New York Daily News

An unsettling decision

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Buying hook, line and sinker myths promoted by the police department’s inspector general, a federal judge has just taken the extraordin­ary step of rejecting a settlement between Muslim-American plaintiffs and the NYPD over “spying” that never was. In a vast overreach, Judge Charles Haight asks the department to accept the equivalent of a new, full-time, independen­t, court-ordered monitor, charged with needling his or her way into some of the most secret and sensitive work the department does and issuing regular reports on their compliance with guidelines for overseeing police investigat­ions of political activities.

This even though — understand­ing that the case against the NYPD was weak — both police and plaintiffs had agreed, after exhaustive negotiatio­ns, to far less intrusive oversight.

In 1971, the NYPD came under a set of rules for intelligen­ce-gathering, called the Handschu Guidelines, resulting from a class-action lawsuit over investigat­ions that encroached upon Vietnam War political protests.

The rules enable the department to conduct six-month, renewable initial inquiries where there is a “possibilit­y” of unlawful activity, and one-year, renewable inquiries when evidence “reasonably” indicates “that an unlawful act has been, is being, or will be committed.”

The NYPD’s intelligen­ce division is required to document its plans, including the use of undercover officers, and to submit more paperwork as time limits run out. All of which it does. It has become urban legend that, in the wake of the 9/11 attacks, the department engaged in widespread surveillan­ce of Muslim communitie­s.

In fact, investigat­ors — complying with rules adjusted by the very same Judge Haight — pursued legitimate leads, and conducted broad informatio­n-gathering to give counterter­ror cops a necessary sense of where various communitie­s of national origin clustered.

Neverthele­ss, in response to complaints and after more than a year of negotiatio­ns with plaintiffs who believed their rights to have been violated, the NYPD agreed to appoint a civilian lawyer to monitor all counterter­rorism activities — and flag any questionab­le activities with the court. Everyone was happy with the outcome. Now, boggling the mind, back comes Haight, insisting, “The proposed role and power of the civilian representa­tive do not furnish sufficient protection from potential violations of the constituti­onal rights” of Muslim New Yorkers.

His pronouncem­ent came not from the piles upon piles of evidence submitted over the course of negotiatio­ns — but from a haphazard and dishonest analysis contained in an August report issued by NYPD Inspector General Philip Eure.

Eure combed through the Handschu process and found overwhelmi­ng compliance with the court-imposed guidelines — while dinging the NYPD for missing deadlines for extending preliminar­y probes in 54% of cases.

He obsessed over those deadlines, even though the length of the average lapse before detectives got permission to keep investigat­ing was 22 days, or less than the time between regular monthly meetings of the committee ensuring compliance with Handschu.

And Eure failed to identify a single case in which an investigat­ion continued beyond a deadline without sufficient cause.

Yet it was this fundamenta­lly unfair report that Haight relied upon in his ruling, seeing in it evidence of “a near-systemic failure” to comply with Handschu and a department “accustomed to disregardi­ng” court orders.

And so, a judge with a long history of crafting and adjusting sensitive regulation­s for pursuing legitimate criminal leads without infringing on constituti­onal rights of expression and associatio­n now, for no good reason, seeks to upend a carefully brokered agreement.

Another day in the life of authoritie­s micromanag­ing the nation’s largest and finest police department. There ought to be a law.

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