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No Legal Approval For Joint CIA-NYPD Domestic Spying

Seriously, is it likely that such a murky enterprise was set up without being approved by someone higher up the food chain, like Tenet? Of course not. The question is, did the authorization reach even higher?

The top lawyer at the CIA never approved sending one of its officers to help the New York Police Department create a domestic spying program, raising the possibility that the agency may have violated a ban on domestic spying.

Last August, the Associated Press reported that the CIA had violated that prohibition when it “played a key role in transforming the New York Police Department’s intelligence unit into a cutting edge spy shop dedicated to gathering information on Muslims.”

New York Police Commissioner Raymond Kelly insisted in October that the arrangement was legal under a 1981 presidential order, which allows the CIA to provide local law enforcement with “specialized equipment, technical knowledge or assistance of expert personnel,” provided the guidelines are spelled out in advance and the agency’s general counsel approves of the arrangement.

The AP is now reporting, however, that according to intelligence officials who spoke on condition of anonymity, neither of those things was done in 2002 when then-CIA director George Tenet sent a veteran officer to set up “spying programs that transformed the NYPD into one of the nation’s most aggressive domestic intelligence agencies.”

An internal CIA investigation launched in September by newly-appointed Director David Petraeus concluded there had been no wrongdoing, but the AP report casts fresh doubt on that conclusion.The AP story points out that the role of CIA officer Lawrence Sanchez — and of a second, unidentified, CIA officer who succeeded him in 2010 — was “murky,” which enabled US officials to claim his presence did not violate the ban because he was never directly instructed to help set up the spying programs.“Officially, he is there on a sabbatical to observe the NYPD’s management,” the AP story notes.



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Two related videos tied for spot number 13 in the countdown. Both relate to the OWS protests, and both involve excessive force and aggression on the part of the NYPD. In the first video, a Fox NY News crew is hit with mace and batons while simply standing with a crowd of peaceful protesters.

Luckily for our intrepid Fox News NY reporters, Iraq veteran Shamar Thomas was also among the OWS protesters, and he spoke forcefully straight to the NYPD for the right of the protesters to peacefully gather and demand redress under the Constitution.

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Inspector General: Nothing Wrong With NYPD, CIA Partnership

Well, then! Nothing to worry about:

WASHINGTON (AP) — The CIA says its inspector general has found nothing wrong with the spy agency's close partnership with the New York City Police Department.

The inspector general concluded that no laws were broken and no evidence exists that the CIA was conducting forbidden domestic spying.

The inspector general decided to do a preliminary investigation after a series of stories by The Associated Press revealed how, after the Sept. 11, 2001, attacks the CIA helped the NYPD build domestic intelligence programs that were used to spy on Muslims.

The revelations troubled some members of Congress and even prompted the U.S. director of national intelligence, James Clapper, to remark that it did not look good for the CIA to be involved with any city police department.

The close NYPD-CIA relationship continues.

Members of Congress called for an investigation the day before the results were released:

WASHINGTON — More than two dozen members of Congress are calling for investigation into the CIA's relationship with the New York Police Department.

The members of Congress want to know more about the CIA's collaboration with the police department to monitor Muslims after an Associated Press investigation.

A letter signed by 34 members of Congress was sent to the Department of Justice and House Judiciary Committee asking for a thorough probe.

Rep. Judy Chu, D-Calif., says: "We cannot allow the explicit profiling and targeting of Muslim Americans by the very people who are tasked with protecting and serving their community."



So $150 million of our money is going to a government facility in lower Manhattan where representatives of Wall Street firms get to sit alongside the New York Police Department and spy on your basic law-abiding citizens. Written by Pam Martens on Counter Punch:

According to newly unearthed documents, the planning for this high tech facility on lower Broadway dates back six years. In correspondence from 2005 that rests quietly in the Securities and Exchange Commission’s archives, NYPD Commissioner Raymond Kelly promised Edward Forst, a Goldman Sachs’ Executive Vice President at the time, that the NYPD “is committed to the development and implementation of a comprehensive security plan for Lower Manhattan . . . One component of the plan will be a centralized coordination center that will provide space for full-time, on-site representation from Goldman Sachs and other stakeholders.”

