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Drug Enforcement Administration f:
mvw. don. gov
MEMORANDUM FOR THE DEPUTY ATTORNEY GENERAL 
FROM: Timothy J. Shea
Acting Administrator
SUBJECT: Drug Enforcement Administration (DEA) Request for Temporary Designation

of Non?Title 21 Authority Pursuant to 21 USC- 8T3(a}(5)
PURPOSE: Approval of Temporary Designation of Non?Title 21 law Enforcement Authority
'11th TABLE: Irrunediate

SYNOPSIS: This memorandum seeks approval for the DEA to provide support on a nationwide
basis to enforce federal criminal laws in the wake of protests arising from the death of George Floyd-
DEA requests this authority on a nationwide basis for a period of fourteen days commencing
immediately.

DISCUSSION: On May 25, 2020, George Floyd died in Minneapolis, Minnesota, after a police
of?cer kept his knee on the right side of Mr. Floyd?s neck for over eight minutes while Mr. Floyd was
handcuffed and lying face down on a city street [hiring an arrest. This incident has spawned
widespread protests across the nation, which, in some instances, have included violence and looting.
Police agencies in certain areas of the country have struggled to maintain andfor restore order-

DEA investigative authority, as set forth in 28 CPR. 0.100 and in the Controlled Substances Act.
is limited to enforcing Federal crimes related to drugs. As the federal crimes being committed in the
wake of Mr. Floyd?s death are largely not drug-related, DEA's ability to assist our counterparts is
limited. Under 21 U-S-C- however, the Attorney General is authorized to designate DEA
to perform other law enforcement duties as he may deem appropriate. Accordingly, in order for DEA
to assist to the maximum extent possible in the federal law enforcement response to protests which
devolve into violations of federal law, DEA requests that it be designated to enforce any federal crime
committed as a result of protests over the death of George Floyd- DEA requests this authority on a
nationwide basis for a period of fourteen days-

If this request is granted, DEA Special Agents and Task Force O?cers will, as necessary (1) conduct
covert surveillance and protect against threats to public safety; (2) share intelligence with ?ederal,
state, local, and tribal counterparts; (3) if necessary, intervene as Federal law enforcement of?cers to
protoct both par?cipants and spectators in the protests; and (4) if necessary, engage in investigative
and enforcement activity including, but not limited to, conducting interviews, conducting searches.
and making arrests for violations of Federal law. -

 

The Attorney General has the authority to assign non-Title 21 enforcement duties to
the DEA under 21 [1.513. which provides= in pertinent part, that the Attorney Gmeral
may authorize any o?ieer or employee of the DEA to ?perform such other lavIenforcement duties as

the Attorney General may designate." This authority has been delegated to the Deputy Attorney
CFR 0-15-

RECOMMENDATION: I hereby certify that this temporary delegation of non-Title 21 law
enforcement authority is necessary for the conduct of the activity to which it relates and that the

activity is necessary for the public safety and welfare. Therefore, your authorization and approval of
the described operation is requested

 

 

 

 

GERARD 
our: man
Concurring Comments
None
DISAPPROVE: Non?conunring Components
. None

 

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