Wednesday, June 24, 2020

REPORT : What 'tensions' exist between SDNY and City Hall ?



What 'tensions' exist between SDNY and City Hall ?

Progress New York - Update




REPORT


After U.S. Attorney General William Barr met with NYPD officials, chaos reigns as U.S. Attorney Geoffrey Berman was fired amidst 'tensions' with White House and City Hall


The office of U.S. Attorney Geoffrey Berman was reportedly investigating political operatives with close ties to President Donald Trump.


By Progress New York Staff


June 22, 2020


Two days after the U.S. Attorney for New York's southern district, Geoffrey Berman, was fired by President Donald Trump, reports indicate that Mr. Berman had resisted a request made last Friday to meddle in the de Blasio administration's handling of Coronavirus pandemic restrictions on churches. One report, published by the New York Daily News, cited the limitation on religious gatherings as problematic for the Trump administration over possible First Amendment concerns. Mr. Berman refused the request to meddle over his own concerns that the request was politically-motivated and would result in heightened tensions between the U.S. Attorney's Office and City Hall, according to a report published by the Wall Street Journal.


The row over the U.S. Attorney's Office's refusal to interfere in the de Blasio administration's handling of restrictions on religious gatherings took place on the same day when U.S. Attorney General William Barr met with senior officials at the New York Police Department, as the embattled law enforcement agency has come under fire over its own problems with First Amendment and civil rights violations during the George Floyd-inspired anti-racism and anti-police brutality protests have elevated systemic racism to match public health as the social priorities facing the Government.


It's unknown if the religious row was being used as a smoke-screen for the Trump administration's need to remove Mr. Berman from his post. He is the second U.S. Attorney to be removed during the Trump administration during times of reported investigations of individuals with close ties to President Trump. Recent reports indicate that former Mayor Rudolph Giuliani (R-New York), who now serves as private attorney to President Trump, may be the subject of Federal investigations. In 2017, then U.S. Attorney Preet Bharara was fired amidst reports that he was investigating senior officials in the Trump administration, possibly including Tom Price, according to a report published by ProPublica. Mr. Price later resigned as secretary of the U.S. Dept. of Health and Human Services following scrutiny over his use of charted flights.


It's not known what 'tensions' exist between the U.S. Attorney's Office and the office of Mayor Bill de Blasio (D-New York). A report published by POLITICO has revealed that the de Blasio administration is in breach of a Settlement Agreement between the New York City Housing Authority, the U.S. Dept. of Housing and Urban Development, and the U.S. Dept. of Justice. Since taking office, Mayor de Blasio has also faced near non-stop reports that have questioned his fundraising practises. For this report, the U.S. Attorney's Office said it could no longer speak for Mr. Berman. A subsequent request for comment went unanswered.


The Trump administration is sending mixed signals on First Amendment issues facing New York City.


Attorney General Barr's meeting with NYPD officials last Friday was made to demonstrate "strong support" for law enforcement, according to a read-out issued by the Justice Dept. Such support appeared to overlook reported controversies over the patterns or practices of police-involved homicides of civilians and police brutality by the NYPD. For example, the tussle over First Amendment concerns of religious gatherings has over-shadowed a report, published on Friday by the New York Times, that the number of individuals killed by NYPD activity was "more than twice what has been reported."


For its part, the NYPD refused to answer a request about information about the Attorney General's meeting.


The Trump administration's First Amendment concerns for religious gatherings have appeared to have given short shrift to the Bill of Rights' guarantees of freedom of assembly and freedom of the press. As reported by Progress New York, the NYPD have reportedly made dragnet apprehensions during protests that have led to the arrests of legal observers, usually civil rights and civil liberties attorneys, who monitor political demonstrations for police abuses of power. Such massive law enforcement responses that have led to the arrests of legal observers in the past have been deemed to have been unlawful. Reports have also indicated that journalists have also been battered by the NYPD during the recent spike in anti-racism protests. Other allegations of First Amendment rights violations have included threats by the NYPD to revoke press passes and the suspension of processing press pass applications.


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Wednesday, June 17, 2020

EDITORIAL : Federal role in lack of NYPD transparency



U.S. Attorneys MIA on NYPD scandals

Progress New York - Update




EDITORIAL


To restore faith in Government, U.S. Attorneys must shine a light of transparency on the NYPD


For one-off cases of NYPD misconduct, the U.S. Attorneys' Offices sometimes come into public view. When the police misconduct complaints are systemic in nature, they go into hiding.


