"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘“Pre-Crime”’

Overcriminalization Begets Stop & Frisk-Gate: New York’s Police Union Worked With the NYPD To Illegally Set Arrest And Summons Quotas

In Uncategorized on March 20, 2013 at 1:03 pm

https://electedface.com/images/Artical_Images/6%20stop%20and%20frisk.jpgOldspeak: “Behold! The fruits of Prison Industrial Complex Overcriminalization! Specific targeting of communities of color for “Law Enforcement”, like suspicion-less stop and frisks, bogus arrests and baseless summonses to meet “performance goals”.  All while the police union denies it’s even happening. At a time when crime in NYC is at record lows, police are still being pressured to make more arrests and issue more summonses, mostly to people who’ve done nothing wrong.   Not meeting “activity goals” = bad cop. This opens them up to various forms of retaliation and punishment. Why?  The Prison Industrial Complex needs fuel to keep stay in business, grow larger and larger with profits. That fuel must be extracted at all costs.  Poor people of color are its fuel.  It is why more black men are in prison now, than were slaves in 1865. It’s why black and brown people are overrepresented in the U.S. prison system.  It’s why brown people are being stopped, seized, detained and deported at historic rates. It is why America accounts for 5% of world population, but close to 25% of the worlds prison population and imprisons more people than any nation on earth. Law enforcement and mass incarceration is big business in America. And rank and file officers sadly are stuck in the middle.  Being encouraged by superiors to make bogus stops, arrests and summons at the end of their shifts to collect overtime, thus engaging in fraud to meet “activity goals” and make more money. Being forced to act unlawfully and untruthfully to keep ‘the numbers game’ going.  You can bet that this practice is not particular to New York. This revelation should provide powerful grounds for stopping NYPD’s racist and illegal Stop and Frisk policy.”

Related Stories:

AUDIO: New York’s Police Union Worked With the NYPD to Set Arrest and Summons Quotas.

Stopped-and-Frisked: ‘For Being a Fucking Mutt’ [VIDEO]

The Hunted and the Hated: An Inside Look at the NYPD’s Stop-and-Frisk Policy

By Ross Tuttle @ The Nation:

Audio obtained by The Nation confirms an instance of New York City’s police union cooperating with the NYPD in setting arrest quotas for the department’s officers. According to some officers and critics of quotas, the practice has played a direct role in increasing the number of stop-and-frisk encounters since Mayor Michael Bloomberg came to office. Patrolmen who spoke to The Nation explained that the pressure from superiors to meet quota goals has caused some officers to seek out or even manufacture arrests to avoid department retaliation.

The audio could be included as evidence in the landmark federal class action lawsuit Floyd, et al. v. City of New York, et al., which opened yesterday in US District Court for New York’s Southern District and which was brought forward by the Center for Constitutional Rights.

The audio, recorded in 2009 by officer Adhyl Polanco, is part of a series of recordings originally released to the media that year, and a selection first aired on WABC-TV in 2010. But WABC-TV used only a small portion of the recordings, and did not air the union representative’s explosive admission.

“I spoke to the CO [commanding officer] for about an hour-and-a-half,” the Patrolmen’s Benevolent Association delegate says in the audio recording, captured at a Bronx precinct roll call meeting. “twenty-and-one. Twenty-and-one is what the union is backing up…. They spoke to the [Union] trustees. And that’s what they want, they want 20-and-1.”

“Twenty-and-one means twenty summonses and one arrest a month,” says a veteran NYPD officer who listened to the recording, and who spoke to The Nation on the condition of anonymity. Summonses can range from parking violations, to moving violations, to criminal court summonses for infractions such as open container or public urination.

“It’s a quota, and they [the Union] agreed to it,” says the officer. “It’s crazy.”

“Many officers feel pressure to meet their numbers to get the rewards that their commanding officer is giving out,” says John Eterno, a former police captain and co-author of The Crime Numbers Game: Management by Manipulation. But if an officer’s union delegate is also pushing the numbers, “this puts inordinate pressure on officers, getting it from the top down and getting it from the union.”

The plaintiffs in the Floyd case allege that the New York Police Department’s stop-and-frisk policy results in unconstitutional stops based on racial-profiling. The department’s emphasis on bringing in arrest and summons numbers has caused officers to carry out suspicion-less stops in communities of color.

As Polanco explained in court today, his superiors would often push him to carry out this specific number of summons and arrest stops per month:  “20-and-1, they were very clear, it’s non-negotiable, you’re gonna do it, or you’re gonna become a Pizza Hut delivery man.”

