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After Spying on Muslims, N.Y.P.D. Agrees to Even More Oversight After Spying on Muslims, New York Police Agree to Greater Oversight
(about 2 hours later)
The New York Police Department has agreed to even greater oversight of its intelligence-gathering programs as it tries, for the second time, to settle a lawsuit over its surveillance of Muslims.The New York Police Department has agreed to even greater oversight of its intelligence-gathering programs as it tries, for the second time, to settle a lawsuit over its surveillance of Muslims.
A federal judge rejected a settlement in October, saying it did not go far enough to address the city’s “systemic inclination” to ignore rules protecting free speech and religion. Judge Charles S. Haight Jr. said the settlement did not sufficiently protect the rights of “law-abiding Muslims and believers in Islam who live, move and have their being in this city.”A federal judge rejected a settlement in October, saying it did not go far enough to address the city’s “systemic inclination” to ignore rules protecting free speech and religion. Judge Charles S. Haight Jr. said the settlement did not sufficiently protect the rights of “law-abiding Muslims and believers in Islam who live, move and have their being in this city.”
Lawyers returned Monday to the United States District Court in Manhattan with a new proposal that gives more power to a civilian monitor, who would now have the authority to raise questions about continuing investigations and report any suspected problems to the court. The monitor, a civilian lawyer to be appointed by the mayor, would also file annual reports to the court describing any objections to investigations. Lawyers returned on Monday to the Federal District Court in Manhattan with a new proposal that gives more power to a civilian monitor, who would now have the authority to raise questions about continuing investigations and report any possible problems to the court. The monitor, a civilian lawyer to be appointed by the mayor, would also file annual reports to the court describing any objections to investigations.
The proposed settlement would restore safeguards that were stripped away after the Sept. 11, 2001, terrorist attacks. The city argued that outside oversight of its intelligence-gathering made the city less safe. At the time, Judge Haight agreed.The proposed settlement would restore safeguards that were stripped away after the Sept. 11, 2001, terrorist attacks. The city argued that outside oversight of its intelligence-gathering made the city less safe. At the time, Judge Haight agreed.
What followed was a decade of spying on Muslim neighborhoods. With help from the Central Intelligence Agency, the department built a web of informants around the city and beyond. Detectives built files on people who appeared to have changed their names for religious reasons, and designated mosques as potential terrorist organizations, allowing the department to record sermons and watch entire congregations without ever filing charges. What followed was a decade of spying on Muslim neighborhoods. With help from the C.I.A., the department built a web of informants around the city and beyond. Detectives compiled files on people who appeared to have changed their names for religious reasons, and designated mosques as potential terrorist organizations, allowing the department to record sermons and watch entire congregations without ever filing charges.
As part of that effort, the city created the Demographic Unit, a secret squad of plainclothes officers that eavesdropped on conversations in cafes, making notes about political conversations. They chatted up store owners about their views on drone strikes and international affairs and made a note when they saw Qurans, religious calendars or customers gathering after attending nearby mosques. It was regarded as a “human mapping” program to look for possible signs of radicalization. In 2014, the police commissioner at the time, William J. Bratton, disbanded that squad as unnecessary. As part of that effort, the city created the Demographics Unit, a secret squad of plainclothes officers that eavesdropped on conversations in cafes, making notes about political conversations. They chatted to store owners about their views on drone strikes and international affairs and made a note when they saw Qurans, religious calendars or customers gathering after attending nearby mosques. It was regarded as a “human mapping” program to look for possible signs of radicalization. In 2014, the police commissioner at the time, William J. Bratton, disbanded that squad as unnecessary.
The programs were revealed in a series of Associated Press articles, beginning in 2011. The city initially denied that the Demographics Unit existed and said it conducted vigorous oversight. The articles, along with complaints about the use of stop-and-frisk tactics, helped prompt the creation of an inspector general, over the objection of the mayor and police commissioner. The programs were revealed in a series of Associated Press articles, beginning in 2011. The city initially denied that the Demographics Unit existed and said it conducted vigorous oversight. The articles, along with complaints about the use of stop-and-frisk tactics, helped prompt the creation of an inspector general, over the objection of the mayor and the police commissioner.
The department’s surveillance programs became the subject of renewed debate during the presidential campaign, when Republican candidates, including Donald J. Trump, lauded it as being effective and vital. Representative Peter King, a New York Republican and a staunch supporter of the programs, suggested to Mr. Trump during the transition that he adopt a nationwide program modeled after the Police Department’s. The department’s surveillance programs became the subject of renewed debate during the presidential campaign, when Republican candidates, including Donald J. Trump, lauded them as being effective and vital. Representative Peter T. King, a New York Republican and a staunch supporter of the programs, suggested to Mr. Trump during the transition that he adopt a nationwide program modeled after the Police Department’s.
