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Trump administration to seek stiffer penalties against drug dealers, reduce opioid prescribing

March 19, 2018 by  
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The Trump administration said it will seek stiffer penalties against drug dealers — including the death penalty where appropriate under current law — and it wants the number of prescriptions for powerful painkillers to be cut by one-third nationwide as part of a broad effort to combat the opioid crisis.

Administration officials said Sunday that the measures are part of a three-pronged approach to fighting the opioid epidemic, which killed tens of thousands of people in 2016. The White House said it aims to reduce the demand for opioids by slowing overprescribing, cutting off the supply of illicit drugs and helping those who are addicted.

“The opioid crisis is viewed by us at the White House as a nonpartisan problem searching for a bipartisan solution,” White House counselor Kellyanne Conway said.

The White House said it wants people who deal fentanyl, a powerful synthetic opioid that has caused deaths to skyrocket nationwide, to be prosecuted more aggressively. The administration had considered making trafficking large quantities of fentanyl a capital crime, because tiny amounts can kill many people, but it said Sunday that the Justice Department will seek capital punishment for drug traffickers under current federal law.

The law allows for the death penalty to be applied in four types of drug-related cases, according to the Death Penalty Information Center: murder committed during a drug-related drive-by shooting, murder committed with the use of a firearm during a drug-trafficking crime, murder related to drug trafficking and murder of a law enforcement officer that relates to drugs.

The administration is looking for new ways to crack down on fentanyl traffickers, calling for Congress to reduce the threshold needed to impose mandatory-minimum sentences on people who are convicted of dealing fentanyl and other powerful opioids that can kill people in trace amounts. It also is calling for a more aggressive policing of the Internet, where fentanyl is often purchased, and mail, where it is shipped from countries including China.

The administration’s increased focus on additional punitive measures has alarmed some who say states and municipalities have already increased arrests and prosecutions.

“The idea that we can ratchet up punishment and penalties of various sorts to address the supply is based on exactly zero evidence of the probability that this will work,” said Leo Beletsky, a professor of law and health sciences at Northeastern University.

The White House wants to sharply reduce the number of painkillers that are prescribed nationwide, aiming to slash opioid prescriptions by one-third over three years. It also wants to tighten the number of opioid prescriptions that can be reimbursed by Medicaid as a way to curb overprescribing.

In addition, the administration wants to create a national prescription-drug monitoring system so suspicious prescriptions can be flagged. Each state operates its own, and a few states have data-sharing agreements.

The administration wants to test all federal inmates for opioid addiction and provide options for treatment when inmates complete their sentences and reenter society.

The plan also calls for putting more naloxone, a drug that can reverse opioid overdoses, in the hands of more first responders. Municipalities have been struggling to pay for the drug, and fentanyl and other powerful opioids have meant that first responders must use more of it to reverse overdoses.

The administration also wants to expand the use of medicated assisted treatment, where those who are addicted to opioids are given medication under a doctor’s supervision that helps them wean off the drugs.

Several U.S. cities have said they want to open the nation’s first facilities where people are allowed to consume drugs under medical supervision, which is illegal under federal law. The White House said it does not support such facilities because they have not seen “clear and convincing evidence” that they work.

President Trump declared the opioid crisis a nationwide public health emergency, a designation that still stands. Many of the policies announced Sunday stem from a commission Trump ­convened last year. It released its recommendations in November. It is unclear how the proposals will be funded. The administration said it is negotiating with Congress on specific allocations.

Bertha K. Madras, a professor of psychobiology at Harvard Medical School and member of the president’s commission, said she is happy with the White House’s recommendations. She says that reducing the opioid supply by a third will give a tangible benchmark and that a national prescription-drug monitoring program can help reduce overprescribing. “I’m very optimistic and happy,” she said.

The administration’s proposals come amid a flurry of activity on opioids in Washington. The acting head of the Drug Enforcement Administration will testify before Congress on Tuesday about how the agency has handled the opioid epidemic, and the House Energy and Commerce Committee will consider 25 ­opioid-related bills.

Trump is scheduled to outline his plan during a speech Monday at Manchester Community College in New Hampshire. The state has one of the highest fentanyl overdose rates in the country.

