NYPD lied under oath to prosecute Occupy activist
RT | March 02, 2013
An Occupy Wall Street activist was acquitted of assaulting a police officer and other charges on Thursday after jurors were presented with video evidence that directly contradicted the NYPD’s story.
Michael Premo was found innocent of all charges this week in regards to a case that stems from a December 17, 2011 Occupy Wall Street demonstration in Lower Manhattan. For over a year, prosecutors working on behalf of the New York Police Department have insisted that Premo, a known artist and activist, tackled an NYPD officer during a protest and in doing so inflicted enough damage to break a bone.
During court proceedings this week, Premo’s attorney presented a video that showed officers charging into the defendant unprovoked. The Village Voice reports that jurors deliberated for several hours on Thursday and then elected to find Premo not guilty on all counts, which included a felony charge of assaulting an officer of the law.
Since his arrest, supporters of Premo have insisted on his innocence. “They’re trying to make something out of nothing and they’re trying to charge him with something that didn’t actually occur,” colleague Rachel Falcone told Free Speech Radio News this week.
After being arrested, the Manhattan District Attorney’s office presented Premo with a deal that would have let him off the hook by pleading guilty to lesser charges. Maintaining his innocence, however, he was determined to fight the case in court.
Premo was “facing serious charges and potential substantial jail sentence, even though he never should have been arrested at all,” his supporters claimed in a post published on The Laundromat Project website.
Nick Pinto of the Village Voice says he was nearby during the December 2011 rally and recalls watching Premo’s arrest from a distance. In his report from court this week, Pinto explains how the details provided by the NYPD in this trial have been fabricated to such a degree that the allegations presented by the cops turned out to be literally the opposite of what occurred.
“Premo charged the police like a linebacker, taking out a lieutenant and resisting arrest so forcefully that he fractured an officer’s bone. That’s the story prosecutors told in Premo’s trial, and it’s the general story his arresting officer testified to under oath as well,” Pinto writes. He adds that attorneys for the defendant underwent a lengthy search to try and find video that verified their own account yjpihj, and found one in the hands of Democracy Now. “Far from showing Premo tackling a police officer,” writes Pinto, that video “shows cops tackling him as he attempted to get back on his feet.”
The footage obtained from Democracy Now also showed that an NYPD officer was filming the arrest as well, but prosecutors told Premo’s attorney that no such footage existed.
“There is no justice in the American justice system, but you can sometimes find it in a jury,” Premo tweeted after he was acquitted this week.
In an interview given to NBC in 2012, Premo identified himself as a spokesperson for the Occupy Wall Street movement. He has also led an initiative in the New York area that has provided relief to those that endured last year’s Superstorm Sandy and has also advocated for fair housing.
“The biggest thing for me coming out of this,” he told the Voice, “is not being discouraged by the attempts of New York City to quell dissent and prevent us from expressing our constitutional rights.”
Related article
Phony Occupy Link to Weapons Cache
By Peter Hart | FAIR | January 4, 2013
Bad enough, assuming the details are as they seem. (The explosive was reportedly seven grams, about a quarter of an ounce, of a substance called HTMD, which is slightly less explosive than TNT; this amount seems more suitable for blowing off your fingers than for blowing up a building.)
But the Murdoch-owned New York Post gave the story a political angle (12/31/12):
The pregnant daughter of a prominent city doctor, and her boyfriend–a Harvard grad and Occupy Wall Street activist–were busted for allegedly having a cache of weapons and a powerful bomb-making explosive in their apartment in a Greenwich Village brownstone.
That’s right–Occupy Wall Street. This isn’t the first time the paper has reported a link between a criminal case and the activist movement. Back in July, the paper reported that DNA from an Occupy protest was linked to an unsolved 2004 murder. The DNA “match” turned out to be contamination by an employee of the police department lab.
And this time around, the OWS link would seem to be nonexistent. No one associated with Occupy seems to know who this Aaron Greene person might be. The paper notes in the final paragraph that Greene “has five prior run-ins with the police,” which might be more relevant than a seemingly phantom connection to an activist group.
The Post’s report was cited in other news accounts; the Associated Press (12/31/12), for instance, put it this way:
The New York Post reported in its Monday editions that Gliedman is the daughter of a prominent Manhattan doctor. It described her boyfriend as a Harvard graduate and an Occupy Wall Street activist.
And on CBS This Morning (1/2/13), Seth Doane reported:
CBS News has learned that police seized two shotguns, a flare launcher, nine high-capacity rifle magazines, various handwritten notebooks containing formulas, literature on how to make booby traps and homemade weapons, and pages from a do-it-yourself manual called The Terrorist Encyclopedia. The New York Post reported Greene was a member of the Occupy Wall Street movement but the group has denied this.
But CBS doesn’t leave it there. They followed that with a soundbite from Mitchell Silbe of K2 Intelligence, who spun out this scenario:
The assumption is that the vast majority of the people there were peaceful protestors, but there was a more radical fringe element to the group, and there was a concern that at some point they might turn to violence if they weren’t accomplishing their political aims.
