Criticism of the NYPD's secret surveillance targeting Muslims both in and outside of New York City has been increasing, with mounting calls for investigation of the department. When a Republican governor and former top federal prosectuor of his state criticizes the NYPD for overstepping its boundaries, you know we're through the looking glass.
I know they think they their jurisdiction is the world. Their jurisdiction is New York City," Christie said, adding: "My concern is this kind of affectation that the NYPD seems to have that they are the masters of the universe."
In a masterpiece of disingenuousness, the NYPD responded:
New York City officials have been unapologetic, saying they knew of no law prohibiting them from going into New Jersey.
Nothing like a little plausible deniability. Unbelievably, an official with the NYPD justifies their surveillance of Muslim targets by claiming it was okay, because the police officers were not acting as police officers.
Andrew Schaffer, Deputy Commissioner for Legal Matters, said NYPD officers weren't acting as police officers from another jurisdiction.
"They don't exercise police power, they don't make arrests, they don't conduct searches, they don't execute search warrants. That is beyond our power outside of our defined jurisdiction," Schaffer said. "But there's no prohibition on traveling to, residing in, or investigating within the United States."
Travelling or residing, okay but investigating? No, I don't think so. This is not 'travelling or residing'.
In 2007, the NYPD's secretive Demographics Unit fanned out across Newark, photographing every mosque and eavesdropping in Muslim businesses. The findings were cataloged in a 60-page report, obtained by The Associated Press, that served as a police guidebook to Newark's Muslims. There was no mention of terrorism or any criminal wrongdoing.
To this point Gov. Christie nails their arrogance.
Speaking Wednesday night on Townsquare Media's "Ask the Governor" radio program, the governor said the Department of Justice's Joint Terrorism Task Force should have been advised. He questioned whether the NYPD's secrecy was "born out of arrogance or paranoia.
Unfortunately Christie seems more concerned that his office or NJ police were not briefed on the surveillance activities rather than the civil liberties implications of spying on American citizens of a certain ethnicity of reiligion. However, on Tuesday AG Eric Holder told a Congressional Subcommittee on his budget, that his office is beginning to consider the possibility of thinking about maybe starting to ask some questions and initiating a review about the propriety of spying on American citizens without cause.
Washington - Attorney General Eric Holder told Congress on Tuesday that, months after receiving complaints about the New York Police Department’s surveillance of entire American Muslim neighborhoods, the Justice Department is beginning a review to decide whether to investigate civil rights violations.
Holder said that police seeking to monitor activities by citizens “should only do so when there is a basis to believe that something inappropriate is occurring or potentially could occur.”
Unfortunately it seems the NYPD was able to loosen the guidelines requiring them to have specific cause to investigate someone with their modification of the
Handschu Agreement which prohibited such activity:
In 2003 a judge agreed to relax the rules. Under the new rules, known as the Modified Handschu Guidelines, NYPD intelligence chief David Cohen can act alone to authorize investigations for a year at a time. He can also authorize undercover operations for four months at a time. Most importantly, the rule requiring police to have "specific information" was loosened. It now says only that facts should "reasonably indicate" a future crime
.
The NYPD clearly believes even if they are not technically within the bounds of the law, the question can certainly be tied up in court for decades, as the original agreement was. In the meantime, they conduct surveillance here, there, and everywhere, with impunity.