**Controversial Tactic in Fentanyl Cases Under Review by U.S. Justice Department Watchdog**
**Washington, D.C. – August 17, 2026** – The U.S. Justice Department’s internal watchdog has launched a review of a highly controversial law enforcement tactic. Federal agencies, specifically the Drug Enforcement Administration (DEA), allowed fentanyl to circulate on the streets in order to build larger cases against drug traffickers. This strategy, known as allowing drugs to “walk,” was implemented in major investigations, including those in New Mexico between 2023 and 2025.
The review was announced by Justice Department Inspector General Don Berthiaume, less than two months after an Associated Press investigation revealed that DEA agents repeatedly monitored significant fentanyl shipments without seizing them. The goal was to maintain ongoing investigations, but it came at a risk to public safety from one of the deadliest drug epidemics in U.S. history.
### Key Details of the Review
The inspector general’s review will examine government policies and wiretap investigations spanning the past two years. It seeks to determine whether the DEA permitted fentanyl deliveries to occur in cities across the country rather than intervening earlier to prevent distribution. The focus will be on whether these actions violated existing Justice Department rules designed to protect communities from fentanyl, which the White House has labeled a “weapon of mass destruction.”
DEA Administrator Terry Cole requested the narrower inspector general inquiry following the AP investigation. He emphasized that the request “should not be interpreted as reflecting any lack of confidence in the professionalism or integrity of DEA personnel.”
### Whistleblower Concerns
A central figure in bringing this issue to light is DEA agent David Howell. Howell filed a whistleblower complaint alleging that federal authorities “poisoned our community to make cases” in New Mexico. According to an internal DEA report reviewed by the AP, agents watched and declined to interdict a shipment of 74,000 fentanyl pills in an Albuquerque mobile home park.
Howell criticized the strategy, stating it endangered the public through “willful inaction.” The “One Pill Can Kill” public awareness campaign, which warned of fentanyl’s lethal potency, stood in stark contrast to the agency’s decision not to seize deadly shipments during active investigations.
### Policy Shift at the DOJ
Leavitt, president of Empower Oversight, a whistleblower advocacy group representing Howell, called on the Justice Department to revert to a 2017 policy. That policy required agents to “seize or otherwise prevent the distribution” of fentanyl “as soon as practicable.” In 2024, the department rewrote these rules, granting law enforcement greater discretion to allow drug trafficking to continue for the sake of larger investigations.
### Ongoing Investigations and Legal Challenges
The new review coincides with ongoing investigations in New Mexico, where authorities are examining whether DEA agents broke state law by allowing hundreds of thousands of fentanyl pills to reach communities in Albuquerque. Attorney General Raúl Torrez, a Democrat, has threatened to sue the Justice Department after it refused to provide a requested list of records.
Additionally, two other DEA whistleblowers have come forward with troubling accounts:
– One reported that colleagues failed to seize 350,000 fentanyl pills during the first intercepted call of a 2024 wiretap investigation. This case led to the largest fentanyl seizure in DEA history.
– Another whistleblower alleged that agents monitored a courier making repeated deliveries of fentanyl from Phoenix to Albuquerque between 2022 and 2023, allowing tens of thousands of pills to go unseized.
### FAQ
**Q: What tactic is under review by the U.S. Justice Department’s internal watchdog?**
A: The review examines the tactic of allowing fentanyl to “walk” – or circulate on the streets – during investigations to build larger cases against drug traffickers.
**Q: Why did the DEA allow fentanyl shipments to go unseized?**
A: According to reports, the DEA monitored major fentanyl deliveries without intervening to avoid jeopardizing broader investigations and wiretapping operations.
**Q: What is the “One Pill Can Kill” campaign?**
A: It is a public awareness campaign by the DEA highlighting that even a small amount of fentanyl can be lethal, aiming to warn the public about the dangers of the synthetic opioid.
**Q: What has changed in DOJ policy regarding fentanyl seizures?**
A: In 2024, the department revised its rules to give law enforcement more discretion in deciding whether to seize fentanyl during investigations, moving away from a 2017 policy that prioritized immediate seizure.
**Q: Are there legal challenges related to this tactic?**
A: Yes, authorities in New Mexico are investigating whether DEA agents violated state law by allowing hundreds of thousands of fentanyl pills to reach communities. The state has also filed requests for records that the Justice Department has not fulfilled.
**Q: What are the whistleblower allegations about?**
A: Whistleblowers have alleged systemic issues, including cases where agents failed to intercept massive fentanyl shipments and allowed traffickers to continue operating to support larger investigations.
### Conclusion
The review by the U.S. Justice Department’s internal watchdog marks a significant step in addressing concerns over a high-risk law enforcement tactic. The “allow drugs to walk” strategy has raised alarms about public safety and adherence to established guidelines aimed at combating the deadly fentanyl epidemic. As the investigation unfolds, it will scrutinize the balance between pursuing large-scale drug prosecutions and protecting communities from one of the most dangerous substances driving the opioid crisis. The outcome of this review could lead to significant policy changes and renewed accountability within federal drug enforcement agencies.