It’s bad enough to treat a unsubstantiated claim by a partisan news outlet, with a record of sensational misinformation on the same subject, as a relevant fact in a story. But how do you justify using this junk journalism as a chance to let a source give free rein to his fantasies of how Occupy might take a turn towards violence?
Related articles
- New York Post Helps NYPD Slander Occupy Wall Street (Again) (blogs.villagevoice.com)
FBI Documents Reveal Secret Nationwide Occupy Monitoring
Partnership for Civil Justice Fund | December 22, 2012
FBI documents just obtained by the Partnership for Civil Justice Fund (PCJF) pursuant to the PCJF’s Freedom of Information Act demands reveal that from its inception, the FBI treated the Occupy movement as a potential criminal and terrorist threat even though the agency acknowledges in documents that organizers explicitly called for peaceful protest and did “not condone the use of violence” at occupy protests.
The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.
“This production, which we believe is just the tip of the iceberg, is a window into the nationwide scope of the FBI’s surveillance, monitoring, and reporting on peaceful protestors organizing with the Occupy movement,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund (PCJF). “These documents show that the FBI and the Department of Homeland Security are treating protests against the corporate and banking structure of America as potential criminal and terrorist activity. These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”
“The documents are heavily redacted, and it is clear from the production that the FBI is withholding far more material. We are filing an appeal challenging this response and demanding full disclosure to the public of the records of this operation,” stated Heather Benno, staff attorney with the PCJF.
As early as August 19, 2011, the FBI in New York was meeting with the New York Stock Exchange to discuss the Occupy Wall Street protests that wouldn’t start for another month. By September, prior to the start of the OWS, the FBI was notifying businesses that they might be the focus of an OWS protest.
The FBI’s Indianapolis division released a “Potential Criminal Activity Alert” on September 15, 2011, even though they acknowledged that no specific protest date had been scheduled in Indiana. The documents show that the Indianapolis division of the FBI was coordinating with “All Indiana State and Local Law Enforcement Agencies,” as well as the “Indiana Intelligence Fusion Center,” the FBI “Directorate of Intelligence” and other national FBI coordinating mechanisms.
Documents show the spying abuses of the FBI’s “Campus Liaison Program” in which the FBI in Albany and the Syracuse Joint Terrorism Task Force disseminated information to “sixteen (16) different campus police officials,” and then “six (6) additional campus police officials.” Campus officials were in contact with the FBI for information on OWS. A representative of the State University of New York at Oswego contacted the FBI for information on the OWS protests and reported to the FBI on the SUNY-Oswego Occupy encampment made up of students and professors.
Documents released show coordination between the FBI, Department of Homeland Security and corporate America. They include a report by the Domestic Security Alliance Council (DSAC), described by the federal government as “a strategic partnership between the FBI, the Department of Homeland Security and the private sector,” discussing the OWS protests at the West Coast ports to “raise awareness concerning this type of criminal activity.” The DSAC report shows the nature of secret collaboration between American intelligence agencies and their corporate clients – the document contains a “handling notice” that the information is “meant for use primarily within the corporate security community. Such messages shall not be released in either written or oral form to the media, the general public or other personnel… ” (The DSAC document was also obtained by the Northern California ACLU which has sought local FBI surveillance files.)
Naval Criminal Investigative Services (NCIS) reported to the DSAC on the relationship between OWS and organized labor for the port actions. The NCIS describes itself as “an elite worldwide federal law enforcement organization” whose “mission is to investigate and defeat criminal, terrorist, and foreign intelligence threats to the United States Navy and Marine Corps ashore, afloat and in cyberspace.” The NCIS also assists with the transport of Guantanamo prisoners.
DSAC issued several tips to its corporate clients on “civil unrest” which it defines as ranging from “small, organized rallies to large-scale demonstrations and rioting.” It advised to dress conservatively, avoid political discussions and “avoid all large gatherings related to civil issues. Even seemingly peaceful rallies can spur violent activity or be met with resistance by security forces. Bystanders may be arrested or harmed by security forces using water cannons, tear gas or other measures to control crowds.”
The FBI in Anchorage reported from a Joint Terrorism Task Force meeting of November 3, 2011, about Occupy activities in Anchorage.
A port Facility Security Officer in Anchorage coordinated with the FBI to attend the meeting of protestors and gain intelligence on the planning of the port actions. He was advised to request the presence of an Anchorage Police Department official to also attend the event. The FBI Special Agent told the undercover private operative that he would notify the Joint Terrorism Task Force and that he would provide a point of contact at the Anchorage Police Department.
The Jacksonville, Florida FBI prepared a Domestic Terrorism briefing on the “spread of the Occupy Wall Street Movement” in October 2011. The intelligence meeting discussed Occupy venues identifying “Daytona, Gainesville and Ocala Resident Agency territories as portions … where some of the highest unemployment rates in Florida continue to exist.”
