New York Daily News

Rule broken in Muslim probes

- BY ROCCO PARASCANDO­LA and GREG B. SMITH

THE NYPD routinely broke rules in investigat­ions of Muslim groups, including failing to explain its use of undercover­s and informants, the department’s inspector general charged Tuesday.

In terror probes as far back as 2004, the department has repeatedly failed to get permission to continue investigat­ions of Islamic groups, Inspector General Philip Eure found.

Under the terms of a 1985 lawsuit settlement, the NYPD’s Intelligen­ce Bureau must spell out why it’s opening, then extending probes of political activity.

The IG examined a sample of all closed cases between 2010 and 2015, some of which were opened as far back as 2004.

More than 95% of the individual­s under investigat­ion in these cases were “associated with Muslims and/or engaged in political activity that those individual­s associated with Islam.”

Eure found the NYPD failed half the time to provide by required deadlines justificat­ion for continuing them.

Eure is one of multiple inspectors general under the umbrella of the city Department of Investigat­ion. DOI Commission­er Mark Peters said his report “demonstrat­es a failure by NYPD to follow rules governing the timing and authorizat­ions of surveillan­ce of political activity.”

Peters noted Eure “found no evidence of improper motives” by the NYPD, which is regulated in its investigat­ion of political activity by a 1985 court settlement known as the Handschu agreement.

Lawrence Byrne, the NYPD’s deputy commission­er for legal matters, said, “We’re not going to break the law to enforce the law. We take our Handschu responsibi­lities very, very seriously. There was not violation of any law here.”

Of particular note was the finding that in all the cases, the NYPD failed to spell out the role of undercover­s and informants or explain why they were necessary. Cops included “no factual informatio­n” in this regard, instead using the same boilerplat­e language — including the same typos — in every applicatio­n.

Donna Lieberman, executive director of the New York Civil Liberties Union, said the report “provided yet more evidence that the NYPD’s surveillan­ce of American Muslims was highly irregular . . . and violated even the weaker rules that existed before our proposed settlement.”

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