DeBlasio, Bratton and the Ongoing Criminalization of Youth in New York City
By ZHANDARKA KURTI | CounterPunch | December 6, 2013
Today, standing in front of news-cameras and press, newly elect mayor of New York City, Bill de Blasio responds to the grievances of stop and frisk critics and progressive non-profits groups by appointing ‘America’s Top Cop,’ William Bratton as chief commissioner of the New York City Police Department. This is a slap in the face for many liberals across the city as their dreams of a progressive mayor are quickly dashed. Yet, for the few community activists that have not sold their hopes to city electoral politics, the appointment of Bratton signals the state response to dissent and a reaffirmation of the role of police in the neoliberal era with new points of interest, namely the criminalization of youth across New York City.
Now 66 years old, Bratton, admonished by many as “America’s Top Cop” comes back to the city that in the 1990s gave him the free pass to practice his zero-tolerance policing strategies, albeit, back then under a republican mayor. Some may question de Blasio’s decision. Given the tensions that have mounted recently against stop and frisk, why appoint someone that is so closely tied to this particular form of ‘quick-fix’ policing that continues to alienate communities of color?
Broken-windows policing was the brainchild of social science. James Q. Wilson and William Kelling in a 1982 article in The Atlantic proposed that eradicating graffiti, loitering, and other outward signs of community decay would effectively make communities safer and simultaneously address future crimes. The theory was taken up and applied by William Bratton, in his tenures as police chief in New York City in the 1990s and Los Angeles in 2000s. Since then the relationship between broken windows policing and crime rates has been debunked. Bernard Harcourt for example, in his book The Illusion of Order, challenges the correlation often drawn by criminologists between crime and disorder. It is also important to note that broken windows theory, also known as zero tolerance policing became the main form of policing strategy as neoliberal agenda was being consolidated. The consequences of zero tolerance policing have been documented far and wide from heightened surveillance to harassment, police brutality, over-arrests and overall dehumanization of poor communities and communities of color. Zero-tolerance policing has effectively allowed the NYPD to practice search and stops that are similar to the counterinsurgency military techniques of ‘cordon and search’ used in Afghanistan.
So given the way in which Bratton was instrumental in implementing zero tolerance policing, out of which ‘stop and frisk’ is an aspect of, why assign him again to the task of overseeing the NYPD?
Before we get angry at DeBlasio for failing to fulfill the role that many liberals across the city have boxed him into, let us recall the mainstream response to stop and frisk policing by the “progressive” elements of NYC.
On February 4th, 2012 at a rally in the South Bronx for the beating of Jatiek Reed and the murder of Rahmarley Graham, city council members and progressive officials took the opportunity to get on the microphone and to speak against stop and frisk and to criticize the NYPD for the egregious assault of one young man and the murder of another. While politicians gave speeches on end, no one from the community was invited to speak about their experiences with the NYPD. Furthermore, the rhetoric remained one that was critical of ‘stop and frisk’ but supportive of the role that police play in combating crime. Take Back the Bronx along with other activists drew attention away from the banter of the politicians to the heart of the matter by chanting: “Fuck the NYPD.” The real problem community members shouted was not only ‘stop and frisk’: the real enemy was the NYPD. The angry politicians tried to quiet the voices, but it was too late. The community members attending the march already left the politicians behind, chanting and taking over the streets of the South Bronx. This is a unique response to stop and frisk and to policing in general that is missing from progressive mainstream accounts.
Instead, the progressive activists and their non-profits have hijacked the discourse and have focused their energies on reforming the NYPD. Examples of this abound from so-called progressive East Flatbush councilmember Jumaane Williams to coalitions like Communities United for Police Reform (which includes many progressive non-profit groups throughout NYC). Together, they have been fundamental in channeling a radical critique of the NYPD to one that has boiled down to essentially legislative reform.
So, I wonder if these same groups will be surprised today as Bratton “the father of community policing” is called up to the task of overseeing the NYPD?
It may seem confusing to try to pinpoint why Bratton is hired at a moment when ‘stop and frisk’ has come under such scrutiny. Yet when we look at developments in Chicago and Oakland the picture is clearer.
Recently, in Oakland community groups came together to challenge City Council’s decision to hire Bratton as a consultant for its police department. In Chicago, Rahm Emmanuel[1] has openly embraced broken windows policing as a way to deal with violence. While politicians and their middle-class supporters cite violence as one of the main reasons for the need for heightened police presence, they do not look deeper to see the ways in which neoliberalism has affected Chicago, Oakland and New York City. Neoliberal re-structuring has displaced thousands. In neighborhoods that continue to ‘hold out’ and whose location is prime target for developers the only people that stand in the way are the youth. So, what we see in places like Chicago, Oakland and increasingly New York City is a focus on criminalization of youth, particularly street families or as the police likes to call them: gangs.
