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Click Here: <A HREF="http://mega.nu:8080/ampp/">The Architecture of Modern
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Agency of Fear
Opiates and Political Power in America
By Edward Jay Epstein
Chapter 14 - The Magic-bullet Solution


It was Jeffrey Donfeld, the youngest member of Krogh's staff, who discovered
what appeared to be a magical solution to both the narcotics and
law-and-order problems. Donfeld first became involved in politics in 1965,
when he was elected president of the student union at the University of
California at Los Angeles, where he majored in political science. When he
went on to law school at Berkeley, he made a name for himself by opposing the
free-speech movement there. Then, in the summer of 1967, he interned with the
New York law firm of Richard Nixon and John Mitchell. He impressed Nixon with
sharp questions about the war in Vietnam, and after working briefly in
California Republican politics, he was asked at the age of twenty-five to
join the administration as a staff assistant in the field of drug control.
Initially working on such projects as inviting disc jockeys to White House
conferences and arranging drug propaganda for the administration, he acquired
the belief that "all government is 75 percent PR."

In June, 1970, Krogh sent Donfeld on a whirlwind tour of New York and Chicago
to evaluate treatment programs in those cities. Donfeld said that the doctors
operating the various programs tended to be zealots, with each "believing
that his program is the true
panacea." When he demanded some statistics to confirm the effectiveness of
the treatment program in terms of "drug recidivism arrest [records],
employment or schooling, program drop-out rates and per patient costs" he
found to his dismay that "most programs ... did not have, or would not
provide, these statistics because their programs were 'too new."' He added
sarcastically in his report to Krogh, entitled "Different Strokes for
Different Folks," "If they [the treatment programs in New York and Chicago]
were 'too new' it is because prior efforts proved to be failures and the
current program is the latest hopeful effort." Moreover, he reported that
there was no agreement at all in the medical community about what the goal of
drug rehabilitation should be. Donfeld found, however, that one form of
treatment promised to reduce crime statistics for the
administration-methadone maintenance.

Methadone, a synthetic opiate which can be manufactured in laboratories, was
developed by German scientists during World War II as a substitute for heroin
and morphine, since these natural opiates could not be obtained from the
prewar suppliers in the Middle East. After the war the formula for this
synthetic drug was given to American drug companies, and it was subsequently
manufactured for "investigative use" by Eli Lilly and Company. In
distributing the drug to doctors, the Lilly Company described it as a
"synthetic narcotic analgesic with multiple actions quantitatively similar to
those of morphine" and warned that it was "a narcotic with significant
potential for abuse with dependence-producing characteristics." Although
methadone was slightly less powerful than heroin, it produced virtually the
same sort of pain-deadening and sedative effects and was no less addictive
than a natural opiate. Because of its similarity to heroin, methadone was
initially used in government hospitals for detoxifying addicts-a procedure in
which doctors gave addicts progressively decreasing dosages of a narcotic
until they were- drug free. Since methadone could be administered to patients
orally every twenty-four hours, it proved to be a convenient detoxifying
agent in hospitals. However, it was hardly viewed as a cure-the vast majority
of detoxified addicts eventually returned to the use of illicit heroin.

In 1964 two New York City doctors found a radically different means of using
methadone to treat addiction. Under the auspices of the prestigious New York
Health Research Council, Dr. Vincent P. Dole, a research associate at the
Rockefeller Institute, and Dr. Maria E. Nyswander, a psychiatrist, initiated
a series of experiments which laid the groundwork for what was to become
known as "methadone maintenance." Rather than using methadone to withdraw
addicts from heroin progressively, Dole and Nyswander actually increased the
dosages of methadone for twenty-two addicts participating in the experiment
until they were stabilized on a higher daily dosage of methadone than they
had previously used of heroin. Since methadone was as addictive as heroin,
Dole and Nyswander merely succeeded in substituting the methadone for heroin
as the addictive agent. The idea of attempting to cure one form of drug
addiction with another, it will be recalled,-was not new. Dole and Nyswander,
however, provided a medical rationale for maintaining patients on methadone
rather than heroin. They postulated that the use of heroin caused a permanent
and irreversible metabolic change in the nervous system of an addict. This
meant that an addict could never be normal unless he had a narcotic in his
system that compensated for this metabolic disease. According to their
theory, there was no possibility of an addict's being permanently withdrawn
from drugs: it was simply a question of which narcotic he would use. Even
though methadone had all the pharmacological properties of heroin, Dole and
Nyswander found that an addict needed less-frequent administrations of the dos
age--that is, every twenty-four hours rather than every four hours-and he
Could live a more normal life on methadone than on heroin, working normal
hours. The objective of their rehabilitation program was not to render the
addict drug-free but to make him socially useful. They justified- maintaining
addicts on extremely high dosages of methadone-80 to 150 milligrams, a dosage
previously given only to terminal cancer patients-on the basis that this
established a pharmacological block against the addict's returning to heroin.
They also claimed that since addicts received their methadone free, they had
no further reason to steal money or property. In 1966, the medical team
reported, "The blockade treatment... has virtually eliminated criminal
activity [among the patients in the program]."

