Deaths of 2 CIA agents in Mexico lead to treason charges against former state attorney general

A former Mexican state attorney general could face trial for treason over accusations that he illegally launched a joint operation with the CIA without telling the federal government.

The operation to dismantle a drug lab in the state of Chihuahua in northern Mexico in April drew attention after two CIA agents and two state officials died in a car accident on their way back.

That raised questions about the Trump administration's actions on Mexican soil, and outraged President Claudia Sheinbaum, who has made a strong defense of national sovereignty a centerpiece of her administration. The state district attorney, César Jáuregui, resigned, saying he wanted to clear the way for an inquiry into the operation.

He was arrested Oct. 17 on state charges of illegal exercise of public office, which a judge ruled Thursday can go to trial. Federal officials later added the treason charge, and a federal judge will decide Saturday whether to allow the indictment.

Earlier this year, a statement from Mexico's Ministry of Security said one U.S. agent entered Mexico as a visitor while the other entered with a diplomatic passport.

"None had formal accreditation to participate in operational activities in national territory," the security ministry said. 

Mexico has long worked with the U.S. in its fight against organized crime, but that's caused fears at times that American agencies do not respect the country's sovereignty. Sheinbaum and her predecessor Andrés Manuel López Obrador have made legal changes that aimed to stop foreign agencies from operating in Mexico without the federal government's consent.

Jáuregui held at a maximum-security prison

Héctor Villasana, one of Jáuregui's defense attorneys, said federal prosecutors told the court in a closed hearing this week that they were seeking an exemplary punishment to prevent a situation like the United States' removal of Venezuelan President Nicolás Maduro.

The U.S. State Department told The Associated Press that it is aware and watching Jáuregui's case but didn't make a link between the case and the CIA deaths.

Here's how a traffic accident in the mountains of Chihuahua led to a charge of treason - a crime Mexico has not successfully brought to trial in decades despite one recent attempt.

An accident in the Chihuahua mountains

On April 19, the Chihuahua Attorney General's Office reported the dismantling of a drug lab in the municipality of Morelos, in the mountains of that state. On the way back, a vehicle in the convoy veered off the road and fell into a ravine. Two state agents and two Americans were killed.

In a news release, the state attorney general's office identified the two Mexican casualties as first commander of the state investigation agency Pedro Román Oseguera Cervantes and officer Manuel Genaro Méndez Montes. The U.S. agents killed were "instructor officers" who "were carrying out training tasks" as part of binational anti-drug cooperation, Jáuregui told reporters at the time. Jáuregui called the targeted labs "one of the largest sites found in the country where chemical drugs were produced."

The Federal Security Cabinet reported the dismantling of laboratories there during a joint operation by the state prosecutor's office and the army but did not provide details.

The operation ended without arrests because the criminals fled.

Treason is a hard-to-prove crime

According to the federal prosecutor's office, Jáuregui endangered national security by authorizing the participation of U.S. agents in the field operation, a decision that only the federal government can make. Experts say it is a political decision ahead of the 2027 Mexican midterm elections.

The charge carries from 5 to 40 years in prison, but it is very difficult to prove.

Samuel González, a former chief prosecutor for organized crime and an analyst, said that Jáuregui may have failed to fulfill his obligations by not informing the federal government or by allowing the foreign agents to carry weapons in violation of the law. But "even if that were the case, it would not constitute treason," a wartime crime.

Luis Villegas, the former prosecutor's defense coordinator, said it was unacceptable for the federal prosecution to compare the presence of the agents to a foreign "invasion."

Carlos Pérez Ricart, a professor at the Mexican university CIDE and author of the book "A Hundred Years of Spies and Drugs," said that even if the case is ultimately dismissed, its public impact will be huge.

Mr. Trump has repeatedly said Mexico isn't doing enough against the cartels. Sheinbaum's opponents, including Chihuahua's governing National Action Party, have claimed that she's running a "narco-government."

Pérez Ricart said the case could set back the country's fight against drugs and organized crime because it "sends a very bad signal to Washington," while the discussion should center on "more or better" collaboration with the U.S.

Official contradictions about the agents' role

Villegas said that the two Americans who died were officials providing training related to intelligence and drones. U.S. Ambassador Ronald Johnson just stated that they were "embassy personnel." Multiple people familiar with the matter later confirmed to CBS News they were CIA agents. The CIA declined to comment. 

According to Jáuregui's defense team, the federal prosecutor's office said the agents were close to the person who led the operation, the Chihuahua investigations chief, who was one of two deceased Mexicans.

The day of the operation there were two other U.S. agents in the convoy traveling in another vehicle, who were later expelled from the country. The president said none of them had permission to operate in Mexico and that the military was unaware of the foreigners' presence.

The next day, Sheinbaum said she was unaware of the operation. Jáuregui clarified that the Americans had joined the group after it.

Presence of U.S. agencies in Mexico

The presence of U.S. agencies in Mexico has been a constant for decades, although former President Andrés Manuel López Obrador (2018–2024) limited their activities, and Sheinbaum amended the Constitution to prohibit field operations without the express authorization and cooperation of the Mexican government. The law does not allow members of U.S. agencies to be armed.

Ricart, the professor, said that, beyond official relations, there have always been anti-drug agents involved in operations of this kind, "often without the federal government's knowledge."

"These actions happen, have happened, and will continue to happen" because they are based on U.S. trust with state or local officials and facilitate ongoing collaboration," he said.

"However, since there are no clear rules, they can lead to abuses."

Mexico has announced the dismantling of numerous drug labs in recent months after Mr. Trump threatened possible military action to curb drug trafficking. 

In February, Mexican naval personnel discovered a hidden drug laboratory in the country's Durango region and "neutralized" over 5,000 pounds of methamphetamine. In January, authorities announced more than 1,500 pounds of meth were seized from clandestine laboratories in the states of Durango, Sinaloa and Michoacán.