“There’s always been some pressure to get arrests and summonses,” says Eterno. “But now it’s become the overwhelming management style of the department. It has become a numbers game. They have lost the ability to see that communities are dissatisfied with this type of policing, especially minority communities. They are the ones being overly burdened for doing the same sorts of things that kids in middle-class neighborhoods are doing—only they’re getting records because officers have to make these arrests.”

When asked for comment, Al O’Leary, a spokesperson for the Patrolman’s Benevolent Association, said: “The PBA has been consistently and firmly opposed to quotas for police activities including arrests, summonses and stop-and-frisks. These are all effective tools for maintaining order when they are left to the discretion of individual police officers but become problematic when officers are forced to meet quotas. This union has sought and obtained changes to state law making quotas for all police activities illegal. We have sued and forced an individual commanding officer to stop the use of illegal quotas and will continue to be vigilant and vocal in our opposition to police activity quotas.”

* * *

Physical evidence has periodically surfaced of the existence of numerical arrest targets for NYPD officers, though arrest and summons quotas for police have been illegal in New York State since 2010. Precinct commanders defend their right to set productivity goals for their staff—but what the department defines as productivity goals can have the force of quotas when officers are subject to retaliation for not meeting them.

Cops who have spoken to The Nation say that retaliation can take many forms, including denied overtime; change of squads and days off that can disrupt family obligations like taking children to school or daycare; transfers to boroughs far from home in order to increase their commute and the amount they’ll have to pay in tolls; and low evaluation scores.

Officers even reported being forced to carry out unwarranted stops to fulfill the summons and arrest numbers. In a second recording obtained by The Nation, a captain addressing a roll call in the same Bronx precinct illustrated how such retaliation plays out.

“When the chief came in…[he] said: ‘you know what, you really can’t reduce crime much more, the guys are doing a great job,’” the captain can be heard saying in the rough audio. “[He] said that we can…get some of our people who aren’t chipping in to go to some locations [where we are] having problems, and give them [the area’s residents] the business…”

The recording continues: “That’s all we’re asking you to do, that’s all, that’s all. And if we do that, everyone chips in, it’s fine. It’s really nonnegotiable. ’Cause if you don’t do it now, I’m gonna have you work with the boss to make sure it happens.”

“If you don’t meet the quota, they will find [activity] for you,” another veteran officer explained to The Nation. “The sergeant will put you in his car and drive you around until whatever he sees he will stop and tell you to make an arrest or write a summons, even if you didn’t observe what he said it was.”

Sometimes these are legitimate stops, but other times, they’re bogus: “The sergeant told me to write two minorities for blocking pedestrian traffic,” the anonymous officer said, “but they were not blocking pedestrian traffic.”

The pressure for numbers, say cops, is unrelenting, and it’s leading to high anxiety and low morale. And that the union, an organization that is supposed to have officers’ interests at heart, is involved in the setting of quotas is mystifying, says one cop.

It’s all the more problematic given the union’s very vocal and public stance against quotas, such as in their ad campaign, “Don’t Blame The Cop,” which tries to engender sympathy for the officers who are pressured to write tickets and arrest motorists. “Blame NYPD management,” it says.

This development also signals to officers that there is one fewer place they can go to register their concern about departmental policy and practice. “I feel foolish for having gone to my [union] delegate with my complaints,” says one officer who has been unsettled by the continued pressure to meet quotas.

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Adhyl Polanco, the officer who recorded the audio and first brought it to the attention of the press, has since had charges brought against him by the department for writing false reports—the same false reports he pointed out to the department’s Internal Affairs office as evidence of the quota system. Polanco maintains these and other charges against him and other officers who have spoken out are evidence that the department is retaliating against him and others for blowing the whistle.

The NYPD has just surpassed 5 million stop-and-frisks during the Bloomberg era. Most stops have been of people of color, and the overwhelming majority were found innocent of any wrongdoing, according to the department’s own statistics. And though the number of stops may have gone down recently—as pressure on the department and increased awareness of the policy has officers and supervisors thinking twice about how they employ the practice—the existence of quotas ensures that New Yorkers will continue to be harassed unnecessarily by the NYPD.

“The way I think about it,” says a patrolman, “is, say a fireman is told by a supervisor, we need you to put out fifteen fires this month. And if you don’t put out fifteen fires you’re gonna get penalized for it. So if he doesn’t find fifteen fires to put out, is that his fault? It’s not. But the fireman might even go out there and start setting fires, causing fires, just so he’s not penalized or looks bad…. And that’s kind of what the police officers are doing.”

What are the plaintiffs in the Floyd v. City of New York case fighting against? Watch the exclusive video of a stop-and-frisk encounter gone wrong.

