George
Bush's Heroin Connection
Rolling Stone; New York; Oct 6, 1994; Page 40; Nadler, Eric;
Summary:
A mysterious political deal in which former
Pres. George Bush granted a last-minute commutation to a Pakistani
drug smuggler named Aslam P. Adam is discussed. The strange affair
raises questions about the former commander in chief's commitment
to his war on drugs and threatens to embarrass his party.
By Eric Nadler
While Washington ponders
the vagaries of Whitewater, a more mysterious--and more recent--political
deal continues to escape attention, a curious intrigue from George
Bush's presidency that raises questions about the former Commander
in Chiefs' commitment to his war on drugs and threatens to embarrass
his party. This fall whenever Democrats are accused of being soft
on drugs, they would be wise to tell this story.
On Jan. 18, 1993--two
days before the end of his administration--George Bush signed a paper
granting executive clemency to a heroin trafficker serving time in
a North Carolina prison. It was one of the most puzzling mercies bestowed
by a chief executive in the 206 years of presidential clemencies.
Several days later, the inmate, a slight 32-year-old Pakistani named
Aslam P. Adam, was taken from Butner Federal Correctional Institution
by U.S. Immigration and Naturalization Service agents and brought
to Atlanta for deportation proceedings. The next day, he was chauffeured
to an airport, where he boarded the first of a series of flights that
eventually took him home to Karachi, forever banned from re-entering
the U.S. It was a joyous family homecoming for Adam, who had already
served nearly eight years after federal narcotics detectives caught
him holding approximately $1.5 million worth of heroin. "God
bless Bush, God bless Bush," Adam's elderly mother gushed to
visitors after her youngest child's return. "God bless Bush."
The shortening of Adam's
sentence--he had about 47 years left but was eligible for parole in
1995--took place without fanfare, lost among a dozen other final days'
mercies bestowed upon mostly white-collar criminals, four of them
banking-law violators from Texas, one of Bush's home states.
These presidential blessings
were bestowed quietly. Unlike the controversial Christmas Eve pardons
of former defense secretary Caspar Weinberger and five other Iran-Contra
figures, this clemency was not accompanied by a White House press
release. And the Justice Department made no announcement this time
around, releasing information only after a reporter inquired.
The strange affair got
two lines in the Washington Post. The TV networks and the New York
Times were silent. Yet this kind and gentle maneuver raised eyebrows
in other quarters.
In North Carolina prosecutors
fumed; in Washington drug-war liberals voiced astonishment; and everywhere
in the world Drug Enforcement Administration (DEA) agents openly wondered
what it was that Bush was smoking. Insiders familiar with the presidential-pardon
process said that this executive action--opposed formally by federal
prosecutors and the DEA--was unusual, to say the least. "It's
one of the most bizarre things I ever heard," says William von
Raab, the former head of the U.S. Customs Service, whose agents had
snared Adam. "I waas absolutely shocked when this fellow got
out," says a former official of the U.S. Parole Commission. Even
then- Pakistani ambassador to the United States Syeda Hussain was
taken aback at Adam's commutation. "I wish I had been as effective
with President Bush as Mr. Adam," she told the Charlotte Observer,
the only media outlet to ask a few questions.
Adding to the mystery
is the fact that George Bush was not free and easy with his clemencies.
To the contrary, the 41st president was almost a Puritan in this arena.
He issued far fewer pardons (criminal record expunged) and commutations
(jail terms or fines reduced) than any president before him had in
this century. He averaged a niggardly 19 clemencies a year, compared
with Ronald Reagan's 51, Jimmy Carter's 142, Gerald Ford's 169, Richard
Nixon's 166 and LBJ's Texas-size 229. Bush turned down more than 1,000
requests for clemency during his term. Adam's was only the third commutation
he granted. But this one was by far the hardest to rationalize. After
all, George Bush was a cheerleader for "zero tolerance,"
a heated anti-drug crusader given to labeling drug pushers "domestic
terrorists" and their wares "the gravest threat facing our
nation." Indeed, during Bush's four years in office, more than
400,000 Americans were sent to federal, state and local prisons for
drug-related crimes. Right now, 655 people are serving life sentences
in federal prison for drug-related offenses. And this was a crime
involving heroin, a drug that Adam's sentencing judge, a Reagan appointee
nicknamed Maximum Bob Potter, called "poison" seven years
earlier when he denied Adam's attempts to get his sentence reduced.
