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NYPD Surveillance Files of RNC Protests Ordered Released
NEW YORK -- The city must release hundreds of pages of documents related to police surveillance of protesters prior to the 2004 Republican National Convention, but they will be allowed to black out some information, a judge ruled Monday.
The city had sought to keep secret field intelligence reports prepared by undercover police officers, but U.S. Magistrate Judge James C. Francis IV called for the city to turn over those and other documents to lawyers representing hundreds of protesters challenging their arrests.
For the most part, Francis rejected city arguments that the documents were not relevant and were protected by law enforcement privilege. He did, however, say some documents and information were not pertinent and could be withheld or redacted.
Francis said they could be released in redacted form to hide the identities of undercover officers and confidential police tactics and strategies.
"Information is not privileged simply because it was obtained as a result of an undercover investigation," he wrote. "Information is privileged only when its disclosure would interfere with legitimate law enforcement interests."
More than 1,800 people were arrested at the four-day convention at Madison Square Garden, where President Bush accepted his party's nomination for a second term in office.
The New York Civil Liberties Union filed the lawsuit on behalf of some of those detained, saying the arrests violated the protesters' civil rights.
Court documents have shown that arrested protesters were held before their initial court appearances for up to six times longer than those arrested on charges unrelated to the convention.
The NYCLU argues the delays were a deliberate policy decision to keep protesters off the streets. The police contend the delays were few and were caused by a high number of arrests in a short amount of time.
Peter Farrell, a senior counsel in the city law office, said the city would decide whether to appeal after "reviewing the information the judge has ordered produced to determine whether the disclosure will compromise the programs or personnel of the NYPD Intelligence Division."
Christopher Dunn, associate legal director at the NYCLU, said he expected the NYCLU would receive some of the documents within 10 days unless the city appealed.
"We believe these documents will reveal not only the vast scope of the NYPD's political surveillance operation but also that there was no need for the Police Department's harsh treatment of protesters," he said.
Copyright © 2007, The Associated Press
17 Comments so far
Show AllProbably be another case like that of Bush appointing a committee to investigate his actions.
Thank goodness we can find out about these things and do something about them. If we are not careful, after a while you will not even hear about any of this and then you will know that we have entered a truly dark era in American history.
It is ironic that Bush talks about al-Qaeda wanting to take away our freedoms, when this administration takes away more freedoms that belong to U.S. citizens than any one. When they talk about how they want to destroy our way of life, maybe they mean huge consumption in large SUVs and monster homes. They say everything is bigger in Texas, I guess that goes for egos too.
It will be interesting to see what is "blacked" out of the reports and exactly who will choose what will be hidden. Thats the problem with these people. Even when they loose they win. They are allowed to decide what we will have access in reading based on thier agenda, not the court ruling.
Remember the release of the official Roswell Report when the UFO buffs finally won thier battle of the freedome of information act? It looked like a Zebra on most of the pages that dealt with so called sensitive information.
How can we know what's blacked out if it's blacked out?
Hey, it is a step forward and victory for the NYCLU.
Expect sheets of black paper?
Police state is comming to a town near you and SOON!
Fitting to recall in this case, I believe, is the following.
"Will Bush cancel the 2008 election?", by Harvey Wasserman & Bob Fitrakis, July 30, 2007,
http://www.freepress.org/departments/display/19/2007/2722
Quote: "It is time to think about the "unthinkable."
The Bush Administration has both the inclination and the power to cancel the 2008 election.
The GOP strategy for another electoral theft in 2008 has taken clear shape, though we must assume there is much more we don't know.
..."
I predicted, that is, said online, the very above matter two to three years ago. I warned that given what we already knew, if adequately well read up, we could imagine the above happening. It could be "smelled in the air", the "scent" was already present, that the above could indeed happen next year, with this presidential administration and the supporting govt, or Congress and Senate.
Fitrakis and Wasserman close the above mentioned article by saying, "From the public side, the only conceivable counter force might be a national strike or an effective long-term campaign of general noncooperation."
Having been among 450 protesters arrested in Philadelphia at Bush's first GOP Convention 7 or 8 years ago, I have watched the Bush regime play out with just as much criminal intent as we expected. I have been among those frustrated in our urging of impeachment and I believe we number into the millions, from all walks of life and both sides of the aisle.
An effort has begun which calls for a national strike. I urge people to visit www.pledgetoimpeach.org and sign the pledge.
Our petitions and demonstrations are not working, and it is clear that we the people are the one's who must "take back America." Individual efforts for impeachment must unite into one powerful, and unstoppable grassroots force against the dissembling of our nation. We must find a way around the intransigent fear being displayed by "do nothing" Democrats on the Hill.
Yesterday I heard something that reinforced my concerns as to where our nation is headed. Speaking at the recent GOP presidential debate John McCain said,"Democracy is not about elections, it is about a nation under law.", moments later Giuliani reiterated that idea. Is the new GOP frame for "democracy"? Not the democracy I would like to someday live under.
Seems to me that "protesters" as a group are regarded by the general populace as part of the "null set" of society. It's ok for the authorities to do anything they want and get away with it.
1800 people arrested! That's outrageous. And probably most were law-abiding, you can bet, but the cops in any large cities have prescribed methods for unlawfully rounding up folks who are exercising their rights of free speech.
Laws should be passed protecting protesters. But since the problem is ignored as though it doesn't exist, it's never brought up as an issue, so it's not on the table, not even under the table.
For background, read the Common Dreams article linked below, titled Brownshirts Dressed in Blue? posted on 2 September 2004.
http://www.commondreams.org/views04/0902-08.htm
Any information gathered in public should be immediately public domain unless there is a specific court order in pursuant to a warrant as specified in the Constitution and the Bill of Rights.
Clearly, peaceful protest and petition of the government are legal and the people should be able to see what the police are doing at the protests.
kucinich..
Just remember who employed Al Qaeda - the United States military and CIA...
One nation terrorized... indefensible & ignorant of all...
Who was the Mayor back then in 2004? Was it Giuliani, who now wants to be the next Republican President?
All of this is public info. We have every right to see it.
They're not going to get away with repeating Cointelpro, or spying, or investigating or whatever. We have to win. This is a victory for civil liberties. Once the public hears about it, there will be outrage.
This country was founded by protestors. We have a right to speak up and act up when confronting fascist tactics like mass arrests, spying and warrantless wiretaps. We won't let them get away with it. They can scream on and on about this "war on terror" nonsense, but that won't stop us.
Kucinich '08
Protestors are discovering they no longer have their First Amendment Right, Freedom of Speech. Maybe most of us no longer have any rights unless we have loads of money and a good lawyer. Bush has his speeches and appearances staged, and anyone who objects to his policies with posters is forced to leave. We have never come closer to a Dictatorship since the birth of our nation. But Bush did say he wanted to be a dictator. It's a sad thing to see our Constitutional Rights being railroaded and our Congress folding under the President who probably is using some kind of blackmail as he can spy on anyone, anytime, anywhere.