Thirty years later, another president, George W. Bush, declared war on another word: terrorism. But the war on drugs hadn’t ended yet. Instead of one failed war replacing another soon-to-be-failed war, both drugs and terrorism remain targets for law enforcement and military action that have resulted in the deaths of hundreds of thousands and have cost billions of dollars.
In fact, the war on terror and the war on drugs have merged to form a hydra-headed monster that rapaciously targets Americans, particularly communities of color. Tactics and legislation used to fight terrorism in the U.S. have been turned on drug users, with disastrous consequences measured in lives, limbs and cash. And money initially used to combat drugs has been spent on the war on terror. From the Patriot Act to the use of informants to surveillance, the wars on drugs and terror have melted into one another.
On Oct. 26, 2001, after remarkably little debate, President Bush signed the USA Patriot Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001) into law. Some elected officials admitted they hadn’t read the entire legislation before voting on it. The Patriot Act was renewed in 2011 by President Barack Obama.
The purpose of the legislation was “to deter and punish terrorist acts in the United States and around the world [and] to enhance law enforcement investigatory tools.” Buried in the act is a hint that the wars on terror and drugs were being paired. The Patriot Act appropriated $5 million to the Drug Enforcement Administration to train Turkish forces in anti-drug measures and to increase the apprehension of drugs in South and Central Asia.
Even more significant was Section 213 of the act, which legitimizes what are known as “sneak and peek warrants.” These warrants, approved by a judge, allow the police to enter into a home without notifying the suspect in that home for at least 30 days—90 days if a judge is convinced the police need it. The 90-day extensions can be repeatedly re-authorized. Authorities are able to enter a home or office, rifle through private property and take photographs all without the suspect knowing, which is contrary to how normal warrants work. While “sneak and peek” authority was allowed in limited cases before the 2001 legislation, the Patriot Act has dramatically expanded its use. And the vast majority of cases where it’s used had nothing to do with terrorism, despite the FBI’s claim that the warrants are an “invaluable tool to fight terrorism.”
From October 2009 to September 2010, law enforcement agents executed sneak and peek warrants 3,970 times, according to numbers obtained by the American Civil Liberties Union. Less than one percent of those cases had to do with terrorism. But 76 percent had to do with drugs. It was much the same story from 2006-2009, according to data compiled by New York magazine. In that time period, 1,618 such warrants were issued for drugs. Only 15 were issued for terrorism-related cases, with 122 being issued for fraud.
In November 2009, Senator Russ Feingold (D-WI), questioned Department of Justice official David Kris about the Patriot Act being used to execute the war on drugs. The assistant attorney general’s response was telling: “This authority here on the sneak-and-peek side, on the criminal side, is not meant for intelligence. It’s for criminal cases. So I guess it’s not surprising to me that it applies in drug cases.” Feingold responded by pointing out that the Patriot Act was sold as needed to fight terrorism, not “regular, run-of-the-mill criminal cases.”
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