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Re: F6 post# 168536

Wednesday, 02/29/2012 3:54:20 AM

Wednesday, February 29, 2012 3:54:20 AM

Post# of 480963
Justice Dept. in beginning stage of reviewing complaints about NYPD surveillance of Muslims

By Associated Press, Updated: Wednesday, February 29, 2012 1:58 AM

WASHINGTON — Months after receiving complaints about the New York Police Department’s surveillance of entire American Muslim neighborhoods, the Justice Department is just beginning a review to decide whether to investigate civil rights violations.

Attorney General Eric Holder told Congress the status of the review Tuesday.

The announcement bothered some Democrats, who said they were under the impression the Justice Department had been reviewing the matter since last late last year.

Documents obtained by The Associated Press show that the NYPD has built databases pinpointing where Muslims live, where they buy groceries, what Internet cafes they use and where they watch sports. Dozens of mosques and student groups have been infiltrated, and police have built detailed profiles of Moroccans, Egyptians, Albanians and other local ethnic groups. The NYPD surveillance extended outside New York City to neighboring New Jersey and Long Island and colleges across the Northeast.

Holder told Congress 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.”

Holder responded under questioning by Rep. Mike Honda, D-Calif., who as an infant was sent with his parents to a Japanese internment camp during World War II and has compared that policy to the NYPD’s treatment of Muslims. The attorney general was on Capitol Hill to discuss the Justice Department’s federal budget.

Holder did not suggest that a Justice Department investigation of the NYPD was imminent. Over the last six months, the AP has revealed the inner workings of secret programs of the NYPD, built with help from the CIA, to monitor Muslims.

“I don’t know even if the program as it has been described in the news media was an appropriate way to proceed, was consistent with the way in which the federal government would have done these things,” said Holder, who was born in the Bronx and described New York Police Commissioner Ray Kelly as a personal friend. “I simply just don’t know the answers to those questions at the beginning stages of this matter.”

That surprised Rep. Rush Holt, D-N.J., one of the first lawmakers to ask the Justice Department to scrutinize the NYPD’s operations.

“They very definitely gave me the sense that they were farther along in their investigation than just reviewing some mail,” Holt said.

Honda said his goal Tuesday was to push the issue so that Holder pays more attention to what’s going on in New York.

The AP has reported that some of the NYPD’s activities — such as its 2006 surveillance of Masjid Omar, a mosque in Paterson, N.J. — could not have been performed under federal rules unless the FBI believed that the mosque itself was part of a criminal enterprise. Even then, federal agents would need approval from senior FBI and Justice Department officials.

At the NYPD, however, such monitoring was common, former police officials said. Federal law enforcement officials told the AP that the mosque itself was never under federal investigation and they were unaware the NYPD was monitoring it so closely. According to secret police files obtained by the AP, the NYPD instructed its officers to watch the mosque and, as people came and went from the Friday prayer service, investigators were to record license plates and photograph and videotape those attending. The file offered no evidence of criminal activity.

The FBI also would be prohibited from keeping police files on innocuous statements that imams made during sermons, which the NYPD did. In addition, the FBI would not be allowed to keep police files on Muslim students for discussing academic conferences online and would not be allowed to build databases of Americans who changed their names to ones sounding Arabic, which the NYPD did.

Since late August, 34 members of Congress, Muslim civil rights groups and most recently Ivy League universities and New Jersey officials have asked the Justice Department to investigate the NYPD’s intelligence division. The Obama administration has pointedly refused to endorse or repudiate the NYPD programs, which the AP reported Monday are at least partly funded under a White House federal grant intended to help law enforcement fight drug crimes.

“Our examination of this has been limited at least at this point to the letters that have come in,” Holder said. “We’re only beginning our review. I don’t know if federal funds were used.”

Holder said there were 17 or 18 Justice Department investigations about how police around the country interact with citizens. “I’m not saying that will be something we would do here, but if we think that there’s a basis for it, we will do that,” Holder said.

Federal investigations into police departments typically focus on police abuse or racial profiling in arrests. Since 9/11, the Justice Department has never publicly investigated a police department for its surveillance in national security investigations.

In New York, Mayor Michael Bloomberg on Tuesday invoked the 1993 terrorist bombing of the World Trade Center and the successful attacks in 2001 that destroyed it, in a renewed defense of the NYPD. “We said back then we are not going to forget this time around,” he said. “We will not. We are not going to forget.” He added, “To let our guard down would just be an outrage.”

Bloomberg said criticism of the police department actions was “just misplaced” and “pandering.”

