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James Zogby

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NYPD Surveillance Revisited

Posted: 05/05/2012 11:11 am

When a senior White House national security official traveled to New York City recently to praise that city's police department, he stoked the embers of a controversy between the Administration and the Arab American and American Muslim communities. The official's words, quoted by the Associated Press (AP), "I have full confidence that the New York Police Department is doing things consistent with the law" and his terming the department's work a "success" were especially troubling coming as they did on the heels of the communities' entreaties to the White House to either open a civil rights investigation into the NYPD's surveillance program, or at the very least to express concern at the program's invasive over-reach.

Having the CIA team up with the NYPD to establish a domestic spying operation using undercover police officers and civilian "snitches," who were suborned into service with threats of deportation or imprisonment, is bad enough, but a review of the fruits of all of this questionable activity also raises serious questions about the wastefulness of the entire effort.

Since the AP's initial revelations of the NYPD/CIA collaboration, less than one year ago, there has been some discussion of the degree to which the NYPD has made a mockery of the protections afforded by the Bill of Rights and has broken trust with New York's Arab and Muslim communities. What has not received sufficient attention is just how intrusive and at times pointless and inconsequential much of this program has been.

Some examples from the NYPD internal documents made public by the AP read more like reports prepared by the Syrian Mukhabarat (secret police). But what also comes through quite clearly is how downright silly much of the spying operation has been, more reminiscent, at times, of "the gang that couldn't shoot straight." Among the most alarming observations are those found in the "Locations of Interest Reports" that were compiled on New York's Egyptian and Syrian communities. Produced by the NYPD "Intelligence Division-Demographic Unit," the publications are stamped "SECRET" and have the following warning printed in bold red type on the cover:

"The information contained in this document is NYPD secret. No portion of this document can be copied or distributed without the exclusive permission of the Police Commissioner or Deputy Commissioner of Intelligence".

While all this build up makes the publications sound serious and important, an examination of their "top secret" content tells a different story.

Both reports begin with an overview establishing that their purpose is to provide "the maximum ability to gauge the general sentiment... and the greatest insight into the general activity of the community." The reports then proceed to "map" the areas of the city where the community in question lives and their "locations of interest" -- these being defined as "locations individuals may frequent to search for ethnic companionship" or "hangouts... for listening to neighborhood gossip."

After pages of demographic charts on Arab Americans, in general, and Egyptians, in particular (taken verbatim from a section of the Arab American Institute website), the reports go on to print pages of photos of every "location of interest" frequented by not just Egyptians and Syrians, but Lebanese, Palestinians, Yemenis, Moroccans, Algerians and "Caucasians"(!).

Included in the report on each of these locations is such revealing information as: whether al Jazeera TV is watched at the location; whether Halal food is served; whether underage "Caucasians" were seen smoking at the establishment; and conversations overheard (including one I mentioned in an earlier column, where "Rasha, working in the travel agency recommended the Royal Jordanian Airlines!").

These "locations of interest" books are not the only NYPD documents released by the AP that are filled with disturbing and shallow observations. Among the other questionable NYPD reports is the "Radicalization in the West: The Homegrown Threat," a study by NYPD "Senior Intelligence Analysts." In an effort to create a profile of Muslims who become radicalized, the analysts lay out four phases in the process. The first, "Pre-radicalization" includes individuals who share the following characteristics: male, under 35, residents and citizens of Western democracies, middle class, educated, recent converts, living "unremarkable" lives with "little, if any, criminal history." What is so obviously troubling with this "profile," which is supposed to guide the NYPD's work, is the fact that it includes almost all young Muslim males in the United States. Helpful to law enforcement? Certainly not. Intimidating to Muslim Americans? Absolutely. As the great Latino leader U.S. Ambassador Raul Yzaguirre once said in criticizing ethnic profiling: "When you are looking for a needle in a haystack, don't keep adding more hay to the stack."

The fundamental questions that should be asked, not just by the Administration, but by all Americans, are: "Where do we draw the line that separates the rights of persons from the over-reach of law enforcement;" and "At what point do we conclude that the NYPD (with CIA collusion) has crossed the line and violated constitutionally protected freedoms and civil rights?"

It is not clear to me how anyone could review the NYPD materials and conclude that the tactics of massive surveillance and ethnic and religious profiling employed have not crossed that line or that they have in any way contributed to making New Yorkers "safe." What they have done is waste precious law enforcement resources. And as an exercise in heavy-handed police power, they have compromised the very security and basic rights of New York's large Arab immigrant communities.

All this should have been taken into consideration before the White House official lavished praise on the NYPD, dismissing the concerns of the Arab and Muslim communities.

[Note: As for the reports' "SECRET" designation and warnings about their "official police use only," I can conclude that these were intended merely to spare the NYPD the embarrassment of having them read by the public.]

 

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When a senior White House national security official traveled to New York City recently to praise that city's police department, he stoked the embers of a controversy between the Administration and th...
When a senior White House national security official traveled to New York City recently to praise that city's police department, he stoked the embers of a controversy between the Administration and th...
 