In Oakland, Bratton’s hire as a consultant for the police department was proposed at a time when community groups were heavily fighting gang injunctions, youth curfews etc. Similarly, in New York City, his appointment as Chief Commissioner of NYPD comes at time of increased scrutiny of police practices. The state is making a particular choice when it hires Bratton as chief commissioner of the NYPD. It is responding to its critics and is clamping down on them. Bratton is coming into New York City at time when the NYPD is turning its attention to youth gangs like never before. In the next year, we will see the state focus more of its forces more heavily on criminalization of youth. What will be our response?
Zhandarka Kurti lives in the Bronx. She can be reached at zh.kurti@gmail.com
Related articles
- Here’s What to Expect from NYPD Commissioner Bill Bratton (blogs.villagevoice.com)
- UK detains 3,000 people in unrest
- Liberals should stop and frisk Bill de Blasio
- The Shady Ties Between de Blasio and the Clintons
- Without Any Legal Basis, The NYPD Has Been Classifying Its Own Documents For More Than A Decade
Recent Revelations Prompt Motion To Block NYPD’s Surveillance Of Muslims
By Tim Cushing | Techdirt | October 4, 2013
A recent investigative report on the NYPD’s surveillance of mosques has led to a possible revisiting of the Handschu Agreement by the federal judge presiding over a lawsuit filed against the city seeking to bar further surveillance of Muslims in New York City.
According to the 1985 ruling, the Handschu Agreement limited indiscriminate surveillance of purely political activity. If such surveillance was to take place, it first had to be approved by the three-member Handschu Authority and performed only by the specially-designated Public Security Section, a division of NYPD Intelligence. It also prohibited the videotaping or photographing of large public gatherings when there was no indication of criminal activity and forbade the sharing of information with outside agencies unless they agreed to be bound by the limitations of the Agreement.
This is what was assumed to be in place. When the plaintiffs filed in February, their attorney pointed out that the police activity that had been observed clearly violated those limitations.
The police measures directed at Muslims violate the Handschu decree “because they’re not rooted in the fact that there’s a criminal predicate,” said plaintiff attorney Paul Chevigny. “They’re rooted in the fact that the subjects are Muslims.”
It was exactly as it looked: Muslims being placed under surveillance simply because they attended certain mosques — mosques the NYPD had declared to be “terrorist organizations.”
The city has countered by claiming that it closely observes the Handschu guidelines when making decisions about how to fight terror. A city lawyer, Peter Farrell, told the judge on Tuesday that the department launches investigations based on evidence of legitimate threats, not on religion.
“It’s undeniable that New York City remains at the center of the threat by Islamists who have been radicalized to violence,” he said.
What the city lawyer’s conveniently left out was that the Handschu guidelines had been deliberately weakened by the NYPD, thanks to the efforts of a former CIA officer and his CIA liaison, who formed a so-called “Demographics Group” that was charged with monitoring activity by the city’s Muslims.
[T]he activities that [CIA liaison Larry] Sanchez and [former senior CIA officer David] Cohen were proposing would not have been permitted under the Handschu guidelines. So, on September 12, 2002, Cohen filed a 23-page document in federal court asking a judge to throw out the guidelines and give his officers more leeway.
Cohen insisted that the world had changed since Al Qaeda attacked America, and the NYPD needed to change with it. “These changes were not envisioned when the Handschu guidelines were agreed upon,” he wrote, “and their continuation dangerously limits the ability of the NYPD to protect the people it is sworn to serve.”
The severely watered-down Handschu guidelines were approved by Judge Charles Haight. The name remained unchanged and most New Yorkers were unaware that hardly any limitations remained tied to the Agreement.
After securing this expanded definition (which also thoroughly abused the word “related”), the Demographics Group proceeded to declare entire mosques as “terrorist organizations” and began constant surveillance of their members. And, contrary to what the city’s lawyer declared, it has yet to be proven by the NYPD or anyone else that New York is the “center of the threat by Islamists.” The NYPD has spent millions of dollars and thousands of manhours surveilling and investigating Muslims and has turned up exactly zero useful leads.
When the plaintiffs filed this case, they had no idea the Handschu guidelines had been so thoroughly eviscerated. Armed with this new knowledge, the plaintiffs have asked the city to turn over so-called “investigative statements” related to these surveillance operations. The city won’t even meet them halfway, offering only to turn over a “handful” for the plaintiffs’ lawyers to view without making them part of the public record.
