Current and former police directors in Newark say they did not know that the NYPD was conducting blanket surveillance on Muslims, and mayor Cory Booker also says he was never informed of the controversial spying program. Governor Chris Christie says he knew nothing of it either! But it turns out there's one NJ official who was informed: Previous Governor Richard Codey (you know, he took over for Governor James McGreevey). The New Jersey Star-Ledger reports:
A simple check of government records shows the NYPD has been operating in the Garden State for at least seven years. And they have done it with the permission of the governor’s office — granted in 2005 by former Gov. Richard Codey, state records show. It was only two years later that the NYPD began a spy operation in Newark, sending in street operatives to compile reports on Muslims living and working in the state’s largest city.
The two orders gave the NYPD open-ended legal authority to operate in New Jersey in limited circumstances, without the need to seek additional local clearance. The orders — Nos. 43 and 44 — can be found on the state government website.
Gosh, don't we feel silly, what with the orders being right there on the state's website for all to see! Yesterday NYPD spokesman Paul Browne told reporters, "Newark police officials were aware and were briefed before and afterwards and a Newark police liaison accompanied NYPD personnel. There's been a suggestion that what we are doing doesn't comport with legal requirements, and that's not the case. Everything we're doing is done constitutionally." Trust him!
NYPD spokesman Paul Browne
Newark Police Director Samuel DeMaio, who was deputy chief of the department at the time, says that his officers only gave the NYPD a tour of Newark at their request, but the NYPD never revealed what their investigation was about. And current NJ governor Chris Christie says, "I may have been briefed about it in ‘07. If I was, I don’t remember it." Mayor Booker and other New Jersey officials say they were misled about the scope of the probe, and are calling for an investigation into the investigation.
Yesterday, the NYPD's lawyers told reporters they didn't even need permission to conduct surveillance in New Jersey anyway. "They’re not acting as police officers in other jurisdictions,” explained NYPD Deputy Commissioner for Legal Matters, Andrew Schaffer. "They don’t exercise police powers. There’s no prohibition on traveling to, residing in, or investigating within the United States. The collection of information is not prohibited under the First Amendment. What’s unconstitutional is if they use the information to chill someone."
The Muslim community in New Jersey and New York certainly feels "chilled." Earlier this week, the AP showed documents from the surveillance program—which included such targets as an all-girls private school for first-to-fourth graders—to Newark Muslims. Looking at a collection of NYPD photos of mosques and businesses, Newark resident Nagiba el-Sioufi told the AP, "All of these are innocent people. When you spy on someone, you are kind of accusing them. You are not accepting them for choosing Islam. This doesn’t say, ‘This guy did something wrong.’ This says, ‘Everyone here is a Muslim.’ It makes you feel uncomfortable, like this is not your country. This is our country."
U.S. Sen. Robert Menendez (D-N.J.) and Rep. Bill Pascrell (D-8th Dist.) sent a letter to U.S. Attorney General Eric Holder and CIA Director David Petraeus, calling for a probe into the surveillance program, Menendez said, "I am deeply concerned by reports that the NYPD’s law enforcement efforts focused on individuals who were not suspected of any criminal activity. While I strongly support credible efforts to prevent terrorism, I have grave concerns about any program that targets communities with no credible law enforcement intelligence."
But Browne isn't worried about all the hubbub, telling reporters yesterday it comes with the territory of being a cop. "We arrest people, we give out summons, we tell people they can't walk down the street - everything the police engage in, to a certain degree, is less popular than what organizations do," Browne told reporters. "Opening swimming pools in the summer is a lot more popular than telling you you can't park here. That goes from everything from making arrests to terrorism investigations."
