MPP FILES COMPLAINTS CHARGING DRUG CZAR VIOLATED ELECTION LAWS

In last month's elections, for the first time in recent years more
drug reform initiatives lost than won. Why those defeats occurred is
the subject of much debate, but there are few who would fail to
include the role of an energized and organized opposition spearheaded
by the Office of National Drug Control Policy
(http://www.whitehousedrugpolicy.gov)
and its director, drug czar John Walters. Walters crisscrossed the
country in the months leading up to the elections, making stops in
states such as Arizona, Michigan, Nevada and Ohio to campaign against
reform efforts. Now the Marijuana Policy Project (http://www.mpp.org)
is fighting back, charging Walters with violating federal and state
election laws.

MPP executive director Rob Kampia drew a bead directly on Walters'
forehead in a press release preceding a press conference on Thursday,
December 5. "During the fall campaign, John Walters declared war on
the law and war on the truth," Kampia said. "Today, on behalf of US
taxpayers -- including the 5,000 who contributed to our campaign -- we
are declaring war on the drug czar for his illegal and dishonest
activities. In filing this official complaint, we are calling for the
removal of John Walters from office for gross violations of the Hatch
Act." The Hatch Act, originally enacted in 1887, bars federal
employees from carrying out certain campaign-related activities.

"Walters has committed numerous crimes against the taxpayers," Kampia
added. "He used his official authority to affect the outcome of the
Question 9 election, as well as other state drug policy initiatives,
in plain violation of the Hatch Act. Because none of this activity
was properly reported as campaign contributions, he is in equally
plain violation of Nevada campaign finance laws. Walters conducted a
campaign of lies against Question 9, using the taxpayers' money to
spread misinformation."

In Nevada, where MPP and its affiliate, Nevadans for Responsible Law
Enforcement (http://www.nrle.org) were fighting a tough battle to win
a groundbreaking marijuana legalization initiative, Walters dropped in
twice, once in July and once -- just weeks before the election -- in
October. On both occasions, he was in full campaign mode, making
stump speeches designed to elicit press coverage and even pressing his
case in meetings with major state newspaper editorial boards.

During the latter visit, Walters was in a high dudgeon about the
measure. "This is a con, and it's insulting to the voters of the
state in which it is presented," he said in one widely reported
speech. "We have a momentous decision in this state. We saw the
problem that marijuana was massively underestimated in the public mind
and if we didn't do anything it would grow," he said. "That's why I
came."

"This is the most extreme ballot issue they've done so far," he
continued, deriding the measure's backers as "misguided people who
have a lot of money and decided to make this state a guinea pig."
Referring to a pro-marijuana reform television ad featuring a retired
Las Vegas police officer, he told reporters: "You probably know some
goofballs in journalism, too."

And while Walters complained mightily about wealthy backers of the
initiative, he and his office were not lacking in funds to throw at
the campaign. Jet travel isn't cheap, and neither is the anti-
marijuana advertising campaign his office directs. Budgeted at $180
million this year, the ad campaign was in full swing throughout the
run-up to the election, treating Nevada voters (and everyone else) to
messages about marijuana and terrorism, marijuana and gang shootings,
and marijuana and accidental shootings. The taxpayers' money was
being used to finance an electoral campaign against the Nevada initiative.

By all appearances, Walters was out to defeat Question 9 in Nevada.
That is certainly how it looks to the Marijuana Policy Project, which
is crying foul. At a Wednesday press conference, MPP announced it
will file a formal "complaint of possible prohibited personnel
practice" with the federal Office of Special Counsel, charging Walters
with violating federal law by using "his official authority and
influence for the purpose of... affecting the result of an election"
- -- namely, the election that included Question 9, MPP's Nevada
marijuana initiative.

MPP also used the occasion to publicly release a letter to the Nevada
Secretary of State's office charging that Walters violated state
campaign finance laws by campaigning against the initiative without
properly reporting his activities to the state.

Walters also arguably exceeded his drug czar mandate. According to
the ONDCP web site: "The principal purpose of ONDCP is to establish
policies, priorities, and objectives for the Nation's drug control
program." Not the state of Nevada's marijuana laws. The web site job
description continues: "By law, the Director of ONDCP also evaluates,
coordinates, and oversees both the international and domestic
anti-drug efforts of executive branch agencies and ensures that such
efforts sustain and complement State and local anti-drug activities."
Again, there is nothing in that language about trying to shape
electoral campaigns about drug policy issues.

But the drug warriors are not known for their observance of
proprieties. The complaint by MPP may finally begin to confront the
drug war's front man -- and his un-indicted co-conspirators -- with
the fear of legal consequences for their misdeeds. Moral suasion sure
hasn't worked.

(Note: Yesterday's "mini-bulletin" stated that Kampia was to be interviewed
on "The O'Reilly Factor" yesterday. As often happens on TV news, the
interview was rescheduled, for December 20.)