Technically, the city is correct: the NYPD is following the guidelines, as they have been altered, not as they were originally written.
The presiding judge says he will rule at a later date. However, one key factor is problematic. The presiding judge is Charles Haight, the same judge who agreed to relax those rules for the NYPD back in 2002. When he says something like this, it’s hard to know how to take it.
“I’ve come to think of this case as a volcano that’s asleep most of the time … but every now and then blows up,” U.S. District Judge Charles Haight said at the start of a hearing in federal court in Manhattan.
This “volcano” is at least partially of his own making. Haight knows how few restrictions remain under those guidelines. The NYPD can “closely observe” the relaxed Handschu guidelines and still place entire mosques under surveillance. The protections remaining are so weak and the scope of what is deemed “terrorist-related” so broad that even the CIA itself is unable to use the information collected by the Demographics Unit because doing so means violating CIA policies regarding domestic surveillance.
But it appears (although details are incredibly light) that Haight may revisit his own decision relaxing those guidelines. His upcoming ruling will determine whether the near-useless offer the city’s lawyer made will be sufficient or if the city will need to cough up what’s been requested: investigative statements related to “any operation targeting Muslims.” Haight will also make the call as to whether the documents will remain “off the record.”
The NYPD has never been very responsive when asked to turn over information, but considering this order may come from a federal judge, rather than a member of the public, the response time might be a little quicker. As for the plaintiffs, it would seem they drew possibly the least sympathetic judge to hear this case. But who knows, maybe Haight’s had a change of heart over the years. Many rash legislative and legal decisions were made shortly after the 9/11 attacks and there have been more than a few who have expressed regret for their decisions or dismay at the continual expansion of already-broad policies. Haight might be one of the ones who regrets his decision. Fortunately, he’s still in a position to make some changes.
Court blocks NYPD bid to fire whistleblower as commissioner brags of ‘awesome powers’
RT | June 21, 2013
The New York City Police Department’s latest attempt to fire Adrian Schoolcraft, the whistleblower who secretly recorded evidence of corruption among his superiors over three years ago, was blocked this week in federal court.
Schoolcraft has said he began wearing a microphone to defend himself against citizens’ allegations that he used racial slurs while policing the streets of Bedford-Stuyvesant, a poor and primarily African-American section of Brooklyn. By wearing the device from June 1, 2008 until October 15, 2009, though, he soon began recording directions from NYPD higher-ups who pressured officers to fill monthly arrest quotas, which is illegal.
“He wants three seat belt [summonses], one cell phone, and 11 others,” one police sergeant is heard saying on the tape. “I don’t know what the number is, but that’s what [an executive officer] wants.”
Upon complaining of corrupt policies and wrongful arrests, Schoolcraft has said, he began receiving threats from fellow police officers and was eventually reassigned to a desk job.
Three weeks after he told the NYPD the damning recordings existed, Schoolcraft’s home was raided by a large group of officers who forcibly checked him into a psychiatric ward in Queens citing suicidal tendencies. Approximately twelve of Schoolcraft’s superiors were on hand at his home. Reportedly among them was Paul Browne, a top aide to Commissioner Ray Kelly, whose presence would indicate Kelly knew of and approved of the raid.
After Schoolcraft refused treatment, the officers guarding him at a Queens hospital handcuffed him to a bed and prevented him from using a telephone. He was held there for three days until his father tracked him down and signed him out. The Schoolcraft family later received a bill for $7,185 for his stay at the facility.
Schoolcraft eventually turned over his recordings, including of the night when he was dragged to the hospital, to the Village Voice, which dubbed the audio “The NYPD Tapes.” In 2009 and 2010, the NYPD charged Schoolcraft with approximately two dozen charges of leaving work early, failing to respond to department summonses, failure to obey an order, being away without leave, and others.
The department could have tried and fired Schoolcraft in early 2010, the Voice reported, but presumably suspended him instead because of the bad publicity that would come as a natural result of dismissing a man for exposing corruption.
“I think within the precinct, he was probably seen as a little bit eccentric,” Graham Rayman, a reporter for the Village Voice, told This American Life in 2010. “And also, he wasn’t going with the program. And anyone who doesn’t go with the program is automatically marked.”
For nearly four years he has been on leave without pay, waiting for the start of a federal lawsuit he filed against the department for intimidation and retaliation.
In response, the NYPD filed its own administrative suit seeking to fire Schoolcraft, a move Schoolcraft’s lawyers said will unduly influence the verdict in the original suit. The department was blocked from filing that suit this week.
“You have the power to arrest, to take away someone’s liberty. You have the power and the authority to use force and sometimes deadly force,” Kelly said this week in a speech to this year’s graduating class of the NYPD academy. “Now these are awesome powers.”