The Tampa, Florida FBI “Domestic Terrorism” liaison participated with the Tampa Police Department’s monthly intelligence meeting in which Occupy Lakeland, Occupy Polk County and Occupy St. Petersburg were discussed. They reported on an individual “leading the Occupy Tampa” and plans for travel to Gainesville for a protest planning meeting, as well as on Veterans for Peace plans to protest at MacDill Air Force Base.
The Federal Reserve in Richmond appears to have had personnel surveilling OWS planning. They were in contact with the FBI in Richmond to “pass on information regarding the movement known as occupy Wall Street.” There were repeated communications “to pass on updates of the events and decisions made during the small rallies and the following information received from the Capital Police Intelligence Unit through JTTF (Joint Terrorism Task Force).”
The Virginia FBI was collecting intelligence on the OWS movement for dissemination to the Virginia Fusion Center and other Intelligence divisions.
The Milwaukee division of the FBI was coordinating with the Ashwaubenon Public Safety division in Green Bay Wisconsin regarding Occupy.
The Memphis FBI’s Joint Terrorism Task Force met to discuss “domestic terrorism” threats, including, “Aryan Nations, Occupy Wall Street, and Anonymous.”
The Birmingham, AL division of the FBI sent communications to HAZMAT teams regarding the Occupy Wall Street movement.
The Jackson, Mississippi division of the FBI attended a meeting of the Bank Security Group in Biloxi, MS with multiple private banks and the Biloxi Police Department, in which they discussed an announced protest for “National Bad Bank Sit-In-Day” on December 7, 2011.
The Denver, CO FBI and its Bank Fraud Working Group met and were briefed on Occupy Wall Street in November 2011. Members of the Working Group include private financial institutions and local area law enforcement.
Jackson, MS Joint Terrorism Task Force issued a “Counterterrorism Preparedness” alert. This heavily redacted document includes the description, “To document…the Occupy Wall Street Movement.”
You can read the FBI – OWS documents below where we have uploaded them in searchable format for public viewing.
The PCJF filed Freedom of Information Act demands with multiple federal law enforcement agencies in the fall of 2011 as the Occupy crackdown began. The FBI initially attempted to limit its search to only one limited record keeping index. Recognizing this as a common tactic used by the FBI to conduct an inadequate search, the PCJF pressed forward demanding searches be performed of the FBI headquarters as well as FBI field offices nationwide.
The PCJF will continue to push for public disclosure of the government’s spy files and will release documents as they are obtained.
Click here to see the FBI documents obtained by the PCJF.
Related article and video
- Terrorists and criminals: Documents prove FBI monitored OWS (alethonews)
- Policing Dissent (video report)
Police Provocateurs During Spanish Austerity Protests
Police Provocateurs being used in Spanish Austerity protests incite violence and dress like anarchists in order to facilitate the protests being shut down.
Police provocateurs were seen in the London riots, during the SPP protets in Montbello, Quebec, even during the Occupy LA protests.
Funny how the news media never seems to report on this.
FBI raids homes of Occupy activists
Press TV – August 14, 2012
A US newspaper has revealed that the FBI has been raiding the houses of anti-Wall Street protesters in Oregon and Washington in what the agency describes an “ongoing violent crime investigation.”
The Oregonian newspaper reported that heavily-armed domestic terrorism units of the FBI have been raiding the homes of activists in Seattle and Olympia, Washington and Portland, Oregon over the last month.
The report said that at least six homes have been raided in the two states since July 10.
The FBI has described the raids as part of an ongoing violent crime investigation, linked to last year’s Occupy May Day protests, during which a number of minor acts of vandalism allegedly took place.
In one of the raids, eyewitnesses reported as many as 80 agents in body armor, wearing military fatigues, and armed with assault rifles participated in the raid.
“I just heard lots of pounding at 6 o’clock, and I got up and I saw the whole thing,” said one of the eyewitnesses, adding, “I saw them screaming to get in. They were using the battering ram, and then finally the door just opened.”
FBI spokeswoman Beth Anne Steele told the newspaper, “The warrants are sealed… and I anticipate they will remain sealed.”
The paper said the agents were searching for “anti-government or anarchist literature or material” and “documentation and communications related to the offenses, including but not limited to notes, diagrams, letters, diary and journal entries, address books, and other documentation in written or electronic form.”
The Occupy Wall Street movement began when a group of demonstrators gathered in New York’s financial district on September 17, 2011 to protest against corruption, the unjust distribution of wealth in the country, and the excessive influence of big corporations on US policies.
Related articles
- Heavily-armed FBI Raids Target Activists ‘To Learn More About Them’ (alexanderhiggins.com)
NYPD loses face and first Occupy Wall Street trial
By Katerina Azarova - RT – May 16, 2012
This case could have been a slam dunk for the NYPD, had it not been for one thing: the video showing police claims of disorderly conduct during an OWS protest to be completely untrue.
Hundreds have been arrested during the Occupy Wall Street protests, but photographer Alexander Arbuckle’s case was the first to go to trial – and after just two days, the Manhattan Criminal Court found him not guilty.
Supporters of the OWS protest movement have already hailed the ruling as a major legal victory.