Obtaining definitive answers
in the case of Aslam P. Adam is not easy. First off, George Bush has
refused to answer any questions about the Adam affair. Neither would
the man who formally pushed the release, former White House counsel
Boyden Gray. Also refusing comment is the attorney in Gray's shop
who handled pardons, Mark Paoletta. Only the pardon attorney's office
over at the Justice Department has gone on the record, arguing against
common sense--that this case was routine and that clemency was justified
(first-time offender, harsh sentence). Asked whether she encountered
any behind-the-scenes politicking, Margaret Love, the U.S. pardon
attorney, huffed, "Not a trace; not a whiff."
I went to Pakistan for
some answers. I found the Adam residence in Clifton, a fashionable
section of the sprawling port city of Karachi. A servant answered
the door of a comfortable two-story dwelling surrounded by a small
garden. She calmly took my card and asked me to wait. After several
minutes she returned to tell me that Adam "doesn't want to talk
to any reporters." Adam refused to answer my correspondence as
well, telling acquaintances later on that he was "amused"
by an American magazine's interest in his case. Pakistani police sources
I contacted checked his record and reported that the American bust
was his only offense and that Adam was not a well-known figure among
the nation's drug barons. One U.S. official stationed in Pakistan
told me that American narcotics cops stationed there are keenly aware
of the case, but they say Adam himself was a pawn in a larger game.
As the official puts it: "This guy was not a heavyweight, but
he sure as hell had some pull somewhere."
Indeed. Back in the United
States, documents obtained by ROLLING STONE from the Justice Department
under the Freedom of Information Act (FOIA) confirm that Adam had
some significant political juice behind him. His early release was
endorsed by his warden, J.T. Hadden, as well as by Michael Quinlan,
then the director of the Federal Bureau of Prisons. Coincidentally
or not, these unusual recommendations to free a convicted dope trafficker
were issued around the time that the office of North Carolina Sen.
Jesse Helms took an interest in the case. Such endorsements are "rare,"
says an executive-branch source with direct knowledge of the matter.
"The precedent of releasing heroin pushers is not something that
cautious corrections bureaucrats usually push, and they did it in
writing, for God's sakes." Hadden told me that his position was
based solely on the merits of the case, but he felt compelled to add,
"During my tenure as warden, I rarely have been asked to provide
a recommendation for executive clemency."
Is it a citizen's right
to know why the president released a convicted heroin supplier? The
Justice Department doesn't think so. It still refuses to release many
pages of material that would explain the decision, citing "intra-and
interagency confidential deliberative communications pertaining to
agency and presidential decision making."
Given the silence, tales
of political shenanigans are a natural. After all, this is George
Bush, the first director of the Central Intelligence Agency to become
president, a devout fan of covert action, a key player in the Iran-Contra
and Iraqgate imbroglios. And this is Pakistan, one of the world's
largest producers and exporters of refined heroin. A 1992 report commissioned
by the CIA quotes one source as estimating the Pakistani share of
the world's narcotics trade at about $120 billion a year. The intelligence
study noted that "heroin is becoming the lifeblood of Pakistan's
economy and political system. Those who control the production and
international transport of heroin are using their resources to purchase
protection, gain access to the highest political circles in the country,
and to acquire a substantial share in the banks and industries sold
to private investors...Narcotics money now fuels the political system."
Evidence has emerged over
the past few years that suggests a connection between Pakistan's narcotics
barons and the funding of the nation's renegade nuclear-weapons program.
"The fact that heroin dealers can have a tremendous amount of
influence on a corrupt government with nuclear weapons is very, very
disturbing," notes Jack Blum, a former investigator for the Senate
foreign-relations committee and an expert on the international drug
trade. "Bush's pardon sent the wrong signal to the wrong people
at the wrong time."