The commissioner, quoted by CBS, also said that different ethnic groups are “not always happy” with the department and that “all it takes is one errant police officer” to undermine the “great institution” that has been built by generations.
Related articles
- Judge in Whistleblower Cop Case Blocks City Move to Fire Him (blogs.villagevoice.com)
- NYPD Cop Arrests Man for Photographing Police Station from Public Sidewalk (photographyisnotacrime.com)
Constitutionally Illiterate Michael Bloomberg Doesn’t Want the DOJ Monitoring His Stop-and-Frisk “Military”
By Mike Riggs | Reason | June 14, 2013
In November 2011, New York Mayor Michael Bloomberg told an audience at MIT, “I don’t listen to Washington very much, which is something they’re not thrilled about.” He didn’t listen because he didn’t have to. “I have my own army in the NYPD, which is the seventh biggest army in the world,” Bloomberg bragged.
That boast–crude and alarming as it was–sort of just hung in the air, slowly losing its stench. Yesterday, Bloomberg revived it, this time while announcing that he didn’t want the Justice Department overseeing the NYPD in the event a federal judge deems stop-and-frisk unconstitutional.
The U.S. Department of Justice filed papers Wednesday saying that if a federal judge ruled the NYPD’s practices unconstitutional, then the DOJ would strongly endorse the use of a monitor to oversee changes at the department.
The mayor, however, said that the police department needs a clear line of authority. “No military organization or paramilitary runs where you have confusion in the command structure. You just cannot have that. Lives are on the line,” he said in a question-and-answer session with reporters.
Emphasis mine. The NYPD is not a “military organization” or an “army,” much less Bloomberg’s “own army.” Nor is the NYPD a “paramilitary organization”–that would require the department to change its core function to supporting an actual military. The NYPD is a police department. New York, New York is a city, not a sovereign nation. The 14th Amendment says Bloomberg and his police are required to respect the Fourth Amendment. This is basic stuff. You’d think Bloomberg would know it.
As for his claim that federal supervision of a police department that regularly violates the constitutional rights of New Yorkers “would create confusion in the command structure”? New York cops say there’s plenty of that already, thanks to their union working with commanding officers to create confusing and possibly illegal quotas for stopping, frisking, and arresting minority residents. In the event that a federal court deems stop-and-frisk unconstitutional, there will be that much more confusion at the NYPD. Bringing in an outside body–one tasked with making sure the department respects the constitutional rights of New Yorkers–would provide the department with a much needed moral compass.
Second NYPD officer testifies on stop-and-frisk quotas, racial targeting
RT | March 22, 2013
Following a leaked recording seeming to prove the existence of an NYPD arrest quota system, a second police officer has come forward to explain to a federal judge why he decided to record his superiors as they directed him to increase “stop-and-frisks.”
Officer Pedro Serrano, an 8-year veteran of the New York Police Department, held back tears as he explained to the judge why he came forward: “It’s very simple. I have children. I try to be a decent person.”
Serrano joins another whistleblower from the Bronx, Officer Adhyl Polanco, who testified earlier this week regarding his own recordings as part of a federal class action suit against the City of New York seeking to address racial disparities in the department’s street stops.
Meanwhile, a 2003 settlement from a similar lawsuit set in place a requirement for the NYPD to track the stops. The resulting records showed that some 87 per cent of the 5 million individuals detained by police were black or Latino.
Officer Serrano presented a recording from June 2010 in which a female lieutenant told officers she was “looking for five” – that is, requesting a specific quota for criminal summonses from officers in the precinct. Serrano recorded another instance only a month later, in which another lieutenant made a similar reference to a “five-five-five,” indicating a quota in place for arrests, patrols and summonses at public housing projects.
Serrano testified that his performance evaluation subsequently dropped in every category, evidently for failing to meet the quotas. During a meeting with his supervisor, Serrano was told that his performance score was based more on his “numbers” and his “low activity.” At the time, his precinct’s captain is said to have informed him that the NYPD’s Operations Order No. 52 allowed her to implement “performance goals,” likely a veiled reference to quotas.
Much of Serrano’s testimony supports accusations that officers who refused or failed to meet quotas were subjected to discriminatory treatment. Serrano points to the fact that he was transferred to an undesirable post, denied a day off following a car accident near his home, and the vandalization of his personal locker – which included the placement of “rat stickers.”
In its denial of the quota system and a racial profiling policy, the NYPD claims that the appearances of both stem from departmental reliance on the CompStat program, that being the heavy policing of high-crime neighborhoods – which are often predominantly minority communities.