At the time, Goldman Sachs was in the process of extracting concessions from New York City just short of the Mayor’s firstborn in exchange for constructing its new headquarters building at 200 West Street, adjacent to the World Financial Center and in the general area of where the new World Trade Center complex would be built. According to the 2005 documents, Goldman’s deal included $1.65 billion in Liberty Bonds, up to $160 million in sales tax abatements for construction materials and tenant furnishings, and the deal-breaker requirement that a security plan that gave it a seat at the NYPD’s Coordination Center would be in place by no later than December 31, 2009.

The surveillance plan became known as the Lower Manhattan Security Initiative and the facility was eventually dubbed the Lower Manhattan Security Coordination Center. It operates round-the-clock. Under the imprimatur of the largest police department in the United States, 2,000 private spy cameras owned by Wall Street firms, together with approximately 1,000 more owned by the NYPD, are relaying live video feeds of people on the streets in lower Manhattan to the center. Once at the center, they can be integrated for analysis. At least 700 cameras scour the midtown area and also relay their live feeds into the downtown center where low-wage NYPD, MTA and Port Authority crime stoppers sit alongside high-wage personnel from Wall Street firms that are currently under at least 51 Federal and state corruption probes for mortgage securitization fraud and other matters.

In addition to video analytics which can, for example, track a person based on the color of their hat or jacket, insiders say the NYPD either has or is working on face recognition software which could track individuals based on facial features. The center is also equipped with live feeds from license plate readers...read on



This is the kind of face-saving B.S. finding you'd expect from the NYPD. This wasn't a minor policy violation, this was out-and-out brutality. Hopefully, the victims will have better luck in civil court:

NEW YORK (AP) — An internal New York Police Department review has found an official violated department guidelines when he used pepper spray on Occupy Wall Street protesters last month, a person with knowledge of the investigation said Tuesday.

Deputy Inspector Anthony Bologna faces discipline of a loss of 10 vacation days after the Sept. 24 incident near Union Square, shortly after the now-global protests began in a tiny private plaza in lower Manhattan, the person said. The person had direct knowledge of the review but was not authorized to speak publicly and spoke to The Associated Press on condition of anonymity.

[...] Bologna, who works in Manhattan South, has the option to appeal the decision. His union said Bologna's actions were motivated by his concern for the safety of officers under his command and the safety of the public.

"Deputy Inspector Bologna is disappointed at the results of the department investigation," said Roy Richter, president of the NYPD captain's endowment association. "His actions prevented further injury and escalation of tumultuous conduct. To date, this conduct has not been portrayed in its true context."

A lawyer for one of the women, 24-year-old Kaylee Dedrick, said Bologna had assaulted her and he should be arrested.

"The crux of Deputy Inspector Bologna's offense is not that he mishandled pepper spray or shot off mist in a careless fashion; the crux of Bologna's conduct is he engaged in a deliberate assault against five innocent people," attorney Ron Kuby said.




I wrote last week about the multi-million dollar contribution to the NYPD from JPChase, but it turns out the corporate influence goes much deeper than that. Pam Martens, an activist who successfully sued the NYPD after her arrest for handing out leaflets about corruption at Citibank, tells us a lot of things we didn't know about the relationship between the NYPD and Wall Street, and it's jawdropping information:

If you’re a Wall Street behemoth, there are endless opportunities to privatize profits and socialize losses beyond collecting trillions of dollars in bailouts from taxpayers. One of the ingenious methods that has remained below the public’s radar was started by the Rudy Giuliani administration in New York City in 1998. It’s called the Paid Detail Unit and it allows the New York Stock Exchange and Wall Street corporations, including those repeatedly charged with crimes, to order up a flank of New York’s finest with the ease of dialing the deli for a pastrami on rye.

The corporations pay an average of $37 an hour (no medical, no pension benefit, no overtime pay) for a member of the NYPD, with gun, handcuffs and the ability to arrest. The officer is indemnified by the taxpayer, not the corporation.

New York City gets a 10 percent administrative fee on top of the $37 per hour paid to the police. The City’s 2011 budget called for $1,184,000 in Paid Detail fees, meaning private corporations were paying wages of $11.8 million to police participating in the Paid Detail Unit. The program has more than doubled in revenue to the city since 2002.

The taxpayer has paid for the training of the rent-a-cop, his uniform and gun, and will pick up the legal tab for lawsuits stemming from the police personnel following illegal instructions from its corporate master. Lawsuits have already sprung up from the program.