Arbuckle was arrested on New Year’s Day for allegedly blocking traffic during a protest march. He was charged with disorderly conduct, and his arresting officer testified under oath that he, along with the protesters, was standing in the street, despite frequent requests from the police to move to the sidewalk.
But things got a little embarrassing for the NYPD officer when the defense presented a video recording of the entire event, made by well-known journalist Tim Pool.
Pool’s footage clearly shows Arbuckle, along with all the other protesters, standing on the sidewalk. In fact, the only people blocking traffic were the police officers themselves
His lawyers said the video proving that testimony false is what swayed the judge, and the verdict a clear indication that the NYPD was over-policing the protests.
The irony of the case, however, is that Arbuckle was not a protester, or even a supporter of the Occupy movement. He was there to document the cops’ side of the story.
A political science and photography major at NYU, Arbuckle felt the police were not being fairly represented in the media.
“All the focus was on the conflict and the worst instances of brutality and aggression, where most of the police I met down there were really professional and restrained,” the student said.
However, his good intentions only landed him in trouble. As with all the other detained protesters, the police offered Arbuckle an Adjournment in Contemplation of Dismissal (ACD), which basically means he would be let off the hook if he agreed not to fight the charges. But to Arbuckle, that meant an admission of guilt, and he decided to take the case to trial.
Related articles
- NYPD Raids Activists’ Homes Before May Day Protests (blacklistednews.com)
Yes, The 99% Spring Is A Fraud
By Charles M. Young – This Can’t Be Happening – 04/13/2012
With hindsight gained by googling “MoveOn” and “co-opt” after the fact, I can’t claim that nobody tried to warn me. Many websites with left and even liberal politics had said in so many words, “Be wary of this organization called the 99% Spring. It is a Trojan horse for the Democrats.” I just didn’t read that anywhere in a timely fashion. I’ve had a lot of stuff on my plate lately. That’s my excuse. And in my ignorance, I responded to some spam about “nonviolent direct action training” organized by MoveOn and got invited to this 99% Spring thing on April 10 at the Goddard Riverside Community Center in Manhattan. Somebody even called me all the way from San Francisco to make sure I was a sincere seeker on the left and would be attending, along with 120,000 others in training sessions around the country.
Which I did. The meeting was a few blocks from where I live. The spam said it was “inspired by Occupy Wall Street.” I wasn’t sure what that meant, but I was vaguely hoping that whatever the 99% Spring was, it would start a chapter of Occupy Wall Street on the Upper West Side, conveniently near my abode, and agitate for the Democrats and MoveOn to move left.
The first clue that my evening might go otherwise was the sign-up table, where there were a bunch of Obama buttons for sale and one sign-up sheet for the oddly named Community Free Democrats (are they free of community?), which is the local Democratic clubhouse. That killed the “inspired by Occupy Wall Street” vibe right there. No piles of literature from a zillion different groups, as there had been in Zuccotti Park. No animated arguments among Marxists, anarchists, progressives, punks, engaged Buddhists, anti-war libertarians and what have you. Just Obama buttons, which didn’t appear to be selling.
Inside the hall, it looked like an alumni reunion for the 1966 Fifth Avenue Vietnam Peace Parade. Almost all the 150 or so people were 55-80 years old. The ones I talked to expressed curiosity about Occupy Wall Street and enthusiasm about “nonviolent direct action” but didn’t have the knees or the ears for full participation in OWS activities in the financial district.
A large man with long wavy hair combed back started the presentation with a stirring call for…the meeting to be off the record. He didn’t want any stories that would violate anyone’s privacy, and if there were any lurking journalists, they weren’t allowed to use any names and they must see him afterwards for further instruction on the ground rules. This struck an even more dysphoric note than the Obama buttons.
WTF thought #1: This was a public event ostensibly to convince members of the public to engage in behavior that challenged the legitimacy of government authority in public and might cause angry police to beat the public crap out of them. Why would anyone risk that without trying to get publicity for their cause? Nonviolent direct action that no one knows about is like jerking off. It might make you feel better, but you’re not changing the world.
WTF thought #2: Transparency is the only protection that nonviolent people have against police spies and provocateurs and other infiltrators. Occupy Wall Street does a pretty good job with transparency. An organization claiming to be inspired by OWS but shunning transparency is deeply suspect.
WTF thought #3: Washington press corp rules for a meeting on nonviolent direct action?
WTF thought #4: I actually wasn’t there with the idea of writing about it, but neither did I agree to anything, so there was no agreement.
WTF thought #5: The name of the large man with the wavy hair was Marc Landis. He is a District Leader for the Democrats, who were paying for use of the meeting room. He is running for City Council. According to his law firm’s website his areas of experience are: “Real Estate, Banking & Finance, Corporate & Business Law, Securities & Private Placement, Fund Formation & Investment Management Group…” His Facebook page, which is geared for his City Council campaign, makes it sound like his specialty is pro bono community work. I don’t know. He might be a nice guy, but it doesn’t take a lot of intuition to wonder if he’s really been “inspired by Occupy Wall Street.” He’s a corporate lawyer. I can think of no reason for him to demand that the meeting be off the record other than he and his party don’t want to be publicly associated with anything radical, even it’s a pseudo-radical front group meant to steer people away from the truly radical Occupy Wall Street and into pointless activities that don’t embarrass Obama.