Still, Serrano’s testimony did reveal direct evidence of racial targeting at least in his precinct. In one specific recording, a lieutenant urged officers to concentrate on a region in the south Bronx: “St. Mary’s Park: go crazy in there. Go crazy in there. I don’t care if everybody writes everything in there. That’s not a problem.”
Officer Serrano also provided recordings of an appeals meeting with Deputy Inspector Christopher McCormick, regarding his low numbers for writeups – which he was told would only have been “appropriate for Central Park.”
The same meeting became heated after McCormick indicated Serrano’s numbers demonstrated a lack of initiative, an issue he demanded be rectified by detaining “the right people at the right time.” “And who are the right people?” asks Serrano, to which McCormick replies “I don’t have any trouble telling you this: male blacks 14 to 20, 21.”
Serrano’s testimony was presented as part of Floyd v. City of New York, in which four plaintiffs claim they were racially profiled by the NYPD. Four police officers presented evidence for the prosecution.
New York Muslims protest police surveillance
RT | March 12, 2013
A new report by a coalition of Muslims has shed further light on the NYPD’s controversial surveillance program of the Muslim community, which they say generates widespread fear and has a “chilling effect” on their lives.
The New York Police Department has been found to spy on Muslims in mosques, restaurants, halal shops, cafes, hookah bars and other public places and has long outraged potential victims of the surveillance. Whether praying, conversing with friends, or walking down the street, the NYPD deploys cops that are always watching.
The surveillance “has stifled speech, communal life and religious practice and criminalized a broad segment of American Muslims,” Nermeen Arastu, fund attorney for the Asian American Legal Defense and Education Fund, told the Wall Street Journal.
The new report, compiled by the Muslim American Civil Liberties Coalition and its partners, specifically outlines the effect of the NYPD’s intimidation on New York City Muslims. As a result of sending spies throughout the city, some Muslims have stopped trusting anyone, fearful that something they say or do could land them in prison.
“Undercover Pakistani officers were sent into Pakistani communities and Arab-speaking officers were dispatched into the Egyptian community to ‘listen to neighborhood gossip’, and get an overall ‘feel for the community,’ ” the report says “They were instructed to visit schools and interact with business owners and patrons to ‘gauge sentiment.’”
By participating in school field trips and local cricket matches, undercover cops have crept into the personal lives of American Muslims, searching for any sign of illegal or terrorist intentions. The report, titled “Mapping Muslims”, claims that the far-reaching extent of the surveillance program has taken a toll on the Muslim community.
“[The NYPD] has repeatedly said that as long as you have nothing to hide, you have nothing to fear,” Diala Shamas, co-author of the report, told the Huffington Post. Instead, she said the study “shows that there are many disturbing impacts and consequences of the irresponsible, costly, harmful, completely ineffective surveillance program.”
Muslim college groups now forbid any discussion of politics, practicing Muslims have avoided mosques, and others have simply avoided making any sort of jokes that could be misinterpreted.
“People tell me ‘I’ll make mysalaah [prayer] at home.’ They mention the NYPD camera right outside the mosque as the reason,” Imam Mustapha, a Brooklyn-based religious leader, told authors of the report.
At some mosques, Muslims no longer trust religious leaders, fearing that they could be reporting to the NYPD.
“The relationship of trust and confidentiality between an imam and his congregation is no less sacred than that of pastors, rabbis and others, and those of whom they serve,” said Imam Al-Hajj Talib ‘Abdur-Rashid, Maklis Ash-Shura (Islamic Leadership Council) of Metropolitan New York. “The actions of the NYPD have compromised this sacred relationship… It not only weakens the capacity of some Muslim religious leaders to serve as advisors in sensitive matters, but it also compromises their effectiveness as partners in the struggle against extremism.”
New York City Muslims are afraid of growing beards, wearing traditional attire, participating in extracurricular activities, or talking to strangers.
The authors conclude the report with a plea to stop the pervasive program, claiming that the policing encourages deep-seated mistrust and distrust within the Muslim community.
“There’s a lot of collateral damage,” Park Slope Councilman Brad Lander told the Huffington Post.
The NYPD has so far spent more than $1 billion on the Intelligence Division, which conducts the surveillance program. But throughout six years of surveillance, the NYPD has never generated a lead, according to Assistant Chief Thomas Galati.
“I never made a lead from rhetoric that came from a Demographics report, and I’m here since 2006,” Galati said in a deposition last June. “I don’t recall other ones prior to my arrival.”
Related article
- Debunked NYPD Radicalization Report Just Won’t Die (alethonews.wordpress.com)
NYPD lied under oath to prosecute Occupy activist
RT | March 02, 2013
An Occupy Wall Street activist was acquitted of assaulting a police officer and other charges on Thursday after jurors were presented with video evidence that directly contradicted the NYPD’s story.