Apparently the city doesn't bother to insure the NYPD for liability, saying it's cheaper to shell out for settlements. (Here's a guy who was strong-armed by those private detail cops for daring to attempt to use the bathroom during a 9/11 tribute at a Yankees game. Wonder how much that cost the city? In the past decade, the NYPD has paid almost a billion dollars in legal settlements.)

When the program was first rolled out, one insightful member of the NYPD posted the following on a forum: “… regarding the officer working for, and being paid by, some of the richest people and organizations in the City, if not the world, enforcing the mandates of the private employer, and in effect, allowing the officer to become the Praetorian Guard of the elite of the City. And now corruption is no longer a problem. Who are they kidding?”

[...] When the infamously mismanaged Wall Street firm, Lehman Brothers, collapsed on September 15, 2008, its bankruptcy filings in 2009 showed it owed money to 21 members of the NYPD’s Paid Detail Unit. (A phone call and email request to the NYPD for information on which Wall Street firms participate in the program were not responded to. The police unions appear to have only scant information about the program.)

Other Wall Street firms that are known to have used the Paid Detail include Goldman Sachs, the World Financial Center complex which houses financial firms, and the New York Stock Exchange.

[...] On September 8, 2004, Robert Britz, then President and Co-Chief Operating Officer of the New York Stock Exchange, testified as follows to the U.S. House Committee on Financial Services:

“…we have implemented new hiring standards requiring former law enforcement or military backgrounds for the security staff…We have established a 24-hour NYPD Paid Detail monitoring the perimeter of the data centers…We have implemented traffic control and vehicle screening at the checkpoints. We have installed fixed protective planters and movable vehicle barriers.”

Military backgrounds; paid NYPD 24-7; checkpoints; vehicle barriers? It might be insightful to recall that the New York Stock Exchange originally traded stocks with a handshake under a Buttonwood tree in the open air on Wall Street.

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It is highly unlikely that anything will happen to former deli owner and current police inspector Tony Baloney as a result of this investigation (after all, cops routinely get away with killing people and this was only pepper spray), but you never know. They might come up with a minor infraction and give him a symbolic punishment so they can claim "justice" was done. Which is the exact same approach all those people in Zuccotti Park are protesting, but you know how it goes:

The police and Manhattan prosecutors are separately examining a high-ranking officer’s use of pepper spray on a number of female protesters at a demonstration on Saturday.

Raymond W. Kelly, commissioner of the New York Police Department, said Wednesday that its Internal Affairs Bureau would look at the decision by the officer, Deputy Inspector Anthony Bologna, to use pepper spray, even as Mr. Kelly criticized the protesters for “tumultuous conduct.”

At the same time, the office of the Manhattan district attorney, Cyrus R. Vance Jr., has opened an investigation into the episode, which was captured on video and disseminated on the Internet, according to a person briefed on the matter who spoke on the condition of anonymity because the inquiry is continuing.

Inspector Bologna was identified on Wednesday in another video spraying others in the Occupy Wall Street demonstration with pepper spray. Recordings of the episodes show Inspector Bologna striding through a chaotic street scene along East 12th Street, where officers arrested some protesters and corralled others behind orange mesh netting.

Deputy Inspector Roy T. Richter, the head of the Captains Endowment Association, the union that represents the upper echelons of city officers, said Inspector Bologna, who formerly led the 1st Precinct and now works in counterterrorism, would “cooperate with whatever investigative body the police commissioner designates to perform this review.”



What a lovely, thoughtful thing to do, to make such a public minded gift. Of course, the more cynical among us might suspect Jamie Dimon simply hired the NYPD as his company's own special rent-a-cops. Via Odd Man Out:

JPMorgan Chase recently donated an unprecedented $4.6 million to the New York City Police Foundation. The gift was the largest in the history of the foundation and will enable the New York City Police Department to strengthen security in the Big Apple. The money will pay for 1,000 new patrol car laptops, as well as security monitoring software in the NYPD’s main data center.

New York City Police Commissioner Raymond Kelly sent CEO and Chairman Jamie Dimon a note expressing “profound gratitude” for the company’s donation.

“These officers put their lives on the line every day to keep us safe,” Dimon said. “We’re incredibly proud to help them build this program and let them know how much we value their hard work.”