Next they showed a video that invited us “to tell our story” so that the 99% Spring could post us online along with hundreds of other people who had been foreclosed, bankrupted, lost their medical insurance or whatever. It appeared they all wanted to raise taxes, so that the rich would “pay their fair share.”
It was sanctimonious. It was supplicating before power. The audience looked like it wanted to puke.
Next some guy whose name I didn’t catch gave an astonishingly simple-minded lecture on the history of American radicalism since the populists. “This might be okay for Iowa, but not the Upper West Side,” said a woman near me.
That’s an insult to Iowa, but let me explain about the Upper West Side. It used to be a liberal-to-radical neighborhood that was ferocious in its support for civil rights and the anti-war movement. Its nickname was the Upper Left Side, and people here could read three biographies of Leon Trotsky before breakfast. Disastrously, it has become the most desirable living space in Manhattan, and Wall Street/corporate/real estate weenies have been taking over. But a significant radical remnant remains, thanks to rent control laws that Democrats seem to understand are necessary to preserve their voters.
“And then in the 50s, we had the civil right movement…” the guy droned.
“ Uh, I think we should conclude the lecture and break up into groups to discuss our nonviolent direct action training,” said Landis. “We seem to be losing people.” A lot of them, too.
So the hundred-odd remaining Upper Left Siders split into four groups for discussion. My group happened to be led by Landis, who directed the 35 of us to sit in a circle and identify ourselves with an explanation of why we were there. I was about #15 in the circle and the people who preceded me all appeared to have no experience with Occupy Wall Street and wanted to get involved. When it was my turn I said that Zuccotti Park was the most entertaining place to be in Manhattan for a couple months last fall and I hoped it would revive. And I said that the other thing I liked was that it was to the left of the Democratic Party and was pushing it from outside. There had been some mention of “the repeal of the Glass Steagall Act during the 90s” and I pointed out that it was Bill Clinton, a Democrat, who deregulated Wall Street.
“Excuse me,” said Landis. “We have a limited amount of time and a lot to discuss. We need to let everyone speak.”
I’ve thought about that a lot. I don’t believe I spoke for more than a minute, but I habitually obey the rules in a group, so I shut up. In retrospect, I was censored. I should have demanded a discussion of the true purpose of the 99% Spring and why Obama’s Department of Homeland Security orchestrated the violent destruction of hundreds of nonviolent Occupy camps around the country last fall.
As it was, we finished going around the circle. Everyone was a teacher or writer or connected with the labor movement. Wisconsin came up a few times. Landis asked what kind of a world we wanted to see. Someone said, “Socialism” and Landis said the topic for discussion was now how to plan for a “hypothetical direct action.” Every time somebody brought up something that was actually happening, Landis insisted that our agenda was set and we were only discussing hypothetical situations. So we talked about hypothetically withdrawing money from a hypothetical evil bank, or hypothetically stopping the hypothetical fracking in the Catskills that is going to poison New York City’s hypothetical drinking water.
“What about May 1?” said a retired professor.
“What about it?” said Landis.
“I heard that Occupy Wall Street was calling for a general strike. They’re planning actions all around midtown and they’re saying that nobody should go to work that day.”
“I don’t know anything about that,” said Landis. “We’re talking about hypothetical situations here.”
And so it went from 6:30 to 9:30 last Tuesday night. Over half the crowd left early. Most of those who stayed appeared to be angry and mystified that they had received no training whatever in nonviolent direct action. I doubt that the Democrats or MoveOn succeeded in co-opting anyone, and I predict that they will be inventing more dreary front groups as the election year grinds onward. “Front groups, not issues!” should be Obama’s rallying cry.
“I’m taking the subway to Wall Street,” said a guy in his 20s (probably the only guy in his 20s) as he walked out the door. “That’s where the action is. People are sleeping on the sidewalk there. Apparently the police can’t arrest you if you take up less than half the sidewalk. Go to Maydaynyc.org if you want to find out about the general strike.”
Related articles
- Reportback: the 99%spring Training for Trainers and the Plot to Coopt #occupy (occupywalkusa.org)
- Infiltration to Disrupt, Divide and Misdirect Is Widespread in Occupy (Part I) (alethonews.wordpress.com)
- Counter-Insurgency as Insurgency (alethonews.wordpress.com)
- The 99% Spring Is Here – Let’s Take the Fight to Big Oil, Gas and Coal (ecowatch.org)
Wall Street’s Secret Spy Center, Run for the 1% by NYPD
How 60 Minutes Blew the Story
By PAM MARTENS | CounterPunch | February 6, 2012
On September 25, 2011, just eight days after the Occupy Wall Street protests began in Zuccotti Park in lower Manhattan, the much acclaimed CBS News program, 60 Minutes, aired a fawning look at the thousands of surveillance cameras affixed to buildings and lampposts throughout New York City. The cameras feed live images of people going about their everyday lives to a $150 million computer center equipped with artificial intelligence to integrate and analyze the daily habits of what are, for the most part, law-abiding Americans.