Michael Premo was found innocent of all charges this week in regards to a case that stems from a December 17, 2011 Occupy Wall Street demonstration in Lower Manhattan. For over a year, prosecutors working on behalf of the New York Police Department have insisted that Premo, a known artist and activist, tackled an NYPD officer during a protest and in doing so inflicted enough damage to break a bone.
During court proceedings this week, Premo’s attorney presented a video that showed officers charging into the defendant unprovoked. The Village Voice reports that jurors deliberated for several hours on Thursday and then elected to find Premo not guilty on all counts, which included a felony charge of assaulting an officer of the law.
Since his arrest, supporters of Premo have insisted on his innocence. “They’re trying to make something out of nothing and they’re trying to charge him with something that didn’t actually occur,” colleague Rachel Falcone told Free Speech Radio News this week.
After being arrested, the Manhattan District Attorney’s office presented Premo with a deal that would have let him off the hook by pleading guilty to lesser charges. Maintaining his innocence, however, he was determined to fight the case in court.
Premo was “facing serious charges and potential substantial jail sentence, even though he never should have been arrested at all,” his supporters claimed in a post published on The Laundromat Project website.
Nick Pinto of the Village Voice says he was nearby during the December 2011 rally and recalls watching Premo’s arrest from a distance. In his report from court this week, Pinto explains how the details provided by the NYPD in this trial have been fabricated to such a degree that the allegations presented by the cops turned out to be literally the opposite of what occurred.
“Premo charged the police like a linebacker, taking out a lieutenant and resisting arrest so forcefully that he fractured an officer’s bone. That’s the story prosecutors told in Premo’s trial, and it’s the general story his arresting officer testified to under oath as well,” Pinto writes. He adds that attorneys for the defendant underwent a lengthy search to try and find video that verified their own account yjpihj, and found one in the hands of Democracy Now. “Far from showing Premo tackling a police officer,” writes Pinto, that video “shows cops tackling him as he attempted to get back on his feet.”
The footage obtained from Democracy Now also showed that an NYPD officer was filming the arrest as well, but prosecutors told Premo’s attorney that no such footage existed.
“There is no justice in the American justice system, but you can sometimes find it in a jury,” Premo tweeted after he was acquitted this week.
In an interview given to NBC in 2012, Premo identified himself as a spokesperson for the Occupy Wall Street movement. He has also led an initiative in the New York area that has provided relief to those that endured last year’s Superstorm Sandy and has also advocated for fair housing.
“The biggest thing for me coming out of this,” he told the Voice, “is not being discouraged by the attempts of New York City to quell dissent and prevent us from expressing our constitutional rights.”
Related article
Debunked NYPD Radicalization Report Just Won’t Die
By Mike German | ACLU | February 11, 2013
Like a villain in a horror movie, the widely debunked concept of terrorist “radicalization” is once again raised from the grave by the Congressional Research Service (CRS) in its 2013 report, “American Jihadist Terrorism: Combating a Complex Threat.” CRS is an influential legislative branch agency charged with providing objective policy analysis for members of Congress, which makes its continued reliance on the “radicalization” model promoted in a now-discredited 2007 New York Police Department report, “Radicalization in the West,” particularly troublesome.
The NYPD report purported to describe the process that drives previously “unremarkable” people to become terrorists. According to Police Commissioner Raymond Kelly’s preface, the document was intended to “to assist policymakers and law enforcement officials, both in Washington and throughout the country by providing a thorough understanding of the kind of threat we face domestically.” It theorized a simple four-step process starting with the adoption of a particular set of beliefs to becoming a terrorist, though it strangely conceded that not all terrorists need to go through all, or any of these steps, and that people who did go through the steps would not necessarily become terrorists – though that didn’t mean they weren’t dangerous. Confused? It gets worse.
The report only examined terrorist acts committed by Muslims, and essentially suggested that all Muslims were potential terrorists that needed to be watched, stating that “[e]nclaves of ethnic populations that are largely Muslim often serve as ‘ideological sanctuaries’ for the seeds of radical thought.” It posited a profile of potential terrorist “candidates” so broad that it’s no profile at all: within these “Muslim enclaves,” potential terrorists could range from members of middle class families to “successful college students, the unemployed, the second and third generation, new immigrants, petty criminals, and prison parolees.” In other words: anyone and everyone. It identified “radicalization incubators,” including mosques, as well as “cafes, cab driver hangouts, flophouses, prisons, student associations, nongovernmental organizations, hookah (water pipe) bars, butcher shops and book stores.” In other words: any place and every place. Commonplace activities for Muslim-Americans, like wearing Islamic clothing, growing a beard, abstaining from alcohol and joining advocacy organizations or community groups were all listed as potential indicators of radicalization. In other words: any kind of behavior and all kinds of behavior.
