The New Mexico Department of Justice opened a formal investigation into allegations that the U.S. Drug Enforcement Administration knowingly allowed fentanyl pills to be distributed in New Mexico communities.
Attorney General Raúl Torrez said the investigation followed Gov. Michelle Lujan Grisham’s June 24 letter raising the allegations, according to a June 26 news release from the department. In a June 26 letter to the governor, Mr. Torrez said the department will send a Touhy letter to the federal government seeking documents and information about the DEA’s conduct in New Mexico and nationally to determine whether the alleged actions reflect a broader pattern of reckless or unlawful behavior.
Mr. Torrez said the department will evaluate the full range of legal remedies including criminal prosecution, civil litigation under the Federal Tort Claims Act and structural relief to prevent similar conduct in the future. He also noted that while state prosecution of federal officers is not foreclosed, constitutional protections for federal employees create significant legal hurdles that must be evaluated, according to the letter.
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