Editor’s note: This piece has been edited since publication to reflect the response of the Patrolmen’s Benevolent Association. Voices in the above video have been altered to protect the identities of the officers interviewed.

U.S. Department Of Justice “White Paper” Justifies Obama Administration Broader Powers To Execute Americans; Engage In Preemptive Cyber-War

In Uncategorized on February 6, 2013 at 8:29 pm

Oldspeak: “Secret Courts”, “Secret Evidence”, “Secret Interpretations of Laws”, “Secret National Security Directives”, Due process/evidence-free, unconstitutional surveillance, indefinite detention, &  execution of citizens accused of being “terrorists”.  These are classic conditions that exist in totalitarian/police states.  Basic rights assured for hundreds of years,  have slowly in this post 9/11 world have been stripped away. Largely in secret. All while the power of the Unitary Executive expands.”

By Washington’s Blog:

Bush and Obama Have Set Us Back 800 Years

NBC News reports:

Legal experts expressed grave reservations Tuesday about an Obama administration memo concluding that the United States can order the killing of American citizens believed to be affiliated with al-Qaida — with one saying the White House was acting as “judge, jury and executioner.”

Anyone should be concerned when the president and his lawyers make up their own interpretation of the law or their own rules,” said Mary Ellen O’Connell, a law professor at the University of Notre Dame and an authority on international law and the use of force.

“This is a very, very dangerous thing that the president has done,” she added.

***

Glenn Greenwald, a constitutional lawyer who writes about security and liberty for the British newspaper The Guardian, described the memo as “fundamentally misleading,” with a clinical tone that disguises “the radical and dangerous power it purports to authorize.”

“If you believe the president has the power to order U.S. citizens executed far from any battlefield with no charges or trial, then it’s truly hard to conceive of any asserted power you would find objectionable,” he wrote.

Senator Wyden said:

Every American has the right to know when their government believes that it is allowed to kill them.

Top constitutional law expert Jonathan Turley notes:

In plain language, [the Obama administration memo]  means that [any Americans can be assassinated if] the President considers the citizens to be a threat in the future. Moreover, the memo allows killings when an attempt to capture the person would pose an “undue risk” to U.S. personnel. That undue risk is left undefined.

I think I’ve seen that movie before

Given that drones are being deployed in the American homeland, some fear that the war is coming home.

Indeed, the military now considers the U.S. homeland to be a battlefield.  The U.S. is already allowing military operations within the United States.    The Army is already being deployed on U.S. soil, and the military is conducting numerous training exercises on American streets.  (For more background, see this, this, this, this, and this.)

Similarly, the White House has claimed the unilateral power to launch pre-emptive cyber-strikes against foreign nations.  As FireDogLake notes:

Like with the drone program, President Barack Obama is presiding over the creation and development of a power that previous presidents never imagined having. The national security state is effectively appointing him and all future presidents the proverbial judge, jury and executioner when it comes to cyber warfare.

As Greenwald makes clear, virtually all of the U.S. efforts regarding so-called “cyber-security” are actually efforts to create offensive attack capabilities.

And given that the government may consider normal Americans who criticize any government policy to be terrorists – and that the military is fighting against dissent on the Internet  – it is obvious that the cyber-attack capabilities are coming home to roost.

Of course, indiscriminate drone strikes are war crimes (and here and here) , and cyber-attacks are a form of terrorism. But that won’t stop the U.S. … because it’s only terrorism when other people do what we do.

As Greenwald noted last year:

We supposedly learned important lessons from the abuses of power of the Nixon administration, and then of the Bush administration: namely, that we don’t trust government officials to exercise power in the dark, with no judicial oversight, with no obligation to prove their accusations. Yet now we hear exactly this same mentality issuing from Obama, his officials and defenders to justify a far more extreme power than either Nixon or Bush dreamed of asserting: he’s only killing The Bad Citizens, so there’s no reason to object!

Greenwald notes in an article today:

The core distortion of the War on Terror under both Bush and Obama is the Orwellian practice of equating government accusations of terrorism with proof of guilt. One constantly hears US government defenders referring to “terrorists” when what they actually mean is: those accused by the government of terrorism. This entire memo is grounded in this deceit.

Time and again, it emphasizes that the authorized assassinations are carried out “against a senior operational leader of al-Qaida or its associated forces who poses an imminent threat of violent attack against the United States.” Undoubtedly fearing that this document would one day be public, Obama lawyers made certain to incorporate this deceit into the title itself: “Lawfulness of a Lethal Operation Directed Against a US Citizen Who is a Senior Operational Leader of al-Qaida or An Associated Force.”