If it sounds like the report’s description of potential terrorists is so overbroad it could include entire Muslim-American communities, this does not appear to be accidental. Indeed, the report provided the ideological foundation for the NYPD Intelligence Division’s program of mass surveillance of Muslim communities throughout the Northeast. Not surprisingly, this poorly focused program “never generated a lead or triggered a terrorism investigation,” according to the Associated Press, which received a Pulitzer Prize for its coverage of the NYPD’s program.
The NYPD radicalization report was quickly denounced by advocacy and academic organizations for its overstated and flawed facts and serious methodological errors. The NYPD responded by inserting a “Statement of Clarification” in 2009 that made this remarkable claim:
“…this report was not intended to be policy prescriptive for law enforcement. In all of its dealings with Federal, State and Local authorities, the NYPD continues to underscore this important point.”
What? In addition to completely contradicting its own preface, the disclaimer refutes the entire purpose of the report. If a police terrorist study isn’t intended to impact police counterterrorism policy, what is it for? Is it just a thought experiment?
Yet, despite all we know of the admitted shortcomings of the NYPD report, the CRS continues to cling to its model of radicalization, suggesting that individuals can become terrorists “by radicalizing and then adopting violence as a tactic.” This concept, that the adoption of a particular belief set is a precursor to violent action is refuted in empirical studies of actual terrorists, like one from RAND, which concludes that an individual’s decision to engage in terrorist violence is a complex one involving a matrix of different environmental and individual factors, no one element of which is necessary nor sufficient in every case (see its “Factor Tree for Root Causes of Terrorism” above, which looks a whole lot more complex than the NYPD’s four-step process).
In addition to being factually wrong, this radicalization concept is also dangerous, because, as the CRS report points out, adopting beliefs and associating with like-minded people is First Amendment-protected activity. But if counterterrorism officials believe that adopting radical beliefs are a necessary first stage to terrorism, they will obviously target belief communities and activists with their enforcement measures, as they often do. The CRS report highlights the NYPD radicalization theory, and while it acknowledges the criticism of the NYPD report it continues to hew closely to the model of radicalization it promotes. This is particularly true in its discussion of the appropriate law enforcement response to radicalization, in which it describes the “major challenge” as determining “how quickly and at what point individuals move from radicalized beliefs to violence.” The faulty assumption that radical thoughts lead to violence drives many of the inappropriate law enforcement actions against Muslim-American communities and political activists that, like the NYPD surveillance program, violate civil rights but don’t actually improve security.
It is long past time to euthanize this erroneous and dangerous theory, as many terrorism researches are already suggesting. Moreover, a more recent study from the Triangle Center of North Carolina suggests that recent data reflects a small and declining threat from Muslim-American terrorists, not the “uptick” that CRS reports. And West Point’s Combating Terrorism Center issued a revealing study indicating that far-right extremists have engaged in more comparatively violent activity over the last twenty years, which the FBI and policy makers have failed to recognize. Effective counterterrorism policies can’t be made from flawed theories and analysis. It is time that CRS heeds the NYPD’s recommendation that its radicalization report not be used to drive policy.
Related article
7 Year-Old Boy Handcuffed for $5 ‘Robbery’
By Alison Silveira | ACLU | February 1, 2013
Five dollars is apparently all it takes to land a 7-year-old in handcuffs in a New York City public school these days.
Parents across New York City awoke Wednesday morning to the news that Bronx third-grader Wilson Reyes was pulled out of class, handcuffed and interrogated over the course of 10 hours at his elementary school, and later, at a local precinct. Reyes was charged with robbery after someone said he grabbed $5 that a classmate had dropped on the floor, causing a scuffle among several boys.
Playground disputes that once amounted to a trip to the principal’s office have long since come under police jurisdiction in New York City, where over 5,000 agents assigned to the School Safety Division roam public school campuses under the auspices of the NYPD.
When Reyes’ mom was finally allowed to see her son, the New York Post reports, she found him handcuffed to a wall at the NYPD’s 44th Precinct, where she says he’d been interrogated and verbally abused for six hours. The shocking photo she took of her son in cuffs made front-page news on Wednesday.
Another student eventually admitted to taking the money, but it was well after Reyes had spent 10 hours handcuffed, interrogated and humiliated by the police. A police source told the NY Post that officers were responding to “a 9-1-1 call of a robbery and assault.”
