We have prepared a 12-page legal analysis showing very clearly that the surveillance methods used by the New York City Police Department (NYPD) are not only effective, but constitutional as well.
As we told you over the past couple of weeks, Attorney General Holder lashed out at the NYPD tactics, calling them ‘disturbing’ based on news accounts of the program. He didn’t bother checking it out, but instead, impugned the integrity of one of the best law enforcement agencies in the world.
The work of the NYPD has prevented 14 known terrorist attacks since 9/11 – an unparalleled level of success – a track record that should be applauded, not criticized.
We examined the techniques utilized by the NYPD and presented a detailed legal analysis, which we have sent to Holder and top New York officials. The conclusion is clear: The surveillance techniques used by the NYPD pose no constitutional concerns and reflect a sound and legitimate response to ongoing terrorist threats facing New York and America.
The entire legal analysis is posted here.
We concluded that the NYPD operations represent “a legitimate response to the dangers inherent in post 9/11 America and comply with court-sanctioned procedural and investigative Guidelines.”
We also note that critics of the program – including the American Civil Liberties Union (ACLU) and the Council on American-Islamic Relations (CAIR) – “refuse to recognize that prior terrorist and unlawful activities by Muslims affiliated with Muslim student organizations and mosques provide a valid reason for inquiry and surveillance of such groups in the interest of national security.”
“The NYPD is not straying from limits imposed by the Constitution nor is it taking extraordinary measures not authorized by the Guidelines,” our analysis concludes. “The world is changing, and law enforcement must be given the means to deal with the new challenges created by global terrorism. Surveillance of mosques and student organizations with a significant record of terrorism is a legitimate response to a serious problem facing New York City and the nation.”
We’re delighted that more than 20,000 Americans signed on to our petition backing the NYPD measures and demanding Holder stop obstructing the work of this agency.
This program by the NYPD is not only lawful and constitutional, it is extremely successful. We hope the Attorney General gets the message.
Jay Sekulow is the Chief Counsel for the American Center for Law and Justice (ACLJ).
Used with the permission of the American Center for Law and Justice.