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NY Appeals Court Tosses Ruling on RNC Surveillance
NEW YORK — A court overstepped its authority by trying to force the New York Police Department to release of hundreds of pages of documents about its infiltration of protest groups before the 2004 Republican National Convention, an appeals court found Wednesday.
Police officers arrest a protester outside 2004 Republican National Convention. 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. (AP) The 2nd
U.S. Circuit Court of Appeals in Manhattan reversed the district
court's ruling that ordered the nation's largest police department to
turn over secret "field reports" to protesters who sued the city over
their arrests.
The ruling said that the city "met its burden of showing that law enforcement privilege applies to field reports — even as redacted by the district court — because the reports contain detailed information about the NYPD's undercover law enforcement techniques and procedures."
Before the convention, members of the NYPD's Intelligence Division went undercover and infiltrated protest groups that wanted to disrupt the convention. Information in the undisclosed documents "reinforces the city's assertions that the public faced a substantial threat of disruption and violence during the RNC," the appeals court wrote.
In a statement, city lawyer Celeste Koeleveld said the court agreed that the plaintiffs "have no compelling need for these sensitive materials."
NYPD spokesman Paul Browne also praised the decision.
"The court recognized that protecting their identities and methods of operations is important to the public interest and crucial to undercovers' safety and effectiveness," Browne said.
An attorney for the New York Civil Liberties Union — which filed the lawsuit accusing the police of violating the protesters' civil rights — said the case would go forward.
"The police documents remaining in the case are the 600 pages already produced to us, and nothing in those reports begins to justify the NYPD's mass arrest, prolonged detention, and blanket fingerprinting of law-abiding protesters and bystanders during the Convention," the lawyer, Chris Dunn, said in a statement.
In a 2007 decision later upheld by a district judge, U.S. Magistrate Judge James C. Francis had said the field reports could be released in redacted form to hide the identities of undercover officers and confidential tactics.
"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.
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22 Comments so far
Show All"met its burden of showing that law enforcement privilege applies to field reports — even as redacted by the district court — because the reports contain detailed information about the NYPD's undercover law enforcement techniques and procedures."
Makes perfect sense, if the police break the law by using secret techniques to spy on peaceful political protest, then they should get away with it because, the way they broke the law must remain secret!!!! ...do I really agree?, no. What is laughable is that, in the US, you have judges that do.
And let's be fair, you wouldn't really want the North Koreans getting their hands on the secret techniques used to round up Amy Goodman, would you???
Its all right out of Hitler's playbook.
Exactly.
And now the blaming of the weakening of this country's economy is being blamed on immigrants. Just like Hitler did with the Jews.
and here, ladies and gentlemen, the federal court of appeals delivers a crippling kick to the gut of the first amendment right of the people to "...peaceably assemble to redress grievances..."
so it goes...
If so peaceful, why so many arrest? Why can't they be lawful when demonstrating?
Oh, please, Dave, did you not see anything of this?? Why so many arrests? Are you sleeping???? You haven't realized the state of the police in this country??? They WERE lawful. I read many accounts where the rules by the police were followed to a T. They walked in two's down the sidewalk as they were told. When they got to the park, the police suddenly took out batons and screamed that everyone was under arrest.
WAKE UP, DAVE. Yeah, sure in your fairland the good and wholesome police officer only arrest when absolutely necessary and a crime has been committed. You are obviously some white guy who hasn't a clue. Try making your face black and walking down a city street. Try driving you car at night like that. I'd bet my paycheck you'd get stopped and harrassed by one of your wholesome police officers when you didn't do a damn thing wrong.
OH -- and accounts of people while they were being fingerprinted -- APOLOGIES by some of the officers that they didn't want to do this and they were just doing the bidding of the rich people. Even the cops knew these people didn't do anything wrong.
Go back to sleep, Dave. Geez.
There is usually two sides to most stories, I understand the park was ruled off limits
In a free country, people are allowed to peacably assemble in public areas without state permission, but you have exposed yourself as a police state apologist. As another poster stated, go back to sleep. Have a nice glass of kool-aid while watching Faux McNews.
Sorry Dave but I was there and what was described above is absolutely true. They lured legal protesters and pedestrians at random into areas of the streets which they shortly blocked off on either side, tied them up and hauled off in buses. It was a coordinated roundup of as many as they could scoop up. I even heard of people with take-out in their hands being caught before they could enter their apts. This is pre-emptive law enforcement like the pre-emptive war in Iraq. Free speech and free assembly is an anathema to these people. This was also the Minneapolis Police strategy in 2008 that got them in so much trouble.