Universities including Yale, Columbia and Rutgers have joined in criticizing the NYPD for infiltrating Muslim student groups and trawling their websites. Police put the names of students and academics in reports even when they were not suspected of wrongdoing. And in Newark, N.J., Mayor Cory Booker said he was offended by the NYPD’s secret surveillance of his city’s Muslims.

New Jersey Gov. Chris Christie and the president of Rutgers University in New Jersey have urged the state attorney general to investigate the NYPD’s surveillance activities. Sen. Robert Menendez, D-N.J. has also urged Holder to look into the NYPD’s operations outside New York.

Associated Press writers Matt Apuzzo in Washington, Samantha Gross in New York and Bruce Shipkowski in New Jersey contributed to this report.

Copyright 2012 The Associated Press

http://www.washingtonpost.com/politics/courts_law/justice-dept-in-beginning-stage-of-reviewing-complaints-about-nypd-surveillance-of-muslims/2012/02/29/gIQAmrZbhR_story.html [no comments yet]


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Chronicles of a Paranoid Nation: the Deciduous-Infrastructure Factor

James Fallows
Feb 27 2012, 12:35 PM ET

(Please see updates below.) David Hobby, the photographer who runs the popular Strobist site [ http://strobist.blogspot.com/ ] and photostream [ http://www.flickr.com/photos/31454864@N00 ], has a sobering account [ http://strobist.blogspot.com/2012/02/how-to-avoid-dealing-with-police-when.html ] today of how he got in trouble with the police for taking this picture [ http://www.flickr.com/photos/davidhobby/303928696/in/photostream ] of a tree.



Sample of what he describes:

'If You See Something, Say Something'

That's the slogan. But it is, of course, overly broad and simplistic. Which means that your average mouth breather can interpret it however he or she wants. And the einstein who reported me as a "suspicious person" called me in while I was making this benign photo as part of a multimedia time-lapse on autumn:

I was called in as, and I quote, "Somebody suspicious and lots of flashes of light going off."

At least that is how the cop described it when she pulled up to me, bubble gum lights blazing, to ask me what I was doing. And anyone who knows me knows that my immediate reaction was to resort to humor laced with sarcasm.

"Well, I am either a photographer taking an innocuous photo of a maple tree," I said, "or I'm al Qaida, casing our critical deciduous infrastructure."

This did not go over well.


Meta-point reminder: the challenge in dealing with any threat, from international terrorism to domestic crime to infectious diseases to mayhem of any sort, is to maintain a balance between the steps you take in the name of security, and the steps you deliberately don't take, in the name of preserving liberty and some kind of normal unmonitored life. Over the past ten years, "security" measures have too often worked like a ratchet, being added in the name of thwarting some new threat ("no liquids or gels") and very rarely being removed. As a matter of practical politics, this is easy to understand. A politician runs practically zero risk in urging new "protective" measures, but faces tremendous risk in urging that we lighten up (since the politician will be blamed for whatever accident / crime / attack later occurs).

Thus it's worth continuing pressure against further movement of the ratchet. American society is becoming steadily more policed, monitored, and suspicious, which will continue unless we resist. Thanks to JZ for the tip.
___

Update 1: As Michael Cohen and Micah Zenko point out in a Foreign Affairs article "Clear and Present Safety [ http://www.foreignaffairs.com/articles/137279/micah-zenko-and-michael-a-cohen/clear-and-present-safety ]," the United States is in fact less threatened by enemies foreign and domestic than it has been in a long time, and certainly less than much political rhetoric suggests.

Update 2: As Michael Ham points out on his "Later On [ http://leisureguy.wordpress.com/2012/02/27/strange-juxtaposition/ ]" site, the latest horrific schoolyard shooting, today's in Ohio, is somehow exempted from the category of "threat" that urgent action is required to prevent. As he says:

The slightest effort to make firearms less readily accessible--particularly to those we least want to get them--is shot down (as it were) by the National Rifle Association and their paid Congressional hirelings.

Does anyone else find this juxtaposition odd? Timorous about flying, but willing to be shot to death in malls and schools. Strangely fearful on the one hand, fatalistically accepting frequent stupid deaths on the other. Going to any lengths--regardless of privacy, humiliation, intrusive searches--when around airplanes, but rejecting any hint of control of firearms.


Copyright © 2012 by The Atlantic Monthly Group (emphasis in original)

http://www.theatlantic.com/national/archive/2012/02/chronicles-of-a-paranoid-nation-the-deciduous-infrastructure-factor/253653/


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Greensburg, KS - 5/4/07

"Eternal vigilance is the price of Liberty."
from John Philpot Curran, Speech
upon the Right of Election, 1790


F6

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