Jethro Eisenstein, one of the lawyers who has worked on the case from the beginning, said: “This agreement shows that we can have effective law enforcement that protects us from extremist violence without demonizing any religion or group. That is a critical lesson in the current political climate.”
Mayor Bill de Blasio, a Democrat, has tried to move past the surveillance discussion and forge better relations with Muslim residents. Mr. de Blasio campaigned on promises to rein in police excesses. But his first attempt at a settlement was met with serious skepticism from Judge Haight, who said the proposal was insufficient.Mayor Bill de Blasio, a Democrat, has tried to move past the surveillance discussion and forge better relations with Muslim residents. Mr. de Blasio campaigned on promises to rein in police excesses. But his first attempt at a settlement was met with serious skepticism from Judge Haight, who said the proposal was insufficient.
In particular, the judge opposed a provision that would have allowed the mayor to eliminate the civilian monitor after five years. Under the revised settlement, the mayor cannot eliminate the position without first asking the court.In particular, the judge opposed a provision that would have allowed the mayor to eliminate the civilian monitor after five years. Under the revised settlement, the mayor cannot eliminate the position without first asking the court.
Judge Haight had also raised concerns about an August report by the Police Department’s inspector general, which found that investigators kept cases open too long and used boilerplate language devoid of case-specific facts in justifying their use of confidential informers. Though the city played down that report as minor quibbling over administrative errors, the judge said it showed “near systemic failure” of oversight. Judge Haight had also raised concerns about an August report by the Police Department’s inspector general, which found that investigators kept cases open too long and used boilerplate language devoid of specific facts in justifying their use of confidential informers. Though the city played down that report as minor quibbling over administrative errors, the judge said it showed “near systemic failure” of oversight.
The inspector general’s report also found that the Police Department’s investigations between 2010 and 2015 were justified and lawful. Police officials said the intelligence division had taken steps to correct the administrative problems before the report was issued. The report did not examine the activities of the Demographics Unit, which had already been disbanded.
Lawrence Byrne, the deputy commissioner for legal affairs for the Police Department, said that the proposed settlement “doesn’t make anyone less safe.”
“The city will be as safe tomorrow as it was last week,” he said.
The lawsuit at the heart of the case dates back nearly a half-century. Filed in 1971, the class-action lawsuit forced the end of the city’s so-called Red Squads and established rules intended to protect First Amendment rights. The rules became known as the Handschu guidelines, after one of the plaintiffs. The lawsuit has remained active for decades, serving as a check against overreaching by the police.The lawsuit at the heart of the case dates back nearly a half-century. Filed in 1971, the class-action lawsuit forced the end of the city’s so-called Red Squads and established rules intended to protect First Amendment rights. The rules became known as the Handschu guidelines, after one of the plaintiffs. The lawsuit has remained active for decades, serving as a check against overreaching by the police.
“It is a historical fact that as the decades passed, one group or another came to be targeted by police surveillance activity,” Judge Haight wrote in October.“It is a historical fact that as the decades passed, one group or another came to be targeted by police surveillance activity,” Judge Haight wrote in October.
The proposed settlement does not explicitly prohibit any investigative tactics that are currently allowed, and the city does not admit any wrongdoing. Many of the provisions of the agreement — such as barring investigations based solely on religion, race or ethnicity — have been in place for the last few years.The proposed settlement does not explicitly prohibit any investigative tactics that are currently allowed, and the city does not admit any wrongdoing. Many of the provisions of the agreement — such as barring investigations based solely on religion, race or ethnicity — have been in place for the last few years.
Judge Haight can choose to accept the settlement or send it back for more changes. A separate lawsuit, filed by the American Civil Liberties Union, would also be resolved under the proposed settlement. That lawsuit accused the city of violating the constitutional rights of Muslims and Muslim groups.Judge Haight can choose to accept the settlement or send it back for more changes. A separate lawsuit, filed by the American Civil Liberties Union, would also be resolved under the proposed settlement. That lawsuit accused the city of violating the constitutional rights of Muslims and Muslim groups.
“As religious bigotry rises to a fever pitch nationwide, this settlement sends the message that Muslims and all New Yorkers will have even stronger protections from unconstitutional religious profiling and surveillance,” said Hina Shamsi, the director of the National Security Project at the A.C.L.U.