The War on Terror-and-Drugs Turns Inward

The Treasury Department named the US-Central American gang Mara Salvatrucha (MS-13) a Transnational Criminal Organization, meaning it can apply terrorist-type financial sanctions against the group and its members.

This strikes me as a worrying new precedent. Previously, Treasury had sanctioned Los Zetas, Brother’s Circle, the Camorra, and two Yakuza groups. While all operated in the US–Los Zetas has significant operations–MS-13 was first formed in the US, in Los Angeles, with close ties to El Salvador. Treasury says Immigration and Customs Enforcement has arrested 4,078 MS-13 gang members, so this affects a significant number of Americans.

In other words, this will repeat and probably escalate what we saw after 9/11–asset freezes of American citizens with little due process–in such a way that disproportionately affects one ethnic or religious group.

I also wonder whether this move intends to give additional legal cover for DEA’s operations in Central America–backed by Special Forces–particularly Honduras. At a time when many of the leaders of the countries that will be targeted are increasingly opposed to the war on drug, we’re ratcheting up the legal framework to make it look just like terrorism.

Maybe this is all very smart law enforcement. But it’s the creeping application of intelligence-based enforcement without much debate about whether such an approach infringes on Americans’ rights.

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10 Responses to The War on Terror-and-Drugs Turns Inward

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Emptywheel Twitterverse
bmaz Hateful Eight looked killer; great writeup from Kim RT @SunsetGunShot Thoughts on The Hateful Eight live read http://t.co/JnaJqVs559
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bmaz @laRosalind The red is the best color on the Tesla. Would look even better on the Jaguar Musk STOLE his body design from.
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bmaz @BradMossEsq @SpyTalker At any rate, this is minuscule in relative scope, but helpful in showing there can be a deal cut.
36mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker Whether it is successful, or to what extent, who knows. But it is usable infer and precedent for fashioning the arg.
46mreplyretweetfavorite
bmaz @BradMossEsq @SpyTalker Irrespective, you get there by making arguments; I could sure fashion this and other cases into one.
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bmaz @SpyTalker That is a completely different criminal jurisdiction. Also, a defense atty has to try everything he can. I'd find this useful.
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bmaz @SpyTalker Is it a "winning" argument, no of course not; is it useful for mitigation, absolutely.
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bmaz @SpyTalker What displays is govt can move downward on such charges, there IS precedent; and there are many other instances too.
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bmaz @SpyTalker They are not in scope. But if you look at general overview, both involve removal of class info, both charge espionage etc.
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bmaz @SpyTalker also, stop calling me Shirley!
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bmaz @SpyTalker Mostly, yes. But it fits into an overall defense theme I've had in mind for a while as far as plea and sentencing.
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bmaz RT @MikeScarcella: Then: Six felony counts (three under Espionage Act). Now: One misdemeanor http://t.co/G2oKpbHl2h New charging doc: http:…
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