From Naked Capitalism:

Now readers can point out that this gift is bupkis relative to the budget of the police department, which is close to $4 billion. But looking at it on a mathematical basis likely misses the incentives at work. Dimon is one of the most powerful and connected corporate leaders in Gotham City. If he thinks the police donation was worthwhile, he might encourage other bank and big company CEOs to make large donations.

And what sort of benefits might JPM get? It is unlikely that there would be anything as crass as an explicit quid pro quo. But it certainly is useful to be confident that the police are on your side, say if an executive or worse an entire desk is caught in a sex or drugs scandal. Recall that Charles Ferguson in Inside Job alleged that the use of hookers is pervasive on Wall Street (duh) and is invoiced to the banks.

Or the police might be extra protective of your interests. Today, OccupyWallStreet decided to march across the Brooklyn Bridge (a proud New York tradition) to Chase Manhattan Plaza in Brooklyn. Reports in the media indicate that the police at first seemed to be encouraging the protestors not only to cross the bridge, but were walking in front of the crowd, seemingly escorting them across.

The wee problem is that the police are in the street, and part of the crowd is also on the street (others are on a pedestrian walkway that is above street level). That puts them in violation of NYC rules that against interfering with traffic. Note the protesters were aware of the rules; they were careful to stay on the sidewalk on the way to the bridge.

Over 700 of the marchers were arrested, and the media has a rather amusing “he said, she said” account, with OccupyWallStreet claiming entrapment and the cops batting their baby blues and trying to look innocent.

Nothing as crass as an explicit quid pro quo! Just a little something to remind the cops that some people deserve more protection than others, and are likely to be very grateful for it. More here.



From the descriptions of the people who were there, it sounds as though Mayor Bloomberg's strategy is to thin the ranks of protesters with set-ups like this. The Powers That Be don't understand how many more people are waiting in line to support the Occupy Wall Street actions:

Police reopened the Brooklyn Bridge on Saturday evening after more than 500 anti-Wall Street protesters were arrested for blocking traffic lanes and attempting an unauthorized march across the span.

The arrests took place when a large group of marchers, participating in a second week of protests by the Occupy Wall Street movement, broke off from others on the bridge's pedestrian walkway and headed across the Brooklyn-bound lanes.

"More than 500 were arrested on the Brooklyn Bridge late this afternoon after multiple warnings by police were given to protesters to stay on the pedestrian walkway," a police spokesman said.

"Some complied and took the walkway without being arrested. Others locked arms and proceeded on the Brooklyn-bound vehicular roadway and were arrested," he added.

The bridge was reopened at 8:05 p.m. EDT after being closed for hours.

Witnesses described a chaotic scene on the famous suspension bridge as a sea of police officers surrounded the protesters using orange mesh netting.

Some protesters tried to get away as officers started handcuffing members of the group. Dozens of protesters were seen handcuffed and sitting on the span as three buses were called in to take them away, witnesses and organizers said.

The NY Times interviewed protesters who said, despite NYPD claims, the police never warned them they couldn't walk in the roadway:

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NYPD Spokesman: We Used Pepper Spray 'Appropriately'

Now that the videos have gone viral, the NYPD has come up with a rationale for why they used pepper spray on a group of young protesters for no apparent reason:

As the police arrested a protester in the street, an officer wearing a white shirt — indicating a rank of lieutenant or above — walked toward a group of demonstrators nearby and sent a blast of pepper spray that hit four women, the videos show.

Numerous videos and photos captured the aftermath: two women crumpled on the sidewalk in pain, one of them screaming. They were temporarily blinded, one of the women, Chelsea Elliott, said.

Ms. Elliott, 25, who was not arrested, acknowledged that “there were some rough people out there” at the protests. She and the other women were penned in behind police netting meant for crowd control. But, she said, neither she nor the women around her did anything to warrant having pepper spray used on them.

“Out of all the people they chose to spray, it was just me and three other girls,” she said Sunday in a telephone interview. “I’m not pushing against anybody, or trying to escape.”

The Police Department’s chief spokesman, Paul J. Browne, said the police had used the pepper spray “appropriately.”

“Pepper spray was used once,” he added, “after individuals confronted officers and tried to prevent them from deploying a mesh barrier — something that was edited out or otherwise not captured in the video.”

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