The thrust of the 60 Minutes program was the fine job of counter terrorism being done by the NYPD and its Commissioner, Raymond Kelly. It was a triumph in public relations for a police department about to go on an assault spree – pepper spraying and punching peaceful protestors; kicking, ramming and arresting journalists attempting to cover the Occupy Wall Street demonstrations.
On air, the reporter, Scott Pelley, said the surveillance center was “housed in a secret location,” as one would expect of a real counter terrorism program — as opposed to a program to simply quash dissent. Mr. Pelley also said the program was run by the NYPD. As it turns out, neither of those assertions were accurate.
The New York Times, the worldwide news agency Agence France-Presse (AFP), Wired Magazine, the New York City Council had all previously reported the location of the supposedly super secret counter terrorism center on their public web sites: 55 Broadway in the bowels of the financial district. What was a secret about the operation, and not reported by 60 Minutes to its viewers, despite being well aware of the facts, is that the center is jointly staffed and operated by the NYPD along with the largest Wall Street firms – the same firms under investigation in 50 states for mortgage and foreclosure fraud and widely credited with causing the Nation’s economic collapse. The Wall Street firms that were involuntarily bailed out by the 99% are now policing the 99%.
In a telephone conversation with the co-producer of the program, Robert Anderson, he conceded that he was aware of the presence of the Wall Street firms in the center. It would have been hard to miss them. The facility is designed with three long rows of computer workstations. The outside of each cubicle bears a brass plaque with the names of the occupants: Goldman Sachs, Citigroup, JPMorganChase, etc.
You won’t find photographs showing these firms in the surveillance center in any U.S. corporate news outlet, but a foreign news service has them openly displayed – a news organization servicing countries of the former Soviet Union. These photos were taken during a large gathering of reporters and photographers at the invitation of the NYPD. As shown in the photos, the event was hosted by Mayor Michael Bloomberg and Police Commissioner Raymond Kelly. Very secret counter terrorism operation, indeed, with global reporters and photographers coming and going in both 2010 and 2011.
As we reported in October, the surveillance plan became known as the Lower Manhattan Security Initiative and the facility was dubbed the Lower Manhattan Security Coordination Center. It operates round-the-clock with 2,000 private spy cameras owned by Wall Street firms and other corporations, together with approximately 1,000 more owned by the NYPD. At least 700 additional cameras scour the midtown area and also relay their live feeds into the downtown center where all film is integrated for analysis. The $150 million of taxpayer money that’s funding this corporate/police spying operation comes from both city and Federal sources, with the cost rising daily as more technology is added.
Not only is it unprecedented for corporations under serial and ongoing corruption probes to be allowed to spy on law abiding citizens under the imprimatur of the largest police force in the country, but the legality of the operation by the NYPD itself is highly questionable.
During the 60 Minutes program (at elapsed time 8:50), the following exchange takes place between the reporter Scott Pelley and Jessica Tisch, the NYPD Director of Counterterrorism Policy and Planning who played a significant role in developing the Lower Manhattan Security Coordination Center. (Tisch is in her early thirties and did not come up through the ranks of counter terrorism or law enforcement. She is the granddaughter and one of the heirs to the fortune of now-deceased billionaire Laurence Tisch, who built the Loews Corporation. Her father, James Tisch, is the CEO of the Loews Corporation and was elected by Wall Street banks to sit on the Federal Reserve Bank of New York until 2013, representing the public’s interest. Ms. Tisch is apparently standing in for the public’s interest in this surveillance operation: rather than public hearings, Ms. Tisch drafted the guidelines for the program herself.)
Pelley: “Tisch showed us how the system can search for a suspicious person based on a description – a red shirt for example.”
Tisch: “And I can call up in real time all instances where a camera caught someone wearing a red shirt.”
Pelley: “So the computer looks essentially through all the video, finds all of the red shirts and puts it together for you.”
Tisch: “Video canvasses that used to take days and weeks to do, you’ll now be able to do with the snap of a finger.”
Tisch snaps her fingers for added emphasis.
Unfortunately, electronic surveillance of individuals at the snap of a finger is exactly what New York State law prohibits. New York Code, Section 700.15, requires a warrant for video surveillance and the warrant is only issuable “Upon probable cause to believe that a particularly described person is committing, has committed, or is about to commit a particular designated offense.” Blanket surveillance of hundreds of thousands of law-abiding citizens with cameras that pan, tilt and rotate to track individuals to the doorsteps of their psychiatrist, debt counselor, Alcoholics Anonymous, or prosecutor’s office – shared with corporations that employ hundreds of thousands of these same individuals, is breathtaking in its blatant disregard for privacy rights.