Sorry dude, we really do live in a neo-liberal paranoid police state lead up by dems and reps. When I got home all I heard was "well someone must have been doing something to cause their arrest". Sorry to burst your bubble, but I saw it with my own eyes. If you want a good documentation example of what happened take a look at the really great short film on the NYC "attack" on Critical Mass the Friday preceeding the 2004 RNC ("Still We Ride"). Out and out viciousness by police doing what management tells them to do. It's a sick country right now. Sad.
and to think the world clamors for our marvelous justice system...not.
Since corporations are now people, how do we go about getting their executives arrested for unlawful assembly?
This latest court ruling is an example of how our country is getting worse, instead of better.
Where are all the millions of Americans who thought that the Soviet Union, during Stalin's time, was horrid?
Why don't the majority of Americans NOW realize that America is becoming more and more like Stalin's U.S.S.R.?
Thom Hartmann, one of my heroes, says that America is becoming a Police State.
New York had a police riot in the 1980's called the Tompkins Square Park Riot, where cops were videotaped beating innocent bystanders with clubs as they tried to climb on top of cars and vans for safety.
It was all neatly covered up by official investigation.
Ten years ago the federal statutes forbade the kind of police undercover infiltration against peacful political groups.
Then came 9/11.
Today infiltration is not only allowed, it's not subject to any meaningful regulation or restraint, because the police activities and all pertinent records are secrets IN THE INTERESTS OF NATIONAL SECURITY.
"An appeaser is one who feeds a crocodile—hoping it will eat him last." - Winston Churchill
Just once, I would love to see one of these set ups blow up in the NYPD's face. You know, something like, their undercover operative comes back and tells them that they have a bunch of would be terrorists on their hands. So the NYPD rushes in and arrests the whole group of protesters, then finds out to their horror, that everyone that they arrested were undercover FBI, DEA, Treasury Agents, NSA, CIA, RNC, DNC, U.S. Marshalls, The USA Chamber of Commerce, New York State Police plus the wino sleeping on the street corner. Of course, I'm sure the New York Times would come up with a completely believable story to spin!
Blame it on those Mexican kids throwing Rocks and shoot more of them. That will be sure to "Restore the Constitution".
No liberal crybabies complaining that the radicals are at fault for the NYPD acting like the Gestapo? We just might be making progress on left-left relations. If the autonomous social movements get big enough, they won't be able to stop all of us, but it has to come sooner than later or that might not be the case.
The only "threat to the public" at the 2004 RNC protests came from the NYPD. Just read up on the history of that event.
I'm not sure if an editing mistake occurred or not, but this AP story states the following: "members of the NYPD's Intelligence Division went undercover and infiltrated protest groups that wanted to disrupt the convention...."
So, how did the NYPD know the protesters wanted to disrupt the convention BEFORE going undercover? It makes no sense to follow that logic, unless you're a crooked cop.
Where's the probable cause? Political speech and assembly aren't crimes. They are Constitutionally guaranteed rights.
I'm not surprised that we have bat-shit crazy judges. They certainly don't respect the Constitution at all. And in this case, it looks like they delivered a hearty "F.U." message to the little people.
Maybe people should just start recording cop conversations - in restaurants and on radio bands. This story just told me about cops breaking the law and getting away with it. That's probable cause to me.
-TIA
"The court recognized that protecting their identities and methods of operations is important to the public interest and crucial to undercovers' safety and effectiveness,"
It's a familiar sight in 21st Century Oceania to see corrupt institutions serving elite masters co-opt the ideas of justice and public interests, so that injustice becomes justice, and elite interests become public interests in 21st Century Oceania.
Yes the cops continue to ignore the Constitution with the court's full approval, and people are wondering why? The police, the court systems, the military, the news media are all owned and controlled by the Korporate Monster!
The Korporate Monster also owns and controls the DP and the RP, thus they win no matter which of the parties runs a candidate!
The real tragedy is that some still believe that capitalism can somehow be reformed???
Oh well I am looking forward to retiring. I intend to go to either Cuba or Venezuela. You all can keep your precious "liberty and bullshit democracy"!