REACTION TO JOURNAL INVESTIGATION
Torrez promises 'aggressive' scrutiny of DEA's tactics in fentanyl investigation
Attorney general's response to governor's request sets out plan to seek federal documents and demand accountability
New Mexico Attorney General Ra煤l Torrez on Friday committed to an 鈥渁ggressive鈥 inquiry into U.S. Drug Enforcement Administration tactics that allegedly allowed suspects in Albuquerque neighborhoods to freely buy and sell large quantities of fentanyl pills while under surveillance.
Torrez announced the formal action in a letter to Gov. Michelle Lujan Grisham, who urged his office to investigate what she called 鈥渄eeply disturbing鈥 allegations that the DEA 鈥渒nowingly allowed fentanyl pills to flow into our community.鈥
鈥淚f those allegations are accurate, the consequences for New Mexicans were not abstract. They were fatal,鈥 Torrez wrote. 鈥淣ew Mexico already ranks among the states hardest hit by fentanyl overdose deaths, and the families who have lost children, siblings and parents to this crisis deserve a full accounting of what the federal government knew, what it did, and what it failed to do. I share your outrage, and I am committed to pursuing every appropriate legal avenue to hold the responsible parties accountable.鈥
The governor sought the investigation after published reports Monday by the 近距离内射合集 and The Associated Press, based partly on a whistleblower complaint filed by a 19-year DEA agent in Albuquerque.
The agent, David Howell, contended the practice of 鈥渨alking鈥 fentanyl occurred from 2023 through 2025 as DEA investigators built criminal cases to dismantle several drug trafficking organizations that used Albuquerque as a hub for fentanyl sales.
Howell accused the DEA and several prosecutors in the U.S. Attorney鈥檚 Office in New Mexico of violating an internal policy designed to reduce the risk to public safety during fentanyl investigations. The policy applies to court-authorized wiretaps the DEA uses to monitor drug trafficking activity in real time.
In September 2024, the Office of Special Counsel in Washington, D.C., concluded there were no violations, found no specific harm had occurred and characterized the policy as guidance that gave investigators discretion on whether to immediately seize fentanyl or delay action to further an investigation.
Howell said there was no eventual recovery of the fentanyl loads he identified, which were likely distributed in Albuquerque and elsewhere in New Mexico.
Amid the controversy, the DEA鈥檚 top administrator defended the agency and asked the Justice Department鈥檚 Office of Inspector General to review Howell鈥檚 complaint.
Torrez is a former assistant U.S. attorney and spent six years overseeing the Bernalillo County District Attorney鈥檚 Office, which also prosecutes state drug offenses.
Lujan Grisham asked the attorney general鈥檚 office to determine whether the DEA鈥檚 actions violated state law and to pursue criminal prosecution if warranted. In response, Torrez wrote, 鈥淚 want to be direct with you about the legal landscape: while federal law enforcement personnel are not above the law, the Supremacy Clause of the 近距离内射合集 States Constitution provides substantial protections for federal employees acting within the scope of their authority.鈥
He added that while state prosecution of federal officers is not foreclosed, 鈥渟ignificant legal barriers鈥 must be carefully evaluated before proceeding. 鈥淲e will do that evaluation rigorously and honestly,鈥 he wrote.
In the immediate term, Torrez said he will demand documents from the federal government regarding the 鈥淒EA鈥檚 conduct, in New Mexico and nationally,鈥 to determine whether what occurred reflects a broader pattern of reckless or unlawful behavior.
He promised the governor that, once the facts are established, the state will examine all available remedies, criminal, civil or both.
鈥淲e will also seek structural relief to prevent federal law enforcement from endangering the lives of New Mexicans in the future,鈥 he wrote.
鈥淭he people of New Mexico deserve a full accounting of what happened and a firm commitment that it will not happen again. You have my word that this office will not rest until we have both.鈥
Torrez, who was not available for comment Friday afternoon, joins other New Mexico officials, including Albuquerque Mayor Tim Keller, Bernalillo County Sheriff John Allen, state House Speaker Javier Mart铆nez, D-Albuquerque, and U.S. Rep. Melanie Stansbury, D-N.M., in voicing shock and outrage.
On Friday, Albuquerque City Council members Joaquin Baca, Nichole Rogers and Stephanie Telles also released statements calling for accountability and investigation.
Colleen Heild is an investigative reporter for the Journal. Reach her at cheild@abqjournal.com.