Even the prosecutors in
the Adam case don't have a clue about why he got off. "It is
certainly mysterious," says Ken Andresen, the assistant U.S.
attorney who prosecuted Adam. "This move by President Bush as
he was on the verge of leaving office strikes me as exceedingly peculiar,
given his strong rhetoric regarding his efforts to fight crime in
general and drugs in particular. There must be something more at play
here than is readily apparent."
Another law-enforcement
source speculated in the Charlotte Observer in March of 1993 that
"the Drug Enforcement Administration or the CIA wanted something
from Pakistan--and what they wanted will never see the light of day."
Who is Aslam P. Adam?
The Justice Department has refused to release a photograph of him,
but prison records say that he was born Nov. 19, 1960, in Karachi,
where he lived most of his life. He stands 5 foot 5 inches, weighs
125 pounds and has brown eyes, black hair and a scar over his right
eyebrow. Adam is the youngest son in a middle-class family. His father
owned the Sind Flour Mills, the largest in town, and his mother's
uncle had an interest in a large tea plant. Adam told his jailers
that he completed high school and worked six years for his brother,
who ran an auto dealership. His pay was between $35 and $40 a month--a
pittance compared with the cash being tossed around by members of
the drug mafia who, during the 1980s, turned Adam's hometown into
a violent and lawless metropolis, one of the most dangerous cities
on the planet. In the spring of 1985, Adam, who said he was learning
how to make gold jewelry from a friend who owned a jewelry shop, decided
to visit his sister Roshan Parekh, a resident of Charlotte, N.C. It
was his third trip to the United States in seven years.
It was also his last.
Adam's misfortune began on April 30, 1985, when U.S. Customs mail
specialist Barton Flax, working at JFK International Airport, in New
York, discovered 506 grams of 72 percent pure heroin in a tubular
package addressed to "Mr. John, P.O. Box 668086" in Charlotte.
The DEA was notified. Authorities sent the package on and staked out
the Charlotte post office. On May 7, Adam walked into the sting, removed
his tube from his post-office box and was heading away when the narcs
moved in and arrested him. Adam had been in the United States less
than a month. He told the police that he had no idea what was in the
package, that he was a jeweler and thought this was a jewelry catalog.
The cops told him to tell
it to the judge, who in this case was Robert D. Potter, the man who
sentenced evangelist Jim Bakker to 45 years. A profile in the Charlotte
Observer described Potter as "a gentleman who dispenses justice
with a heavy hand--especially to drug offenders." His average
sentence in drug cases was 10.61 years, twice the national average,
according to federal statistics unearthed by the paper. Potter listened
to Adam's plea and on Aug. 14, 1985, gave him 55 years. (Potter refuses
all comment on the Adam case today but told the Observer last year
that "I didn't know anything about [the commutation] until I
saw it in the paper.")
Adam began his appeal
almost immediately. He pursued several different tracks: First his
lawyers argued that the evidence was insufficient to convict, but
his appeal was turned down in April 1986. Then Adam contacted the
DEA and told them that yes, he was a willing smuggler who was promised
$25,000, half of which he would get from a "Mr. Farooq"
in New York for delivering the heroin. He said he withheld the identity
of his Pakistani connection out of fear for his parents' safety back
home.
His team marched back
to court, asking Judge Potter for a sentence reduction, claiming he
had given up the name of his connection. But on Feb. 6, 1987, Judge
Potter--after conferring with the DEA--ruled that Adam's information
"apparently [had] been of little use," refused to reduce
his sentence and lectured the convict: "There are people...in
this country and other countries [who]...see unlimited streets of
gold with drugs...I suppose [you] intended to return with some money,
a good bit of money made on the broken lives, broken bodies and broken
minds which this poison would create in this country."