In this original experiment Dole and Nyswander were treating a few dozen
middle-aged addicts who for the most part had begun using heroin during or
just after World War 11, each volunteer demonstrated a strong motivation to
give up his life of addiction (and crime) before he was selected for the
experiment. Working with such a small and well-motivated group, it was not
especially surprising that Dole and Nyswander achieved successful results. As
more patients were admitted for methadone maintenance, Dole and Nyswander
resorted to using various forms of statistical legerdemain to make their
results appear more impressive than they were in terms of reducing crime and
narcotics addiction.* Indeed, other doctors tried to replicate Dole and
Nyswander's program of methadone maintenance but found that many of the
methadone patients continued their criminal careers despite the fact that
they were receiving free dosages of methadone to take home with them every
night.

* For an analysis of the various statistical artifices employed by Dole and
Nyswander, see my article "Methadone: The Forlorn Hope" in The Public
Interest magazine, Summer 1974.

In reviewing these programs, Donfeld fully realized that the data were
seriously flawed, if not intentionally distorted, to gain additional funding,
and that most of the claims of dramatic crime reduction resulted from
evaluations by self-interested parties. And though he doubted that methadone
maintenance would provide a permanent solution to the problems of either drug
addiction or crime, he did think it possible that it could temporarily
alleviate the administration's law-and-order problem by bringing about a
reduced crime statistic in urban centers with large addict populations. The
distribution of free methadone would lessen the need for addicts to steal, he
reasoned, and furthermore, local police departments had adopted the policy of
not arresting, where possible, addicts who were enrolled in rehabilitation
programs (thus, massive enrollment of street addicts in methadone programs
would automatically reduce arrest statistics in some cities). Donfeld
therefore recommended to Krogh, "Drug rehabilitation is a virgin, yet fertile
area for social and political gain."

As liaison with the District of Columbia government, Krogh had already been
briefed by Dr. Robert DuPont on the possibilities of using methadone in
Washington, D.C., based on a "filling-station" principle, in which addicts
would have the same easy access to acquiring methadone as motorists have to
gasoline. However, any sort of a national methadone program presented a
problem, as Krogh explained to Donfeld, because it implied that the
administration sanctioned the use of an addictive and highly
controversial-drug. Donfeld nonetheless suggested a way around this political
problem. In his June II visit to Chicago he spent a full day with Dr. Jerome
Jaffe, who was then director of the Illinois State Rehabilitation Program,
and found him to be not only an impressive administrator but also
"politically sensitive" to the emotional issues involved in methadone
maintenance. To avoid the charge that he was forcing addicts to become
dependent on methadone. Dr. Jaffe olffered in his programs "modalities" of
treatment, including detoxification and drug-free therapy as well as
methadone maintenance. This "mixed modality approach," or what Donfeld called
"different strokes for different folks," effectively masked the methadone
program from political criticism. Donfeld noted in a memorandum, "Jaffe sells
his mixed modality approach, though he believes that 90% of the addicts will
require methadone ... the balanced program Is political protection." One
month later Donfeld argued in a policy paper that "it goes without saying
that the primary goal [of treatment] should be to create law-abiding citizens
and thereby reduce crime" and that "methadone maintenance is the modality
which can best fit our needs." He also recommended disguising the policy of
maintaining heroin addicts on another addictive drug, explaining:

I believe that there are a number of sound reasons for describing any new
drug rehabilitative initiative of the Nixon Administration in terms of a
multi-modality approach rather than a methadone maintenance approach.

Implicit in the multi-modality approach is the notion that we are still
searching for effective techniques to rehabilitate the drug abuser. If,
therefore, there is not a perceptible decrease in the rate of crime once this
rehabilitation program is introduced, we can always claim that the effective
modality has not been found yet.