 
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HUFFPOST BLOGGER
Robert J. Feldman
Lawyer www.newyork-criminal-defense.com
12:21 PM on 05/07/2012
Even though anti-Arab sentiment was a part of Jewish religious education we received, after seeing the reality, it is incontrovertible that vast majority of Muslim and Arab New Yorkers are hard working, peaceful and non-violent people.

The way the NYPD is crossing the line since last year as witnessed by their outrageous treatment of OWS people, minorities and those of Muslim faith is extremely worrisome.

That being said, it is just as incontrovertible that the vast majority of NYPD officers are hard working, competent and respectful of us and the Constitution as well.
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HUFFPOST SUPER USER
Jezreel
Think. Act. Live wisely.
06:55 PM on 05/07/2012
Enjoyed reading your thoughtful, insightful and experience-based commentary, Robert. F&F

By the way, I agree with your sentiments.
06:08 PM on 05/06/2012
PLEASE put Ray Kelley in JAIL!!!!!!!!!!!
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MEVirginia
It's all about the numbers
05:15 PM on 05/06/2012
The "Locations of Interest Reports" on the Muslims, sounds like the ones that were compliled on the Mafia and the war protestors. They are made to give as much information to the rank and file police as possible about where the suspects of an ethnic group would hang out, in case of a crime being committed.
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HUFFPOST SUPER USER
dogpaddle47
Cui Bono
12:30 AM on 05/07/2012
Welcome to 1984
01:20 PM on 05/07/2012
Being a member of organized crime is hardly the same thing as protesting or, a religious preference, at least that's supposed to be true in a free country. OPPS, my mistake.
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MEVirginia
It's all about the numbers
02:48 PM on 05/07/2012
They just let you think that you are free. You have not been free since the 70's. That is when they started treating everybody that belong to a group they worried about like they were organized crime.
03:41 PM on 05/06/2012
James Zogby sounds more like a politician standing on his soap box than a responsible member of the Muslim community. He wants to be "out front waving a flag" in defence of an ethnic group. But, he is not serving the interests of his group. If he were, he would want the NYPD to be able to verify the lack of terrorist findings of muslims. Also, to stop the few terrorists in the Muslim community before they make it worse for the Muslim majority.

This is a war of terrorism. Any good general knows that the more you know about the enemy before you go to battle, the more effective you can be in battle. We have already been attacked! But, our main waring against terrorism in this country is only to take a defensive posture. That is exactly what the NYPD is doing. The NYPD should be commended in being in a state of constant research of a group which DOES HAVE the enemy among its' people. By not taking any action against them, other than observation, the NYPD is correct.

The NYPD observed and recorded notes, but took no action affecting anyone's activities. Observing is NOT illegal. The "wrongfull" activities of the NYPD will result in only 2 ways:

First, it may be a waste of time and expense. Second, it may provide the backround information to stop terrorist crime before it happens, or to more quickly and easily to apprehend the quilty after something happens.
01:32 PM on 05/07/2012
"stopping crime before it happens" as in pre-crime. Right, I remember now, just like the Japanese Americans in WW2. So anything that could stop a crime, even before it happens is ethical, Legal, moral, and constitutional? Are you familiar with the concept of a police state? Do you place any value on freedom or, civil liberties? If you belonged to the targeted group would you share the same opinions?

Hint......It's a trick question; any answer by no will be consided a lie.
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01:16 PM on 05/06/2012
When drones are the size of flies we'll all be monitored indiscriminately en masse. In the meantime, there's CISPA.
01:12 PM on 05/06/2012
Mr. Zogby hasn't met an agency dealing with Arab/Muslim terrorism that he likes. As a so called "leader" of the Arab/Muslim-American community, he should stand up and strongly renounce these perpretrators of violence and Jihad, rather than criticizing the people we entrust who try to avoid another 9/11or Mumbai
11:56 AM on 05/06/2012
The indignant rhetorical prologue to the actual information went on and on and on to the end. May I assume we'll see the substance in a second article?I cannot honestly object to the police going, in or out of uniform, into any place routinely open to the public and watching whatever's going on there as no one enjoys any reasonable expectation of privacy in such places. Except, possibly, for the waste of their time and that's no worse than when they nap in their squad cars.
09:46 AM on 05/06/2012
Well I agree with Mr James Zogby and the point he is making is well taken! they the government is wasting our tax money and using it to abuse us.

But this is because Muslims are leader less they have no leaders they have no organization and in Canada those who claim to be Muslim association are in fact snitches,"

They always blame the Muslims and ask the government to do more to punish Muslims if you read their website you would wonder are they Muslim organization or hate group organization!!
http://www.muslimcanadiancongress.org/
This group are clearly open snitches and yet claim to be Muslim congress. So that is the problem if Muslims are united like the Jews they would be respected.
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muysuave41
Spanish Olive Oil Producer
05:35 AM on 05/06/2012
It's a xenophobic world out there thanks to the right wing mouth pieces.
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HUFFPOST SUPER USER
Meerkatx
04:00 AM on 05/06/2012
Obviously the big picture was federal funding to buy more guns and armor and tanks and drones and spy gear. While the report has zero usefulness concerning actual threats, it performs the task of allowing the NYPD to militarize even more.
01:13 AM on 05/06/2012
"What is so obviously troubling with this "profile," which is supposed to guide the NYPD's work, is the fact that it includes almost all young Muslim males in the United States."

