The DEA had its man, and other suspects were on notice that the Bush administration meant business. But Mexico was livid and charged that Washington was flouting international law. Alvarez sued, contending that his abduction violated a U.S.-Mexico treaty. Last week, the Supreme Court ratified the DEA strike. Writing for a 6-3 court, Chief Justice William Rehnquist conceded that while the kidnapping might be"shocking," it breached no specific treaty language. And, he cited an 1886 precedent upholding an abduction from Peru. In dissent, Justice John Paul Stevens called the decision “monstrous.”
The ruling would seem to announce an open season on U.S. fugitives and a bonanza for bounty hunters. Could Uncle Sam’s Ten Most Wanted Overseas soon be arriving in handcuffs at an airline terminal near you? That isn’t likely: just because the court says it’s OK to kidnap suspects doesn’t mean it’s practical. Foreign reaction was apoplectic. Mexico announced it was suspending all DEA activity there, though it rescinded the order the next day. Other Latin American nations issued stern warnings to respect their sovereignty. The Bush administration moved to avoid an international headache; officials at five different agencies, including the State Department, told NEWSWEEK there would be no rash of cowboy operations.
That’s still official policy. The Alvarez abduction, planned at the field level, apparently was never approved by top officials. “It was embarrassing to the attorney general and secretary of State,” says Oliver Revell, a former associate FBI director. As a result, the administration in 1990 adopted a new rule: any foreign kidnapping needed approval by Justice, State and the National Security Council. Says Prof Tom Farer of American University law school, “The last thing we’re likely to do is aggravate Mexican concern, which has been made more tender by this decision.” There’s a more pragmatic reason to tread lightly: what goes around comes around. Mexico, for example, is currently asking the United States to extradite 194 suspected felons. If last week’s high-court ruling raises the specter of the Marines, it also could revive the memory of Pancho Villa.