His visit is expected to include a stop by the Manchester Central Fire Station, which is part of a Safe Station initiative to offer the city’s firehouses as safe places for drug users who don’t know where else to turn. When a person enters a fire station, vital signs are checked and, if necessary, the individual is sent to a hospital. If in stable condition, the person is connected with recovery and support services. The program has helped more than 3,000 people since it began in May 2016. It is being overhauled, however, because the treatment facility the city partnered with closed because it was in financial straits.

First lady Melania Trump and Conway, who has played a pivotal role in developing the administration’s approach to the opioid crisis, are among those scheduled to accompany the president.

The visit will be Trump’s first to New Hampshire — home of the nation’s first presidential primaries — since his election in 2016. But a senior administration official told reporters the trip is unrelated to Trump’s reelection plans.

Rather, the official said, Trump is coming to the Granite State — which he called a “drug-infested den” during a phone call with Mexican President Enrique Peña Nieto last year — because it has been among the hardest hit by the opioid crisis. The official also noted that Democratic officeholders have been invited to participate in Trump’s visit.

John Wagner in New Hampshire contributed to this report.

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Trump Assails Mueller, Drawing Rebukes From Republicans

March 19, 2018 by  
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Among them was Senator Jeff Flake of Arizona, a sharp critic of Mr. Trump who appeared on the same program. “People see that as a massive red line that can’t be crossed,” he said. He urged Mr. Trump’s advisers to prevail on him not to fire Mr. Mueller. “We have confidence in Mueller.”

Representative Trey Gowdy, Republican of South Carolina, said if the president was innocent, he should “act like it” and leave Mr. Mueller alone, warning of dire repercussions if the president tried to fire the special counsel.

“I would just counsel the president — it’s going to be a very, very long, bad 2018, and it’s going to be distracting from other things that he wants to do and he was elected do,” Mr. Gowdy said on Fox News Sunday.” “Let it play out its course. If you’ve done nothing wrong, you should want the investigation to be as fulsome and thorough as possible.”

The House speaker, Paul D. Ryan, Republican of Wisconsin, issued a statement likewise warning Mr. Trump to back off. “As the speaker has always said, Mr. Mueller and his team should be able to do their job,” said AshLee Strong, a spokeswoman. His counterpart, Senator Mitch McConnell of Kentucky, had no comment, as did a number of other top Senate Republicans.

Late in the day, the White House tried to douse the furor. “In response to media speculation and related questions being posed to the administration, the White House yet again confirms that the president is not considering or discussing the firing of the special counsel, Robert Mueller,” Ty Cobb, a White House lawyer, said in a statement.

The president’s tweet followed a statement by Mr. Trump’s personal lawyer, John Dowd, on Saturday calling on the Justice Department to end the special counsel investigation. Mr. Trump followed up that evening with a tweet arguing that “the Mueller probe should never have been started in that there was no collusion and there was no crime.”

The two weekend tweets were the first time Mr. Trump has used Mr. Mueller’s name on Twitter, not counting a message he once retweeted, and reflected what advisers called a growing impatience fueled by anger that the investigation was now looking at his business activities.

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The New York Times reported last week that Mr. Mueller has subpoenaed records from the Trump Organization. Mr. Trump’s lawyers met with Mr. Mueller’s team last week and received more details about how the special counsel is approaching the investigation, including the scope of his interest in the Trump Organization.

For months, Mr. Trump had been reassured by his lawyers that the investigation would wrap up soon — by Thanksgiving, then Christmas, then New Year’s. But with the expansion into Mr. Trump’s business, it seems increasingly clear that Mr. Mueller is not ready to conclude his inquiry.

A top adviser to Mr. Trump said on Sunday that the White House had grown weary of the inquiry. “We have cooperated in every single way, every single paper they’ve asked for, every single interview,” Marc Short, the president’s legislative director, said on “Face the Nation” on CBS. “There’s a growing frustration that after a year and millions and millions of dollars spent on this, there remains no evidence of collusion with Russia.”

A president cannot directly fire a special counsel but can order his attorney general to do so. Even then, a cause has to be cited, like conflict of interest. Since Attorney General Jeff Sessions, a former campaign adviser, has recused himself from the Russia investigation — to Mr. Trump’s continuing irritation — the task would fall to the deputy attorney general, Rod J. Rosenstein.