This ensures that huge numbers of citizens – those who spend little time thinking about such things and/or authoritarians who assume all government claims are true – will instinctively justify what is being done here on the ground that we must kill the Terrorists or joining al-Qaida means you should be killed. That’s the “reasoning” process that has driven the War on Terror since it commenced: if the US government simply asserts without evidence or trial that someone is a terrorist, then they are assumed to be, and they can then be punished as such – with indefinite imprisonment or death.

But of course, when this memo refers to “a Senior Operational Leader of al-Qaida”, what it actually means is this: someone whom the President – in total secrecy and with no due process – has accused of being that. Indeed, the memo itself makes this clear, as it baldly states that presidential assassinations are justified when “an informed, high-level official of the US government has determined that the targeted individual poses an imminent threat of violent attack against the US”.

This is the crucial point: the memo isn’t justifying the due-process-free execution of senior al-Qaida leaders who pose an imminent threat to the US. It is justifying the due-process-free execution of people secretly accused by the president and his underlings, with no due process, of being that. The distinction between (a) government accusations and (b) proof of guilt is central to every free society, by definition, yet this memo – and those who defend Obama’s assassination power – willfully ignore it.

Those who justify all of this by arguing that Obama can and should kill al-Qaida leaders who are trying to kill Americans are engaged in supreme question-begging. Without any due process, transparency or oversight, there is no way to know who is a “senior al-Qaida leader” and who is posing an “imminent threat” to Americans. All that can be known is who Obama, in total secrecy, accuses of this.

(Indeed, membership in al-Qaida is not even required to be assassinated, as one can be a member of a group deemed to be an “associated force” of al-Qaida, whatever that might mean: a formulation so broad and ill-defined that, as Law Professor Kevin Jon Heller argues, it means the memo “authorizes the use of lethal force against individuals whose targeting is, without more, prohibited by international law”.)

The definition of an extreme authoritarian is one who is willing blindly to assume that government accusations are true without any evidence presented or opportunity to contest those accusations. This memo – and the entire theory justifying Obama’s kill list – centrally relies on this authoritarian conflation of government accusations and valid proof of guilt.

They are not the same and never have been. Political leaders who decree guilt in secret and with no oversight inevitably succumb to error and/or abuse of power. Such unchecked accusatory decrees are inherently untrustworthy (indeed, Yemen experts have vehemently contested the claim that Awlaki himself was a senior al-Qaida leader posing an imminent threat to the US). That’s why due process is guaranteed in the Constitution and why judicial review of government accusations has been a staple of western justice since the Magna Carta: because leaders can’t be trusted to decree guilt and punish citizens without evidence and an adversarial process. That is the age-old basic right on which this memo, and the Obama presidency, is waging war.

We’ve previously pointed out the absurdity of the government’s circular reasoning in the context of indefinite detention:

The government’s indefinite detention policy – stripped of it’s spin – is literally insane, and based on circular reasoning. Stripped of p.r., this is the actual policy:

  • If you are an enemy combatant or a threat to national security, we will detain you indefinitely until the war is over
  • But trust us, we know you are an enemy combatant and a threat to national security

See how that works?

The Founding Fathers are rolling in their graves, as the separation of powers they fought and died for is being destroyed.  We’ve gone from a nation of laws to a nation of powerful men making laws in secret, where Congressional leaders themselves aren’t even allowed to see the laws, or to learn about covert programs.  A nation where Congressmen are threatened with martial law if they don’t approve radical programs.

Indeed, Bush and Obama have literally set the clock back 800 years … to before the signing of the Magna Carta.

FBI Quietly Releases Plans For ‘Social Media Application’ To Continuously Monitor Facebook, Twitter, You Tube, Flickr & Other Social Networks Worldwide

In Uncategorized on January 31, 2012 at 4:29 pm

Oldspeak:’ Social networks are about connecting people with other people – if one person is the target of police monitoring, there will be a dragnet effect in which dozens, even hundreds, of innocent users also come under surveillance. It is not necessarily the case that the more information law enforcement officers have, the safer we will be.’ –Gus Hosein, Privacy International  Following the lead of the U.S. Federal Reserve Bank, & The Pentagon, the FBI will be monitoring all social networks for ‘bad actors’ & ’emerging threats’, and locating them via Google and Yahoo Maps. The power of social networking to foment and facilitate protest and dissent has been demonstrated the world over. Tools are being created to dilute, counteract & co-opt that power. Left unanswered, who will be designated as a ‘bad actor’ or ‘threat’, in the minds of people who are trained to view protestors and dissenters as low-level terrorists. It will be interesting to see as more and more freedoms are eliminated, and more and more people are viewed as “domestic terrorists” for protesting unconstitutional laws, who will be labeled “terrorists” or “enemy combatants” in the future. Intellectutals? Journalists? Activists? Bloggers? You?