Next, Adam's lawyer John
Stokes filed a petition to set aside the long jail term, arguing in
part that Adam should have been deported instead of getting heavy
time. But on April 7, 1989, U.S. magistrate Paul Taylor said no: "Deportation
of a Pakistani national back to the very country from which the heroin
was shipped...defies all logic and makes a mockery of the laws which
were designed to prohibit drug importation and punish serious offenders."
The 4th Circuit U.S. Court
of Appeals denied Adam's last court maneuver on March 29, 1990.
Adam acclimated himself
to life at Ashland Federal Correctional Institution, in Kentucky,
and Butner, in North Carolina, where he was transferred in 1987. The
next year, a family friend wrote to then North Carolina governor James
Martin, who reportedly forwarded the letter to the office of Sen.
Jesse Helms. Helms' office says that it routinely followed up, asking
prison authorities about the case and wondering if Adam could simply
be deported. According to the Charlotte Observer, K.M. Hawk, the warden
at Butner, wrote Sen. Helms on Feb. 22, 1988, to say that the request
to send Adam to Pakistan wouldn't work because the U.S. had no treaty
with that country for transferring offenders.
Helms' office told the
Charlotte Observer in March 1993 that it closed the case in 1988.
But FOIA documents reveal that the senator's staff stayed on the case
for at least part of the next year as Adam's family and friends turned
to the Oval Office for relief. After Adam filed an official petition
for executive clemency, the pardon attorney's office canvassed the
federal bureaucracy (prosecutors, corrections) for its stance on the
case. On Aug. 2, 1989, Butner's new warden, J.T. Hadden, surprised
some by endorsing the clemency to his superiors. Hadden, writing to
his regional director, Jerry Williford, stated that "our belief
is that Mr. Adam is an appropriate candidate for executive clemency
and recommend his sentence be reduced to time served and proceed with
deportation....While we recognize the seriousness of the offense and
the precedent such an action would set, we support this petition for
executive clemency."
Helms' office forwarded
a letter from Hadden explaining his recommendation to Adam, along
with a personally signed note featuring a smiling picture of the senator
and the typed greeting: "I am sure that the endorsed response
will make you happy."
Why was Helms, a staunch
advocate of harsh drug penalties, politicking for a foreign drug smuggler?
A member of the foreign-relations committee, Helms is an energetic
ally of the Pakistani government's and has carried its water on many
issues. Was he doing a personal favor for some friend? Helms' staffers
deny doing anything special for Adam, arguing that the senator's correspondence
were typical "buck letters," handled by a low-level office
worker who reviewed all federal clemency requests from North Carolina
inmates. "Senator Helms never heard of this guy," insists
his press secretary.
Adam's mother, Fatima,
came to the United States in the late '80s to plead the case personally
and met with then U.S. Pardon Attorney David Stephenson. He has said
that he didn't pursue the case after he learned that the prosecutor
and sentencing judge objected to releasing Adam early. "It's
not good to be recommending clemency in the case of drug offenses,"
he told the Charlotte Observer. "That's the general rule."
The case was still kicking
around when Margaret Colgate Love, a former assistant to then deputy
attorney general and ex-CIA counsel William Barr, replaced Stephenson,
who retired in 1990. In an interview, Love noted that the Adam petition
was one of 868 petitions for commutation reviewed by her office in
1992. She determined "this was not a high-risk case" and
recommended clemency on purely humanitarian grounds. Even though prosecutors
continued to protest, Judge Potter suddenly softened his stance, telling
Love that while he couldn't endorse reducing Adam's sentence, "If
he is to be deported to Pakistan immediately upon release, I will
not object to the acceleration of parole eligibility."
Love, who pushed the case
up the line, insists that she was not surprised when the clemency
was granted in the final hours of the Bush regime. "There's not
really a story here," she says. "Why are you so interested
in this?"
It can be said that the
Bush family is emerging as one of the most powerful political families
in America. With two Bush sons currently campaigning for governor's
spots in Texas and Florida, the former president cannot be counted
on for candor in this matter. At the very least, though, Republicans
should be forced to confront this mysterious affair as they prepare
for the 1996 race against an opposition they will try to label as
soft on drugs. And as we all want to know, what's Rush gonna say about
this one?