Snitching

Criminal Informant Law, Policy, and Research

Alexandra Natapoff

David Headley: another drug/terrorism informant works both sides

by

According to the New York Times, David Headley, drug-dealer-turned-informant-turned-terrorist, was working for the DEA while collaborating with Pakistani terrorists who eventually attacked Mumbai, India in 2008. Headley has pleaded guilty to his role in that attack, and is currently cooperating with the government in an effort to avoid the death penalty. Story here: DEA Deployed Mumbai Plotter Despite Warning. Part of India’s anger over the incident stems from the fact that the DEA had been warned repeatedly by several people who knew Headley that he sympathized with terrorist groups, but, ignoring the warnings, the DEA nevertheless persuaded a court to take Headley off probation and sent him to Pakistan in 2001. From the Times:

In recent weeks, United States government officials have begun to acknowledge that Mr. Headley’s path from American informant to transnational terrorist illustrates the breakdowns and miscommunications that have bedeviled them since the Sept. 11 attacks. Warnings about his radicalism were apparently not shared with the drug agency that made use of his ties in Pakistan.

The director of national intelligence, James R. Clapper Jr., began an investigation into Mr. Headley’s government connections after reports last month that two of the former drug dealer’s ex-wives had gone to American authorities between 2005 and 2008, before the Mumbai attacks, to say they feared he was plotting with terrorists. Combined with the earlier warning from the former girlfriend, three of the women in Mr. Headley’s life reported his ties to terrorists, only to have those warnings dismissed.

An examination of Mr. Headley’s story shows that his government ties ran far deeper and longer than previously known. One senior American official knowledgeable about the case said he believed that Mr. Headley was a D.E.A. informant until at least 2003, meaning that he was talking to American agencies even as he was learning to deal with explosives and small arms in terrorist training camps.

An NPR story this morning explains the breakdown in official communication by noting that the DEA would have been protective of its informant and unlikely to share his identity with other agencies, Warnings Overlooked in Case of American Tied to Mumbai Attacks. But this is only part of the story. As the Times points out, the DEA ignored the warnings precisely because Headley was a long time and valuable informant. This is the same blindspot that earlier this year led CIA officials to bring a prized informant to a base in Afghanistan, only to see him turn suicide bomber — see Afghan suicide bomber was informant-double-agent.

This debacle illustrates the significant costs of the criminal informant compromise. First, informants avoid punishment for their own crimes–Headley served less than two years in prison although he could have faced up to nine years for distributing 15 kilograms of heroin. Second, as the government grows increasingly reliant on its criminal sources, officials come to tolerate informant crime, double-dealing and inaccuracy as a routine part of the compromise. Because the dominant culture of informant management is one of secrecy, even as between government agencies, this further weakens the process of intelligence-gathering, information-sharing, and law enforcement. Since the government maintains that it cannot conduct the war on terror without informants, it is time to rethink the rules of this risky public policy.

Huffington Post on the Rachel Hoffman Story

by

Huffington Post has this story on the tragic death of Rachel Hoffman — Lethal Sting: How the War on Drugs Killed a College Student.Journalist Vince Beiser unearths new details about the young woman who became a drug informant in Tallahassee and was killed during a sting. Her death led to the passage of important legislation in Florida last year, which requires new police guidelines for the creation of informants–previous post here.

“America’s most successful stop snitchin’ campaign”

by

Another excellent piece from journalist Radley Balko at Reason.com– American’s Most Successful Stop Snitchin’ Campaign. This piece elaborates on the subject of Eric Miller’s last post, chronicling the retaliation and punishment openly inflicted on police officers who have broken the code of silence and reported official wrongdoing in cities such as Kansas City, New York, and Albuquerque. From the article:

In his book Breaking Rank: A Top Cop’s Expose of the Dark Side of American Policing, former Seattle Police Chief Norm Stamper explains the implicit threats that make the Blue Wall so successful:

“You have to rely on your fellow officers to back you. A cop with a reputation as a snitch is one vulnerable police officer, likely to find his peers slow to respond to requests for backup-if they show up at all. A snitch is subject to social snubbing. Or malicious mischief, or sabotage…The peer pressure is childish and churlish, but it’s real. Few cops can stand up to it.”

Which makes it all the more important that police administrators and political leaders support and protect the cops who do. The most disturbing aspect of these stories is not that there are bad cops in Kansas City, New York, and Albuquerque. It’s not even that other cops covered for them, or that police unions have institutionalized the protection of bad cops. The most disturbing part of these cases is that the cover-up and retaliation extend all the way to the top of the chain of command–and that so far there has been no action, or even condemnation, from the elected officials who are supposed to hold police leaders accountable.

Tribal Law and Order Act of 2010

by

My student, Sam Dickhut, is writing a great paper on the Tribal Law and Order Act of 2010 that incidentally raises an interesting issue about snitching. His paper, and the Act itself, responds to a recent Amnesty International study finding that a disproportionate number of rapes (two-and-a-half times the non-native population) are perpetuated against the American Indian and Alaskan Native communities of the United States. Almost one third of the rapes are committed by non-Native American visitors on tribal lands, and these stranger rapes are disproportionately likely to be violent.

A central contributing factor, Sam argues, is the case of Oliphant v Suquamish Indian Tribe, 435 U.S. 190, 193 (1978), which holds that tribal courts do not have jurisdiction over non-Indians. Accordingly, rapes must be investigated and prosecuted by the federal government. And the government faces two, snitching-related obstacles.

The first obstacle is the difficulty of obtaining information from the white communities abutting tribal lands, given variety of racial and cultural stereotypes that are applied to the rape victims. Not only are such communities unwilling to snitch on the perpetrators of sexual crimes, they dominate the jury pools, rendering it difficult to prosecute such cases to a conviction.

The second obstacle is the historically fraught relationship between the Native population and the government. Lacking specific training to deal with the cultural norms and practices that they will encounter on tribal lands, and residing outside the community, investigators and prosecutors often lack the sort of relationship with tribal officers or members, and so cannot generate the information necessary to prosecute such cases.

The Tribal Law and Order Act proposes to solve the problem of rape prosecutions, in part by increasing the law enforcement competence of the currently underfunded and under-trained tribal officers, as well as granting tribal courts additional sentencing powers. But treating the problem as one of tribal enforcement rather than federal enforcement perpetuates the idea that this is a tribal problem, rather than a federal one.

Instead, the problem of snitching should be addressed head on as the Indian Law Commission, which was created by the Act, conducts hearings over the next three years in order to develop proposals for further legislation. Alexandra Natapoff’s work on snitching, especially when read against the background of David Harris’s “Good Cops,” suggests the problem is not communities’ refusal to cooperate with the police, but the police’s lack of interest or training in dealing with specific communities in a consistently engaged and thoroughgoing manner. The Tribal Law and Order Act provides an amazing opportunity for the federal government, through the FBI and the U.S. Attorney’s office, to right current injustices as well as historical wrongs by engaging in the sort of community outreach to develop the sort of partnerships productive of understanding and trust in the target communities that stop snitching advocates consistently recommend. That work is often hard, and faces difficult cultural obstacles. But it produces the sort of policing that is the mark of the good cop, and in this case could have a major social and cultural impact.