Related Stories:

FBI’s Counterterrorism Operations Scrutinizing Political Activists

Spying on U.S Citizens — Uncle Sam turns his multi-billion dollar espionage network on U.S Citizens

By Common Dreams:

The FBI’s Strategic Information and Operations Center (SOIC) posted a ‘Request for Information (RFI)’ online last week seeking companies to build a social network monitoring system for the FBI. The 12-page document (.pdf) spells out what the bureau wants from such a system and invites potential contractors to reply by February 10, 2012.

It says the application should provide information about possible domestic and global threats superimposed onto maps “using mash-up technology”.

It says the application should collect “open source” information and have the ability to:

  • Provide an automated search and scrape capability of social networks including Facebook and Twitter.
  • Allow users to create new keyword searches.
  • Display different levels of threats as alerts on maps, possibly using color coding to distinguish priority. Google Maps 3D and Yahoo Maps are listed among the “preferred” mapping options.
  • Plot a wide range of domestic and global terror data.
  • Immediately translate foreign language tweets into English.

It notes that agents need to “locate bad actors…and analyze their movements, vulnerabilities, limitations, and possible adverse actions”. It also states that the bureau will use social media to create “pattern-of-life matrices” — presumably logs of targets’ daily routines — that will aid law enforcement in planning operations.

* * *

New Scientist magazine reports today:

“These tools that mine open source data and presumably store it for a very long time, do away with that kind of privacy. I worry about the effect of that on free speech in the US” — Jennifer Lynch of the Electronic Frontier FoundationThe US Federal Bureau of Investigation has quietly released details of plans to continuously monitor the global output of Facebook, Twitter and other social networks, offering a rare glimpse into an activity that the FBI and other government agencies are reluctant to discuss publicly. The plans show that the bureau believes it can use information pulled from social media sites to better respond to crises, and maybe even to foresee them. […]

The use of the term “publicly available” suggests that Facebook and Twitter may be able to exempt themselves from the monitoring by making their posts private. But the desire of the US government to watch everyone may still have an unwelcome impact, warns Jennifer Lynch at the Electronic Frontier Foundation, a San Francisco-based advocacy group.

Lynch says that many people post to social media in the expectation that only their friends and followers are reading, which gives them “the sense of freedom to say what they want without worrying too much about recourse,” says Lynch. “But these tools that mine open source data and presumably store it for a very long time, do away with that kind of privacy. I worry about the effect of that on free speech in the US”.

* * *

The BBC reports:

“Social networks are about connecting people with other people – if one person is the target of police monitoring, there will be a dragnet effect in which dozens, even hundreds, of innocent users also come under surveillance” — Gus Hosein, Privacy InternationalThe FBI issued the request three weeks after the US Department of Homeland Security released a separate report into the privacy implications of monitoring social media websites.

It justified the principle of using information that users have provided and not opted to make private.

“Information posted to social media websites is publicly accessible and voluntarily generated. Thus the opportunity not to provide information exists prior to the informational post by the user,” it says.[…]

The London-based campaign group, Privacy International, said it was worried about the consequences of such activities.

“Social networks are about connecting people with other people – if one person is the target of police monitoring, there will be a dragnet effect in which dozens, even hundreds, of innocent users also come under surveillance,” said Gus Hosein, the group’s executive director.

“It is not necessarily the case that the more information law enforcement officers have, the safer we will be.

“Police may well find themselves overwhelmed by a flood of personal information, information that is precious to those it concerns but useless for the purposes of crime prevention.”

* * *

The Fierce Government website reports on ‘refining raw social media into intelligence gold’:

The notion that the future can be predicted by trends expressed in collective social media output is one that has gained increased currency in academic writing. A January analysis (.pdf) published by the Rand Corp. of tweets using the #IranElection hashtag during 2009 and early 2010 found a correlation between appearance of swear words and protests. The study also found a shift that indicated the protest movement was losing momentum when swearing shifted from curses at the Iranian President Mahmoud Ahmadinejad to curses at an opposition figure.

A March 2011 paper published in the Journal of Computational Science (abstract) also posited that movements of the Dow Jones Industrial Average could be predicted to an accuracy of 86.7 percent by changes of national mood reflected in Tweets. According to The Economist, British hedge fund Derwent Capital Markets has licensed the algorithm to guide the investments of a $41 million fund.