In a letter dated March 26, 2009 to Police Commissioner Kelly, following years of being stonewalled with its Freedom of Information Law requests for more details on the surveillance program, the New York Civil Liberties Union warned: “…virtually all of the enormous information gathered and maintained by the system will be about people engaged in wholly lawful activity…we believe this entire enterprise is illegitimate and inappropriate…”
In a 2006 formal report on the camera surveillance network, the NYCLU noted that “Today’s surveillance camera is not merely the equivalent of a pair of eyes. It has super human vision. It has the capability to zoom in and ‘read’ the pages of the book you have opened while waiting for a train in the subway.” The report further explained that “New York City has a long and troubled history of police surveillance of individuals and groups engaged in lawful political protest and dissent. Between 1904 and 1985 the NYPD compiled some one million intelligence files on more than 200,000 individuals and groups — suspected communists, Vietnam War protesters, health and housing advocates, education reform groups, and civil rights activists.”
An even bigger problem for New York City came on January 23 of this year when the U.S. Supreme Court issued a rare unanimous decision in United States v. Jones. All nine justices agreed that the use of an electronic GPS tracking device placed on an automobile by law enforcement constituted a search under the Fourth Amendment and required a warrant.
Writing the decision for the court, Justice Antonin Scalia stated: “As Justice Brennan explained in his concurrence in Knotts, Katz did not erode the principle ‘that when the Government does engage in physical intrusion of a constitutionally protected area in order to obtain information, that intrusion may constitute a violation of the Fourth Amendment.”
Writing a concurring opinion, Justice Sonia Sotomayor expanded on the potential for unconstitutional law enforcement actions using electronic surveillance devices: “GPS monitoring generates a precise, comprehensive record of a person’s public movements that reflects a wealth of detail about her familial, political, professional, religious, and sexual associations. See, e.g., People v. Weaver, 12 N. Y. 3d 433, 441–442, 909 N. E. 2d 1195, 1199 (2009) (‘Disclosed in [GPS] data . . . will be trips the indisputably private nature of which takes little imagination to conjure: trips to the psychiatrist, the plastic surgeon, the abortion clinic, the AIDS treatment center, the strip club, the criminal defense attorney, the by-the-hour motel, the union meeting, the mosque, synagogue or church, the gay bar and on and on.’) The Government can store such records and efficiently mine them for information years into the future.”
Electronic surveillance cameras deployed in New York City, however, do for more than GPS devices: they film the individual, their features, their companions, and show just what doorsteps they are entering in their comings and goings throughout the day; week after week; 24/7.
What zealous prosecutor or Wall Street whistleblower or investigative reporter is safe from being targeted by this surveillance juggernaut.
The electronic tracking capability described by Ms. Tisch on 60 Minutes, where an individual in the snap of a finger is tracked all over Manhattan, with no warrant and no more probable cause than wearing a red shirt, seems just what Justices Scalia and Sotomayor had in mind as illegal activities.
Mara Verheyden-Hilliard and Carl Messineo are civil rights attorneys who co-founded the Partnership for Civil Justice Fund. They have filed a class action lawsuit against Police Commissioner Kelly, Mayor Bloomberg and the City of New York over the arrest on October 1, 2011 of more than 700 peaceful protestors on the Brooklyn Bridge. Ms. Verheyden-Hilliard had this to say about the sprawling surveillance program in New York City:
“The clearly stipulated and clearly defined requirement of probable cause, a central guarantee that protects individuals from over-reaching police authority, has been eviscerated in practice and in policy by the all-pervasive surveillance tools that make certain people and groups the ‘usual suspects’ in an environment that authorizes racial, religious and political profiling as the de facto law of the land. The NYPD is engaged in mass surveillance and mass aggregation of data on persons who not only have engaged in no criminal activity, but for whom there is no probable cause or individualized suspicion to believe they have engaged, or are engaged, in criminal activity. This is a perversion of civil rights and civil liberties by the government that is spreading across the country.”
Chris Dunn, Associate Legal Director of the NYCLU, said in response to my question concerning the significance to New Yorkers of the Jones Supreme Court decision: “This decision opens the door to the argument that police camera systems that systematically track the movements and whereabouts of people in public places trigger constitutional scrutiny. We have long believed that LMSI [Lower Manhattan Security Initiative] violates the privacy rights of law-abiding New Yorkers, and this ruling from the Supreme Court supports that view.” (Mr. Dunn is also an adjunct professor at the NYU School of Law where he teaches in the Civil Rights Clinic and he authors the Civil Rights and Civil Liberties column in the New York Law Journal. He has written a detailed analysis of the United States v. Jones decision in his current column.)
Mr. Dunn’s opinion is buttressed by a powerful corporate law firm, Wilmer Cutler Pickering Hale, which ironically lists among its clients the Wall Street firms Citigroup, Goldman Sachs and JPMorganChase. The firm co-authored the 2007 report for the Constitution Project titled: “Public Video Surveillance: A Guide to Protecting Communities and Preserving Civil Liberties.”