I'm not sure how many young Muslim males are recent converts. Many were brought up Muslim, and are probably more stable. I'd wager that the vast majority of young Muslims are not recent converts. Conversion to any religion can be a sign of instability, especially if it's an educated person. And since it's radical Islam that the NYPD is concerned about, it's not unreasonable to focus limited resources on the most likely places to look.

It would be interesting to know that statistic: what fraction of young Muslims are recent converts?
T-Haight
What was wrong with federalism?
11:14 PM on 05/05/2012
1--> The NYPD broke no laws. In fact, they were acting specifically within the bounds of established law.

2--> The NYPD and the CIA have teamed together to stop bad, bad things from happening, such as preventing would-be terrorists from blowing up bridges full of commuters.

So does the author want bad, bad things to happen to American citizens, does he detest settled constitutional law, or what exactly? This all sounds well and good, until you weigh it against the lives of real human beings (with the fact that it is 100% legal and constitutional in mind).

So what's the deal here?
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03:15 AM on 05/06/2012
Actually if you read the CIA's own description of the limits on their activities, they are only allowed to collect foreign intelligence from U.S. citizens.

Keeping track of where Arab-Americans drink their coffee and whether they smoke in their coffee-houses or not hardly qualifies as an "authorized intelligence purpose."
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HUFFPOST SUPER USER
Meerkatx
04:01 AM on 05/06/2012
Hmm..

The CIA doesn't work on domestic threats. So I think you're pulling facts from nowhere.
08:32 AM on 05/06/2012
Correct, That's why the NYPD hooked up with them. The CIA wants a piece of the FBI's turf. Since openly ( make that, avoiding the possibility of getting caught) doing domestic surveillance would violate the FBI's domain they get a proxy to do it.
10:21 PM on 05/05/2012
Mr. Zogby, I am an Irish descended American. If the Provisional Irish Republican Army decided to restart the Troubles in Northern Ireland, and their tactics included setting off bombs in marketplaces and houses of worship in Ireland, and there was even the slightest chance that they would launch an attack on American soil, I would feel some shame for being from old Erin. Why? Because I'm proud of my Irish heritage, but that cuts 2 ways if you are sincere. The tricolor of Ireland is the international flag of poetry/music/drinking/enjoying your friends and making new ones. And some (word not generally used in this context in the US) did such s-h-i-t-e as the assassination of Lord Mountbatten, and the attempts on the lives of Major, and Thatcher, as well other dastardly deeds committed with lead and C-4. It's wrong, And if the government authorities looked at me and my friends during all that badness, good. The worst they would have seen outside of the usual silliness. would have been home poker and the smokin' of the green. People that are overly worried about whether or not they are being paid attention to? Hmmmm. And for those folks who want to lay the usual "The US did the following bad things in southwest Asia..., thing on me, please don't. My only argument back would be 1945, 1989. 2001.
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HUFFPOST SUPER USER
Silverfern
12:25 AM on 05/06/2012
Yeah, so you say until you are locked up for your race. Nobody in good faith says "my kinds need keeping an eye on".
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Trollstein
Once you go Schwartz, you never go back baby
06:22 AM on 05/06/2012
The US Constitution is intended to protect minority groups (of all types) from the whims and/or the wrath of the majority. But it can not invalidate human nature or human deficiency. Nor can it solve the inherent problem posed by paradoxical priorities.
On the one hand, we rely on the Muslim-American community to protect us from some of their own. On the other hand, Muslim men between the ages of 18 and 40 are the clear primary profile of potential terror suspects and especially so if they were not born here. Denying this is not helping the vast majority of patriotic American Muslims and it certainly does not help the rest of us either.
Terrorism is not like white-collar crime. Alittle bit is far too much.
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09:50 PM on 05/05/2012
"Where do we draw the line that separates the rights of persons from the over-reach of law enforcement"

When it doesn't get between some rich guy and his money.
07:05 PM on 05/05/2012
http://en.wikipedia.org/wiki/2006_Ontario_terrorism_plot This in a nation who has never been an occupier of any country and no need for their oil. This in a city where Imams are invited to schools on Friday to conduct prayers at the request of Muslim parents who found that their kids when let out to go to Mosuqe early, just headed for the malls. This in about the most accomodating, immigrant friendly country in the world. Somebody better look out and when a reporter did he found this by just browsing http://cnews.canoe.ca/CNEWS/Canada/2012/03/26/pf-19552241.html
08:41 AM on 05/06/2012
Well if that's true then, all the more reason to keep it from going to hell.