Krogh, who himself had never used any drug-not even cigarettes, alcohol, or
caffeine-felt some reluctance about recommending a massive
methadone-distribution program, but he was persuaded by Donfeld that it might
be the only answer to the law-and-order problem. Moreover, New York City's
Mayor John V. Lindsay, who then seemed a possible candidate for the
Democratic nomination in the 1972 election, was implementing a major
methadone program in his city-certainly a concern to Nixon's political
strategists. Krogh thus ordered Donfeld and his Domestic Council staff to
consider the option of a massive federal methadone program. The resulting
1970 Domestic Council summary option paper stated:

Mayor Lindsay has recently announced a 4.4 million dollar methadone program
in New York City.... If methadone does prove to be successful in New York on
a large scale, Lindsay can claim credit for taking a bold step while the
Administration remained cautiously skeptical. -
Is the goal of' decreased crime more important than the inevitable outcry
from some people in the medical community, liberals, and black militants that
the Administration is subjugating the black addict to the white man's opiate?

In 1972 citizens will be looking at crime statistics across the nation in
order to see whether expectations raised in 1968 have been met. The federal
government has only one economical and effective technique for reducing crime
in the streets-methadone maintenance.

John Ehrlichman, like Krogh, expressed serious doubts about the ,'morality
and wisdom" of distributing an addictive narcotic in the ghettos as part of
an administration program. Nonetheless, persuaded by Donfeld's assertion that
this was the only means of reducing crime before the 1972 election, he
recruited Dr. Jaffe to organize a drug review for the Domestic Council which
would develop the methadone strategy. After Jaffe completed the study,
Donfeld was assigned the task of analyzing this report and comparing it with
an earlier in-house study prepared by the National Institute of Mental Health
and other government agencies with an interest in the subject. In December,
1970, less than six months after he first learned about the possibilities of
rehabilitation, Donfeld discredited in tile resulting Domestic Council staff
report virtually all the reservations expressed by other government agencies
about the proposed massive methadone scheme. NIMH objected to the "government
... sanctioning one addiction in order to reduce the burden on society of
heroin addiction." Donfeld effectively attacked the objectivity of NIMH by
writing, "It would be an overt admission that the profession of psychiatry
has failed to deal with heroin addiction if the National Institute of Mental
Health endorsed methadone chemotherapy"; for good measure he characterized
NIMH as "privately [believing] marijuana should be legalized." Similarly, the
Food and Drug Administration (FDA), which objected because "the long-term
physiological effects of methadone are not known," was depicted as a
bureaucratic morass. The staff report commented, "FDA bureaucrats have not
made it clear to researchers precisely what data will suffice. The
researchers, who are arrogant egocentrics, are incensed at anyone who
questions their research." The failure of either the government or
researchers in private programs to produce satisfactory data about the
effects of methadone on the health of long-term users was thus cavalierly
dismissed as "bureaucratic intransigence."

The most serious objections came from the Bureau of Narcotics and Dangerous
Drugs, which suggested that methadone from government programs would
inevitably be diverted into the black market and thus lead to an entirely new
drug as well as a new law-enforcement problem. Donfeld granted that there was
no way to prevent such leakage into the illegal market, but argued that even
if this happened, it would work, at least in the short run, to the advantage
of the administration. He explained, "Though non-addicts may die from
methadone overdoses, one must question whether the costs to society are
greater than the certain deaths from heroin and attendant crime or the
potential death of innocent people." He even suggested that the leakage of
methadone from treatment programs to the black market would undercut the
price of heroin, thereby diminishing the addicts' level of criminal activity.
He reasoned in the staff report: ". . . if heroin addicts were to obtain
supplies of methadone [illegally], society is not hurt in a direct way
because methadone will help to sustain an addict until he gets his next
heroin fix: The addict will have less compulsion to commit crimes to obtain
money to buy that fix."

One important objection to the massive distribution of methadone remained:
the American Medical Association (AMA) still expressed doubts as to the
medical safety and effectiveness of the drug itself. Since John Ehrlichman
believed that there would be great political risks attached to the
government's distributing a drug that did not have the sanction of that
powerful medical group, Donfeld met on February 4, 1971, with Raymond Cotton,
whom he described in a memorandum to Krogh the next day as "second in command
of the American Medical Association's congressional liaison office ... in
Washington." Donfeld then reported on this meeting to Krogh:

The gist of his conversation was that in view of the fact that in the last
election the AMA gave 85% of its money to the Republican party and 15% of its
money to Democrats who usually support the President on key issues, he felt
that there was no reason for the AMA ever to be in the position to oppose the
substantive proposals of the Administration and Congress. He made it quite
clear that he wanted to be in the position to support the Administration on
any issue on which we might want AMA's assistance.

Donfeld responded by asking for help on the methadone problem.


He [Cotton] said that a committee of AMA was currently preparing a trial
position on methadone. I told him that it would meet with great favor at the
White House if the position paper concluded that initial results in methadone
projects seemed to indicate that it is efficacious and safe for the treatment
of heroin addiction. He got the point and said that he would keep in touch
with me on the progress of the documents....