By the Editor


For weeks, New York City has been swept up in a whirlwind of the Coronavirus pandemic, anti-racism protests, and police brutality scandals. More and more, news media have revealed that Gov. Andrew Cuomo (D-New York) and Mayor Bill de Blasio (D-New York City) were to blame for the unpreparedness for and mismanagement of the pandemic. As both political leaders have attempted to feign ignorance or to shift blame, they've both been quick to admit that systemic racism, particularly in policing, has been a long-standing problem that they did not create. In the flashpoint of protest and debate over a lack of police oversight and accountability, two Government offices known for their silence have kept resolutely quiet and still : The U.S. Attorneys' Offices in Brooklyn and Manhattan.


The Federal prosecutors' offices have showed up in the public radar before, notably when Brooklyn U.S. Attorney Richard Donoghue announced in 2019 that no charges would be filed against New York Police Department officer Daniel Pantaleo for the chokehold homicide of Eric Garner. The office of Manhattan U.S. Attorney similarly gave a pass in 2016 to a group of NYPD officers in the suspicious shooting death of Ramarley Graham in his own bathroom. For one-off cases, such as these, the U.S. Attorneys' Offices sometimes come into view. But when the complaints about the NYPD are systemic in nature, they go into hiding.


One opaque Law Enforcement Agency has oversight over another opaque Law Enforcement Agency.


The offices of U.S. Attorneys form part of the U.S. Department of Justice, an Agency which believes it can comply with Government transparency laws, including the Freedom of Information Act, at its sole discretion, an unlawful posturing that is unfortunately routinely reinforced during open records litigation by the Federal Courts and by Government lawyers at the U.S. Attorneys' Offices, including those in Brooklyn and Manhattan. That culture of impunity is reflected at the NYPD. New York City Councilmember Mark Treyger (D-Bensonhurst) has complained about the NYPD refusing to comply with a law requiring the police to report on metal detectors and scanners in schools. When Councilmember Treyger suggested that school principals evaluate school safety performance, he encountered resistance and complained that the evaluations never took place.


There is such a failure of accountability at the NYPD that Albany legislators had to repeal a law that was reported to have been deliberately misinterpreted by Mayor de Blasio in a corrupt effort to block disclosure of NYPD officers' disciplinary records. Critics of Mayor de Blasio's misinterpretation of the law blamed him for violating Government transparency laws by withholding the release of records many considered eligible for release under open records laws.


In connection with large-scale public demonstrations or civil protests, the NYPD consult with U.S. Attorneys regarding investigations of Federal crimes or issues of national security, as reported by Progress New York. Given those consultations, U.S. Attorneys are in a position to question the NYPD about allegations of police misconduct and about their violation of Government transparency laws, particularly if those violations are related to the NYPD's actions to squash large-scale public demonstrations or civil protests. But, true to the opaque nature of law enforcement — whether Federal or Municipal — there is no clarity on those consultations, or whether any oversight has been or is exercised by Federal authorities as a result of allegations of Municipal police misconduct.


The public's confidence in Government has collapsed.


Besides one-off consultations between the NYPD and U.S. Attorneys for matters pertaining to Federal crimes or national security, as is required by the Attorney General's Guidelines on Domestic FBI Operations, it is not known what process or procedure the NYPD follow that give their controversial Strategic Response Group authority, either one-off, periodic, or standing, to suppress large-scale protest activities as a Law Enforcement Agency. An anti-terrorism unit that was created by former NYPD Commissioner Willliam Bratton, the SRG unit has been deployed to squash large-scale civil uprisings, including during recent anti-racism protests in New York City. During the recent anti-racism protests, the NYPD have engaged in dragnet arrests that have threatened journalists and swept up legal observers. In the past, such indiscriminate arrests have been deemed unlawful. As reported by the precursor to Progress New York, the Federal Government has appeared to have given itself authority to criminalise civilian activities protected by the First Amendment based on biases against certain political ideologies. For several reports published by Progress New York, the U.S. Attorneys' Offices in Brooklyn and Manhattan have declined to comment.


The Government's heavy-handed use of force to squash civilian uprisings are rooted in the State's interest in self-preservation. But public confidence in New York's Municipal Government has collapsed, because the Government has countenanced systemic racism and corruption, despite laws making such conditions unlawful. The de Blasio administration has been described to be in a state of "implosion" by the New York Daily News. If the Government cared about restoring the public's faith in Government, it would immediately bring transparency to all matters of law enforcement, beginning with the NYPD, its SRG unit, and the U.S. Attorneys' Offices.


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