debate along the border. This time in El Paso, which is across the river from one of the deadliest cities in Mexico, Juarez. It started when the City Council unanimously passed a resolution to suggest legalization as one possible way to stop the violence in Mexico. A week later, they were forced to retract their resolution after federal and state officials threatened to withhold funding. Apparently, even suggesting we do something correctly is too terrifying for our nation’s politicians to behold.

– A half-hour long debate between Radley Balko and David Freddoso on bloggingheads.tv can be seen here.

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