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But Mr. Rosenstein said as recently as last week that he sees no justification for firing Mr. Mueller, meaning that he would either have to change his mind or be removed himself. The third-ranking official at the Justice Department, Rachel Brand, knowing this issue could reach her, decided last month to step down. The next official in line would be the solicitor general, Noel J. Francisco, a former White House and Justice Department lawyer under Mr. Bush.

Mr. Trump sought to have Mr. Mueller fired last June but backed down after his White House counsel, Donald F. McGahn II, threatened to quit. The president told The Times a month later that Mr. Mueller would be crossing a red line if he looked into his family’s finances beyond any relationship with Russia.

The White House made no assertion last week that the subpoena to the Trump Organization crossed that red line, but Mr. Trump evidently has grown tired of the strategy of being respectful to the special counsel. His focus on Democrats working for Mr. Mueller could be aimed at demonstrating conflict of interest that would merit dismissal.

When Mr. Mueller assembled his team, he surrounded himself with trusted former colleagues and experts on specific crimes like money laundering. As the team filled out, Republican allies of Mr. Trump noted that some members had previously contributed to Democratic candidates.

In particular, Republicans pointed to Andrew Weissmann, who served as F.B.I. general counsel under Mr. Mueller. Mr. Weissmann is a career prosecutor but, while in private law practice, donated thousands of dollars toward President Barack Obama’s election effort.

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In his Sunday morning Twitter blasts, Mr. Trump also renewed his attacks on James B. Comey, the former F.B.I. director, and Andrew G. McCabe, his former deputy, both of whom, like Mr. Mueller, are longtime Republicans. Mr. Trump fired Mr. Comey last May, at first attributing the decision to the F.B.I. director’s handling of the investigation into Hillary Clinton’s private email server but later telling an interviewer that he had the Russia investigation in mind when he made the decision.

Mr. Sessions, under intense public pressure from Mr. Trump, fired Mr. McCabe on Friday after an inspector general found that he had not been forthcoming about authorizing F.B.I. officials to provide information about the Clinton inquiry in 2016 to a reporter.

“Wow, watch Comey lie under oath to Senator G when asked ‘have you ever been an anonymous source…or known someone else to be an anonymous source…?’” Mr. Trump wrote. “He said strongly ‘never, no.’ He lied as shown clearly on @foxandfriends.”

Mr. Trump went on to dismiss reports that Mr. McCabe kept detailed memos of his time as deputy F.B.I. director, just as Mr. Comey did. Mr. McCabe left those memos with the F.B.I., which means Mr. Mueller’s team has access to them.

“Spent very little time with Andrew McCabe, but he never took notes when he was with me,” Mr. Trump wrote. “I don’t believe he made memos except to help his own agenda, probably at a later date. Same with lying James Comey. Can we call them Fake Memos?”

Michael R. Bromwich, Mr. McCabe’s lawyer, fired back by accusing the president of corrupting the law enforcement system. “We will not be responding to each childish, defamatory, disgusting false tweet by the President,” he wrote on Twitter. “The whole truth will come out in due course. But the tweets confirm that he has corrupted the entire process that led to Mr. McCabe’s termination and has rendered it illegitimate.”

In suggesting that Mr. Comey lied under oath to Congress, Mr. Trump appeared to refer to a comment by Mr. McCabe that the former director had authorized the news media interaction at the heart of the complaint against him. The president’s Republican allies picked up the point on Sunday and pressed for appointment of a prosecutor to look at the origin of the Russia investigation.

“So we know that McCabe has lied” because the inspector general concluded he had not been fully candid, Representative Kevin McCarthy of California, the House majority leader, said on Fox News. “Now he’s saying about Comey — Comey may have lied as well. So I don’t think this is the end of it. But that’s why we need a second special counsel.”

Other Republicans, however, suggested that the Trump administration was going too far. Senator Marco Rubio of Florida criticized the decision to fire Mr. McCabe on a Friday night shortly before his retirement took effect, jeopardizing his pension.

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“I don’t like the way it happened,” Mr. Rubio said on “Meet the Press” on NBC. “He should’ve been allowed to finish through the weekend.” Speaking of the president, he added: “Obviously he doesn’t like McCabe and he’s made that pretty clear now for over a year. We need to be very careful about taking these very important entities and smearing everybody in them with a broad stroke.”

Sheryl Gay Stolberg contributed to this report.

Follow Peter Baker on Twitter: @peterbakernyt.


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