Luján Shares DOJ Documents Regarding DEA Fentanyl Practices, Whistleblower Reports

June AP Report Found that DEA Allowed Mass Amounts of Fentanyl Pills onto New Mexico Streets Washington, D.C. – U.S. Senator Ben Ray Luján (D-N.M.), a member of the Senate Caucus on International Narcotics Control, shared the following documents for New Mexicans to read for themselves regarding the Drug Enforcement Agency’s (DEA) fentanyl practices. Senator Luján led the N.M. Delegation calling on the U.S. Department of Justice (DOJ) Office of Inspector General (OIG) to expand its review of federal fentanyl investigations to examine Drug Enforcement Administration (DEA) practices dating back before 2024, with a specific focus on the DEA’s fentanyl practices in New Mexico. Following the Associated Press report that the DEA allowed fentanyl pills onto New Mexico streets, Senator Luján has been briefed by DEA and DOJ officials and continues to press the federal government for more information to be released to the public. The following documents are available through the U.S. Department of Justice website: November 2023: New Mexico DEA agent files complaint A New Mexico DEA agent filed a whistleblower complaint alleging that federal prosecutors had discouraged or prevented agents from stopping suspected fentanyl shipments during investigations, allowing large quantities of fentanyl to reach New Mexico communities. December 22, 2023: Office of Special Counsel (OSC) refers allegations to DOJ The OSC found the allegations serious enough to require a DOJ investigation. OSC said there was a “substantial likelihood” that the alleged conduct could involve violations of rules, abuse of authority, or a danger to the public. Link: https://www.osc.gov/~assets/cases/osc-file-no-di-24-000207-referral_redacted.pdf September 3, 2024: DOJ investigation rejects allegations DOJ’s Office of Professional Responsibility found no misconduct, finding that prosecutors and agents have discretion to let suspected drugs move rather than immediately seize them. It found the specific decisions it reviewed were reasonable under DOJ policy. Link: https://www.osc.gov/~assets/cases/osc-file-no-di-24-000207-agency-report.pdf September 17, 2024: Whistleblower disputes DOJ’s findings The New Mexico whistleblower rejected the conclusions by the DOJ, arguing that important evidence was omitted from the report and that the authorities could have stopped the drugs without compromising larger investigations. He said that hundreds of thousands of fentanyl pills were allowed to be distributed. Link: https://www.osc.gov/~assets/cases/osc-file-no-di-24-000207-whistleblower-comments_redacted.pdf September 4, 2025: OSC closes review After reviewing DOJ’s investigations and the whistleblower’s objections, OSC told President Trump that DOJ’s report met the legal requirements and that its findings “appear reasonable.” OSC accepted DOJ’s conclusion that the allegations were not substantiated. Link: https://www.osc.gov/~assets/cases/osc-file-no-di-24-000207-letter-to-the-president-redacted.pdf January 2026: DOJ Inspector General flags broader fentanyl challenge DOJ’s Inspector General warned that chemicals used to manufacture fentanyl remain a major enforcement problem. While fentanyl-related substances have been scheduled, precursors, pre-precursors, and “pre-pre-precursors” remain unregulated, and the Inspector General said DOJ should pursue additional legislation and enforcement resources. Link: https://oig.justice.gov/sites/default/files/2026-01/TMPC-2025.pdf ###