This Stratfor article examines the steps the NYPD has taken to prevent further terror attacks, the civil liberty issues they raise, and the controversy and complaints that the policies have generated. It is an interesting read, and it is well to bear in mind that these types of policies and concerns are at some level common to all large American cities.
Since the article was about New York I wanted to find a New Yorker to receive the much coveted Hot Stratfor babe honor, so imagine my delight when I discovered that Marisa Tomei, who frequently plays the consumate New Yorker, was born and raised in Brooklyn.
Ms Tomei got her start in the soap opera As the World Turns. That was to lead to her first major role in a movie, Mona Lisa, Joe Pesci's fiance in My Cousin Vinny.
My Cousin Vinny is a film I'll always stop and watch if I see it as I am clicking through the channels. It is a fish out of water film where Joe Pesci, who is a far from accomplished lawyer, travels to rural Alabama with his fiance to defend a cousin of his from false murder charges. Refreshingly, the humor isn't directed so much at the southern bumpkins as it is the two ludicrous New Yorkers.
What really sells the film is the screen chemistry between Pesci and Tomei. Their characters relationship is convincingly both caustic and affectionate. If you've never seen the film be sure to look it up.
As a bonus, after the article, I've embedded the 'Biological Clock' scene from the film.
GROWING CONCERN OVER THE NYPD'S COUNTERTERRORISM METHODS
By Scott Stewart, October 13, 2011
In response to the 9/11 attacks, the New York Police Department (NYPD) established its own Counter-Terrorism Bureau and revamped its Intelligence Division. Since that time, its methods have gone largely unchallenged and have been generally popular with New Yorkers, who expect the department to take measures to prevent future attacks.
Preventing terrorist attacks requires a much different operational model than arresting individuals responsible for such attacks, and the NYPD has served as a leader in developing new, proactive approaches to police counterterrorism. However, it has been more than 10 years since the 9/11 attacks, and the NYPD is now facing growing concern over its counterterrorism activities. There is always an uneasy equilibrium between security and civil rights, and while the balance tilted toward security in the immediate aftermath of 9/11, it now appears to be shifting back.
This shift provides an opportunity to examine the NYPD's activities, the pressure being brought against the department and the type of official oversight that might be imposed.
Under Pressure
Reports that the NYPD's Intelligence Division and Counter-Terrorism Bureau engage in aggressive, proactive operations are nothing new. STRATFOR has written about them since 2004, and several books have been published on the topic. Indeed, police agencies from all over the world travel to New York to study the NYPD's approach, which seems to have been quite effective.
Criticism of the department's activities is nothing new, either. Civil liberties groups have expressed concern over security methods instituted after 9/11, and Leonard Levitt, who writes a column on New York police activities for the website NYPD Confidential, has long been critical of the NYPD and its commissioner, Ray Kelly. Associated Press reporters Adam Goldman and Matt Apuzzo have written a series of investigative reports that began on August 24 detailing "covert" NYPD activities, such as mapping the Muslim areas of New York. This was followed by the Aug. 31 publication of what appears to be a leaked NYPD PowerPoint presentation detailing the activities of the Intelligence Division's Demographics Unit.
In the wake of these reports, criticism of the NYPD's program has reached a new level. Members of the New York City Council expressed concern that their constituents were being unjustly monitored. Six New York state senators asked the state attorney general to investigate the possibility of "unlawful covert surveillance operations of the Muslim community." A group of civil rights lawyers also asked a U.S. district judge in Manhattan to force the NYPD to publicize any records of such a program and to issue a court order to prevent their destruction. In response to the AP investigation, two members of Congress, Reps. Yvette Clarke, D-N.Y., and Rush Holt, D-N.J., asked the Justice Department to investigate. The heat is on.
After an Oct. 7 hearing regarding NYPD intelligence and counterterrorism operations, New York City Council Public Safety Committee Chairman Peter Vallone said, "That portion of the police department's work should probably be looked at by a federal monitor."
Following Vallone's statement, media reports cited Congressional and Obama administration officials saying they have no authority to monitor the NYPD. While Vallone claims the City Council does not have the expertise to oversee the department's operations, and the federal government says that it lacks the jurisdiction, it is almost certain that the NYPD will eventually face some sort of new oversight mechanisms and judicial review of its counterterrorism activities.
New York City and the Terrorist Threat
While 9/11 had a profound effect on the world and on U.S. foreign policy, it had an overwhelming effect on New York City itself. New Yorkers were willing to do whatever it took to make sure such an attack did not happen again, and when Kelly was appointed police commissioner in 2002, he proclaimed this as his primary duty (his critics attributed the focus to ego and hubris). This meant revamping counterterrorism and moving to an intelligence-based model of prevention rather than one based on prosecution.
The NYPD's Intelligence Division, which existed prior to 9/11, was known mainly for driving VIPs around New York, one of the most popular destinations for foreign dignitaries and one that becomes very busy during the U.N. General Assembly. Before 9/11, the NYPD also faced certain restrictions contained in a 1985 court order known as the Handschu guidelines, which required the department to submit "specific information" on criminal activity to a panel for approval to monitor any kind of political activity. The Intelligence Division had a very limited mandate. When David Cohen, a former CIA analyst, was brought in to run the division, he went to U.S. District Court in Manhattan to get the guidelines modified. Judge Charles Haight modified them twice in 2002 and 2003, and he could very well review them again. His previous modifications allowed the NYPD Intelligence Division to proactively monitor public activity and look for indications of terrorist or criminal activity without waiting for approval from a review panel.
The Counter-Terrorism Bureau was founded in 2002 with analytical and collection responsibilities similar to those of the Intelligence Division but involving the training, coordination and response of police units. Differences between the two units are mainly bureaucratic and they work closely together. [continued after the jump]
