Holder Takes it Easy on Drug Dealers by Handicapping Prosecutors in Drug Cases


This move is being hailed as some long overdue liberalization of America’s repressive drug laws. Here is what it is.

Attorney General Eric Holder, who has never found a law preventing actual crime that he wouldn’t trash for a partisan racial agenda, is ordering prosecutors to dodge mandatory sentences for drug dealers by hiding the amount of the drug sale.

Under a policy memorandum being sent to all United States attorney offices on Monday, according to an administration official, prosecutors will be told that they may not write the specific quantity of drugs when drafting indictments for drug defendants who meet the following four criteria: their conduct did not involve violence, the use of a weapon or sales to minors; they are not leaders of a criminal organization; they have no significant ties to large-scale gangs or cartels; and they have no significant criminal history.

For example, in the case of a defendant accused of conspiring to sell five kilograms of cocaine — an amount that would set off a 10-year mandatory minimum sentence — the prosecutor would write that “the defendant conspired to distribute cocaine” without saying how much. The quantity would still factor in when prosecutors and judges consult sentencing guidelines, but depending on the circumstances, the result could be a sentence of less than the 10 years called for by the mandatory minimum law, the official said.

Amid a rise in crime rates a generation ago, state and federal lawmakers began passing a series of “tough on crime” laws, including mandatory minimum sentences for drug possession. But as crime rates have plummeted to 40-year lows and reduced the political potency of the fear of crime, fiscal pressures from the exploding cost of building and maintaining prisons have prompted states to find alternatives to incarceration.

Crime rates have fallen because of tough on-crime laws. So the liberal uses that to argue that we don’t need the laws anymore.

  • garyfouse

    Leaving the quantity of the drug out of an indictment omits one of the most important parts of the charge. It’s kind of like omitting the amount of money stolen from a robbery charge.

    What has happened to the Justice Department I served for almost 25 years?

    Gary Fouse
    DEA retired

    • fedupMan

      Obama and Holder thats what happened. These 2 horsemen of the Apocalypse are a riding and a stomping USA.

  • patron

    We have the money for IRS dance parties and medicare for DC staffers making six figures, but we don’t have the money to keep the crack dealer off the streets. Wonderful.

    My first thoughts after reading this was Obama and Holder were setting things up to have lighter sentences when they themselves go to prison for their drug use.

    I guess he doesn’t care about the people and families destroyed by this gluttony as long as it get’s him votes. He is a past drug user, the sitting president, who is now reducing penalities for selling drugs.

    That criteria is highly subjective. The New York mob was taken out with mandatory sentencing. They couldn’t prove corrupt organization, or violence but the mandatory sentences made them plea and testify against their bosses.

    This opens the door to corruption by the drug cartel which border patrol agents say is rampant even this side of the border. No problem there until your local police officers are all blown up and shot to death and the cartel kidnaps your daughter.