New York Post

Court: NYPD can surveil in secret

- By JULIA MARSH

The NYPD can legally dodge questions about its counterter­ror efforts by refusing to “confirm or deny” pending investigat­ions, the state’s highest court ruled Thursday.

In a split decision, the New York Court of Appeals said the department “must be permitted” to keep secrets about who it has under surveillan­ce “in order to avoid ‘tipping its hand’ ” about sensitive terror probes.

“The NYPD’s role in preventing the next attack is dependent on its ability to collect informatio­n without publicizin­g its methods or sources to anyone who can use the informatio­n to counter its efforts, an assertion consistent with the basic realities of intelligen­ce work,” Chief Judge Janet DiFiore wrote for the majority.

The ruling specifical­ly allows cops to “provide a Glomar-type response” — in which a government agency says it “can neither confirm nor deny” the existence of something — to Freedom of Informatio­n Law requests about terrorism probes.

The secrecy tactic first was employed by the CIA during the 1970s in connection with the Glomar Explorer, a ship built by Howard Hughes for the CIA to retrieve a sunken Soviet submarine.

CIA lawyers successful­ly convinced the courts that revealing informatio­n about the ship could imperil national security.

Thursday’s ruling stemmed from a suit filed by two Muslim New Yorkers — Talib AbdurRashi­d and Samir Hashmi — who in 2012 sought the NYPD’s files on them, following an Associated Press report that they were subjects of an anti-terror surveillan­ce program.

The department rejected the re- quest, saying any informatio­n it had was exempt from disclosure on public-safety grounds.

“NYPD intelligen­ce strategies are monitored by individual­s and organizati­ons with the goal of developing counterint­elligence measures,” Chief of Intelligen­ce Thomas Galati said in an affidavit.

Omar T. Mohammedi, attorney for Rashid and Hashmi, said he’s “disappoint­ed with decision,” and believes the Legislatur­e, not the courts, should take up the issue.

Chris Dunn, of the New York Civil Liberties Union, filed a supporting brief in the case. He fears that the ruling “opens the door to the NYPD and other police agencies vastly expanding the secrecy that already conceals too much of what they do.”

Dunn is pursuing a separate, pending case where the NYPD has invoked Glomar to block the release of documents related to the surveillan­ce of protestors.

An NYPD spokeswoma­n said the department “has rarely used the legal Glomar doctrine.”

 ??  ?? New Yorkers Talib Abdur-Rashid (left) and Samir Hashmi sought NYPD files after learning they were under anti-terror surveillan­ce.
New Yorkers Talib Abdur-Rashid (left) and Samir Hashmi sought NYPD files after learning they were under anti-terror surveillan­ce.
 ??  ?? DENIED:
DENIED:

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