NYC Can’t Use Secret Arguments Against Protesters

Associated Press

The city must disclose its arguments about why documents on police surveillance of protesters before the 2004 Republican National Convention should be kept confidential, a judge ruled Tuesday.

U.S. Magistrate Judge James C. Francis IV in Manhattan said the court won’t consider a sealed affidavit by David Cohen, the New York Police Department’s commissioner for intelligence.

“Permitting the submission of secret argument is antithetical to our adversary system of justice,” Francis wrote, ruling that a revised statement by Cohen must be submitted publicly.

…Christopher Dunn, associate legal director at the NYCLU, said the ruling is another example of the federal court making it “clear that the details of the NYPD’s aggressive convention tactics cannot be kept behind closed doors.”

He added: “If the NYPD wants to rely on its political-surveillance operation to defend its tactics, the department must disclose the details of that operation.”

(Original Article)