US Attorney General Issues Memo on 'Total Elimination of Cartels & TCOs'

 "Socalj" for Borderland Beat

Yesterday morning, Pam Bondi was sworn in as the new Attorney General. Two weeks since President Trump issued the Executive Order to designate cartels and other transnational criminal groups as terrorists.

That day was after the 14 day time period in which federal agencies would make their recommendations for what groups and people fall under the criteria to be designated. Bondi then issued a DOJ memo outlining the plans and methods for eliminating these cartels and criminal groups.

However it falls short of specifically designating any groups mentioned as Transnational Criminal Organizations as terrorist groups. It does however outline the enforcement benefits with groups and individuals that the NSD (National Security Division) designates as terrorists.

The full memorandum can be viewed here.

Breaking down and highlighting key components of the memo can help show law enforcement strategies going forward regarding Mexican drug cartels and transnational gangs.

MEMO TO ALL DEPARTMENT EMPLOYEES

On January 20, 2025, President Trump directed the federal government to revise existing national security and counter-narcotics strategies to pursue total elimination of Cartels and Transnational Criminal Organizations (TCOs). This policy requires a fundamental change in mindset and approach. We must do more than try to mitigate the enormous harms these groups cause in America. It is not enough to stem the tide of deadly poisons, such as fentanyl, that these groups distribute in our homeland. Rather, we must harness the resources of the Department of Justice and empower federal prosecutors throughout the country to work urgently with the Department of Homeland Security and other parts of the government toward the goal of eliminating these threats to U.S. sovereignty. This memorandum sets forth directives and initiatives to promptly commence those efforts. 

Charging Priorities

For leaders and managers of Cartels and TCOs, charges will typically include capital crimes, terrorism charges, racketeering charges, Continuing Criminal Enterprise, Violations of the Foreign Narcotics Kingpin Designation Act, Violations of the International Emergency Economic Powers Act, and Machine Gun charges.

For low-level targets, under the total-elimination policy, it will often be prudent to pursue removal from the United States of a low-level investigative target without immigration status, rather than incurring the time and resource costs associated with criminal prosecution.

Resources currently devoted to such arrests, including at the Maritime Unit of the Narcotics and Dangerous Drug Section, shall be redirected toward investigations involving inspections, interdictions, seizures, and forfeitures of commercial shipping vessels transporting narcotics, precursor chemicals, petroleum products, and/or human trafficking and smuggling victims. These activities support the operations of Cartels and TCOs, often in violation of U.S. sanctions.

Task Force KleptoCapture created under the Biden administration to enforce U.S. sanctions on Russian oligarchs will be disbanded, she said, along with some other kleptocracy-related initiatives. Resources devoted to those efforts will go to the fight against cartels and TCOs, Bondi said.

Removing Bureaucratic Impediments

Some terrorism charges and violations of IEEPA targeting Specially Designated Global Terrorists (SDGTs) allow prosecutors to proceed against members and associates of Cartels and TCOs in the absence of a specific nexus to drug trafficking or importation of contraband to the United States.

Approval requirements administered by the National Security Division (NSD) are suspended for the filing of most terrorism charges and IEEPA charges, seeking search warrants relating to such charges, and applying for material witness warrants in connection with investigations targeting members or associates of any Cartel or TCO designated as a Foreign Terrorist Organization or SDGT pursuant to the President's January 20, 2025 Executive Order entitled, "Designating Cartels And Other Organizations As Foreign Terrorist Organizations And Specially Designated Global Terrorists."

This policy does not expand (or contract) policies relating to investigations and cases involving classified information. Any prudential search requests or use authorizations deemed necessary under existing policy should be coordinated with NSD and completed prior to the filing of charges. 

Approval requirements administered by the Violent Crime and Racketeering Section (VCRS) of the Criminal Division are suspended for filing racketeering charges and violent crimes in aid of racketeering targeting all Cartels and TCOs.

The Criminal Division's Foreign Corrupt Practices Act Unit shall prioritize investigations related to foreign bribery that facilitates the criminal operations of Cartels and TCOs, and shift focus away from investigations and cases that do not involve such a connection. The requirement that such investigations and prosecutions be conducted by trial attorneys of the Fraud Section, are suspended for all matters relating to foreign bribery associated with Cartels and TCOs. 

The Criminal Division's Money Laundering and Asset Recovery Section shall prioritize investigations, prosecutions, and asset forfeiture actions that target activities of Cartels and TCOs. 

Joint Task Forces Expand

Joint Task Force (JTF) Vulcan, an initiative launched in 2019 to destroy MS-13, and JTF Alpha, which was created in partnership with the Department of Homeland Security to enhance enforcement efforts against human smuggling and trafficking groups, will also be empowered to increase their contributions to this fight. 

JTF Vulcan's mission is expanded to target TdA. JTF Alpha will continue to target human trafficking and smuggling networks, with a focus on trafficking and smuggling by Cartels and TCOs. 

Both JTFs will be supported by NSD and the Criminal Division, and their staffs will include additional AUSAs from around the country. The JTFs will engage and utilize each of the Department's law enforcement components, including Federal Bureau of investigations, Drug Enforcement Administration, Bureau of Alcohol Tobacco, Firearms and Explosives, and United States Marshals Service, and coordinate within existing legal frameworks with DHS' Homeland Security Investigations, Immigration and Customs Enforcement, and Customs and Border Patrol. 

Pursuing Legislative Changes

Legislative reforms are also being avocated for including:

• Permanently placing fentanyl-related substances on Schedule I of the Controlled Substances Act; 

• Adding xylazine, which has no legitimate human use and makes fentanyl even more lethal, to Schedule III of the Controlled Substances Act

• Broadening 21 U.S.C. § 843 to cover manufacturing and other conduct relating to fentanyl and fentanyl-related substances

• Broadening 21 U.S.C. § 333 to cover devices and materials used to make counterfeit pills, such as imprinting drugs and drug containers

• Requiring serialization of pill-press machines and the machines' critical parts to facilitate tracking and investigation by law enforcement. 

Terrorist Designation List in One Week?

Also mentioned in the memo is the following orders to the security and violent criminal and racketeering divisions.

"Within one week of the issuance of this memorandum, NSD and VCRS shall jointly propose standardized language to be used by federal prosecutors across the country to describe Tren de Aragua (TdA), La Mara Salvatrucha (MS-13), the Sinaloa Cartel, and the Jalisco New Generation Cartel in charging instruments and search warrants."

Sources DOJ

Categories: doj, Donald Trump, terrorist organizations