Though shocking, Reyes’ story is far from unique. When police officers are involved in disciplining minors, a classroom disruption involving an “unruly” student can quickly escalate into a call for police back-up.
Nearly 900 arrests were made at New York City public schools during the 2011-2012 school year, and 90 percent involved black or Latino students, according to an analysis of NYPD data released last year. Another 1,666 summonses were issued for illegal conduct.
New York’s public school students are dragged out of classrooms and cafeterias by police officers for shouting in the hallways or scribbling on desks. Court summonses and assault charges are levied for playground fistfights, and students are carted from schools to precincts for the fear-inducing offense of carrying a cell phone on school grounds. In a number of cases, officers have also used excessive force to arrest children for violating school rules, at times leaving injuries requiring hospitalization.
That’s why the ACLU – along with the New York Civil Liberties Union, and law firm Dorsey & Whitney – is suing the City of New York on behalf of the city’s public middle and high school students, accusing the NYPD’s School Safety Division of violating students’ constitutional rights.
Yet the over-policing of our schools is not an issue unique to New York City.
The deployment of cops to public schools across the country epitomizes the national trend known as the “school-to-prison pipeline,” in which children of color are funneled from our public school classrooms into the juvenile and criminal justice systems.
There’s Kaleb Winston, the Salt Lake City 14-year-old who was interrogated by gang police at his school because of the design of his backpack and the sketches he made for art class. Or the Kansas sophomore whose arm was broken as a cop pulled a Taser gun to help arrest him for wearing saggy pants. One Wisconsin teen was arrested and fingerprinted for allegedly stealing a chicken nugget meal in the school cafeteria, while a Texas honor student was jailed for missing class. And then there’s the Georgia kindergartener who was handcuffed last year when she refused to calm down.
The stories are countless, and every one of them heartbreaking. In too many school districts across the country we are witnessing the increased criminalization of our youngest and most vulnerable students. Parents, teachers, principals, and mental health experts know children best. We should let them decide what’s best for their wellbeing. Putting cops in classrooms is not the answer to ensuring our children’s safety.
US Muslims sue to stop NYPD spying program
RT | June 6, 2012
Eight American Muslims have filed a federal lawsuit to put an end to a post-9/11 surveillance program run by the New York Police Department. The lawsuit follows a New Jersey Attorney General probe saying the NYPD had done nothing wrong.
The lawsuit was filed in federal court in Newark Wednesday by Muslim Advocates, a group who has taken up the New Jersey Muslims’ cause. The suit claims that identifying as Muslim does not constitute “a legitimate criterion” for law-enforcement officials to target individuals for surveillance.
“This case is critical to protecting the civil rights of American Muslims and all Americans,” Muslim Advocates legal director Glen Katon said.
New Jersey Representative Rush Holt called the lawsuit “a thoughtful, sensible step toward bringing law enforcement practices back into line with constitutional protections and the standards of good policing.”
It is the first such legal action to directly challenge the NYPD for spying on Muslims following the attacks of September 11, 2001. An Associated Press investigation last year uncovered a systematic surveillance program that put entire Muslim neighborhoods under a watchful eye, recording the every move of their residents. Undercover police infiltrated dozens of mosques and student groups while investigating scores more in New York City and neighboring New Jersey.
Records showed that police paid special attention to grocery stores that carried halal or kosher food products, eavesdropped on Muslim-owned stores, cafes and hair salons, placed Mosques under surveillance during Friday prayers, and even went so far as to photograph an elementary school for Muslim girls.
While New Jersey lawmakers were up in arms upon learning of the intrusive spying program, after a three month review, the state’s attorney found there was no legal means to stop the NYPD from carrying out their practice of targeting mosques, business and student groups for surveillance.
Both NYPD Commissioner Ray Kelly and the city’s mayor Michael Bloomberg have supported the spying program, saying the information is obtained within departmental guidelines which are within constitutional bounds.
Kelly further stated that the 2001 attacks showed that the city could not rely solely on the federal government to provide for its security.
As it is, the program operates with limited oversight. The New York City Council claims it isn’t qualified to supervise intelligence operations, while Congress says the NYPD is out of its jurisdiction despite the billions in federal largesse the city receives each year.
Lawmakers and civil rights groups have urged the Justice Department to investigate the NYPD’s practices. A Justice Department spokeswoman said those requests were currently under review.
But Farhana Khera, executive director of Muslim Advocates, said state and federal stonewalling made the lawsuit inevitable.
“With New York officials refusing to look into the NYPD’s abuses, the New Jersey Attorney General saying his hands are tied, and the U.S. Department of Justice dragging its heels, this lawsuit is the victims’ last resort for justice to prevail.”