In March, 1971, after trying to influence the scientific findings on
methadone by the American Medical Association, Donfeld proceeded to draw up a
final Domestic Council decision paper, which discounted all objections to
launching a national methadone-maintenance program. In the rush to prepare
analyses for the Domestic Council on this issue, Donfeld found there simply
wasn't time to commission any independent studies or statistical evaluations
of the existing methadone programs in various communities. The data which he
originally found unacceptable because it was shaped by the self-interest of
the various local programs was presented to the Domestic Council as
"suggestive though not conclusive" that methadone "may significantly reduce
arrest and crime records." Ehrlichman, who was never apprised of the
vulnerability of the data, accepted Donfeld's and Krogh's logic on methadone
in April, 1971.

Though Donfeld and the White House staff easily overwhelmed the muted
resistance to methadone of the discredited bureaucrats in NIMH, FDA, and
BNDD, there still remained the problem of convincing Mitchell, Richardson,
and President Nixon of the political merits of the Domestic Council plan to
distribute a highly addictive drug in urban centers. Krogh subsequently
explained:

With the President as well as Mr. Mitchell and Mr. Richardson there was a
basic hostility to developing this kind of [methadone] program.... The
President in fact expressed himself that methadone was, if anything, more
dangerous than heroin itself.... There was at first quite a strong feeling
that the government should not be funding drug addiction.... Why should we be
actually funding programs that addict people to methadone if it is nothing
more than a synthetic opium? ... It took some time to persuade both Mr.
Mitchell and John Ehrlichman that it was better to have a person on methadone
maintenance where he was identified, where he could be counselled, where he
could hopefully get a job, than to have them on the streets using heroin....
There was a feeling that it was moving too fast and more time was necessary
to study the effectiveness of it. Nevertheless, we [were] persuaded ... that
it was a doable program, that it could be on line within a year, and that
some very direct results could be presented to the President in time for the
1972 election.

When John Mitchell and Elliot Richardson read the Domestic Council decision
paper on methadone, they both reacted. is Krogh predicted, "negatively."
According to a memorandum to John Ehrlichman written on March 30, 1'971,
Mitchell recommended instead a small pilot project monitored by "a
prestigious independent committee with a staff of highly qualified experts
who have full access to the data generated by methadone and possibly other
treatment programs." Secretary Richardson expressed his opposition even more
forcefully and eloquently in a memorandum intended for the president:

All the professional agencies involved (NIMH, FDA, BNDD) are extremely wary
of a greatly expanded federal emphasis on methadone maintenance. Their fears
of an expansion of federal activities in this area must be treated with great
respect, particularly given the conjunction of these views coming from
greatly different programmatic interests.

My own view is that embarking on a national program of methadone maintenance
may court potential disaster. We would be forced into the posture of pushing
this program without the support of a generally accepted consensus of
scientific knowledge and in the face of a judgment of our professional
advisors.

The resistance was not sufficient to stop the methadone project in an
election year. On April 28, 1971, Ehrlichman arranged a high-level meeting
including himself, Mitchell, Richardson, Krogh, and their respective staff
members to resolve the methadone issue. Before the meeting Krogh met with
Mitchell and primed him on the political importance of launching the
methadone program in time to obtain results for the election; the attorney
general then reluctantly agreed "not to oppose." Handwritten notes of the
meeting, taken by Krogh's assistant, reveal that Richardson counseled against
anything more than "a careful pilot study," while Mitchell tried to assure
him that methadone was "not the answer ... but only an interim measure."

In the days following that cabinet-level meeting Krogh and Donfeld became
increasingly concerned that Richardson's articulate opposition to a crash
program would undercut their plans for reducing crime statistics. As the time
came for a presidential decision, however, Ehrlichman reassured them that
Nixon was now haunted by the specter of "hundreds of thousands of heroin
addicts returning from the wars in Vietnam." He would thus be disposed to
approve of a White House-controlled treatment program, especially if it could
be defined as a positive step toward restoring law and order. In writing the
briefing paper for the president, Krogh and Donfeld skirted around the
criticisms of Richardson and Mitchell, stating only: "Although controversial
on moral, social, and medical grounds, and although not the answer to heroin
addiction, methadone is the most effective technique now available for
reducing heroin and criminal recidivism and increasing the employment of drug
dependent persons...... The stage was thus set for the White House to direct
millions of dosages of methadone into treatment centers in selected cities in
the hope that it would bring about the dramatic results that the president
demanded.
 -----
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