The report singles out New York, interpreting its law as follows: “Several state statutes regulate aspects of public use of video surveillance. In New York, for example, video surveillance can only be conducted as part of a police investigation into the allegedly criminal behavior of an individual pursuant to a warrant. Because of what the statute terms ‘the reasonable expectation of privacy under the constitution of this state or of the United States,’ the bar for authorizing or approving such a warrant is set quite high, and the alleged crimes must be quite serious. Arizona, in contrast, merely makes it a misdemeanor for a person to use video ‘surveillance’ in a public place without posting notice.”
This vast surveillance program in New York City has had no public hearings to develop proper guidelines, no public overseers, no legislative mandate and is operating with no checks and balances.
The City Council’s Committee on Public Safety, chaired by Peter Vallone, did tour the Lower Manhattan Security Coordination Center on June 16, 2011. The minutes of the meeting on the City Council’s public web site list only the date, time and location. A phone call and email request to Mr. Vallone’s office to make the full minutes available to the public was met with silence.
I asked Michael Cardozo’s office, Corporation Counsel for New York City, to give me a statement as to the legality of this NYPD-Wall Street surveillance program. Mr. Cardozo declined to be quoted but his associate, Deputy Communications Director, Connie Pankratz, said: “It is perfectly legal to use security cameras in public spaces. This is no different than having a police officer watch or follow someone on a public street.”
That analogy is like comparing a pea shooter to a heat-seeking missile. These cameras can pan, tilt, rotate and zoom. The live feeds are integrated with cameras from all over Manhattan which can simultaneously analyze the images using artificial intelligence to look for specific human features or clothing colors. To quote Ms. Tisch on 60 Minutes: “Nobody has a system like this.”
I filed two Freedom of Information Law (FOIL) requests with the NYPD in the Fall of 2011. New York State has an inspiring sunshine law, which acknowledges that “The people’s right to know the process of governmental decision-making and to review the documents and statistics leading to determinations is basic to our society. Access to such information should not be thwarted by shrouding it with the cloak of secrecy or confidentiality. The legislature therefore declares that government is the public’s business and that the public, individually and collectively and represented by a free press, should have access to the records of government in accordance with the provisions of this article…”
Notwithstanding the noble intent of the law and notwithstanding the legislative mandate to respond in 5 business days or a period reasonable to the request, both of my requests received a written response stating it would take five months to answer — five months or 30 times longer than the legislative intent. The NYPD has 15,000 non uniformed employees available to fulfill the legislative mandate to permit participatory government. If it wanted to honor the legislative mandate, it could assign more staff to the Records Access Department. Until it does, it is functioning in contravention of the state legislative mandate.
In the 2010 book “Heat and Light: Advice for the Next Generation of Journalists” by Mike Wallace and Beth Knobel, the producer of the 60 Minutes episode on the surveillance center, Robert Anderson, is quoted as follows:
“Mike [Wallace] has always said that we are seekers of truth, and that’s what we are. We are seekers of truths that people would be better off knowing, and that they probably don’t know. And we are looking for something that is hopefully of some significance, because the more significant it is, the better the story it is for us.”
There are two significant stories at the surveillance center at 55 Broadway. The first is that the largest police force in the country has secretly deputized as its partners the same giant Wall Street firms that are serially charged with looting the public but never prosecuted, no matter how big the crime. The second significant story is that the largest police force in the country has tapped the public coffers to the tune of $150 million to operate what legal experts say is an illegal program.
Kevin Tedesco, Executive Director of 60 Minutes, had this to say about my concerns with the program: “We find your inquiry somewhat puzzling. This was a story about defending against terrorism, probably the most important issue of our times. You have only to look at 60 Minutes’ record to see that we frequently report on Wall Street institutions, the most recent of which, “Prosecuting Wall Street” was broadcast on December 4. Robert Anderson, the producer of the story on the command center, produced “The Next Housing Shock,” an investigation about misleading and fake mortgage documentation that cast a harsh light on financial institutions when it was broadcast on August 7 and April 3. No one told us what to report or not report in those stories and neither did anyone in this one. We appreciate the chance to respond.”
I willingly concede that 60 Minutes regularly provides outstanding investigative reports. I have previously referenced their groundbreaking work in my writing. Robert Anderson’s work on “The Next Housing Shock” brings the audacity and collusiveness of the foreclosure crimes into sharp focus and admirably serves the public interest.
But rather than deflecting my criticisms, Mr. Tedesco ends up making my case by pointing to the December 4 broadcast of “Prosecuting Wall Street.” This is a story alleging systemic corruption at Citigroup made by a Vice President of the firm, Richard Bowen; a man so confident of his facts that he testified before the Financial Crisis Inquiry Commission. Mr. Bowen had his duties reassigned and was retaliated against and told to remain off the premises once he brought the corruption to the attention of the most senior executives at Citigroup.
Charges like these have been made for over a decade against Citigroup by other key employees. No senior executives have ever been prosecuted. Now a Citigroup representative sits alongside police in a high tech center where it can monitor the comings and goings of pedestrians, including potential whistleblowers. If that’s not significant, I don’t know what is.
Pam Martens worked on Wall Street for 21 years. She spent the last decade of her career advocating against Wall Street’s private justice system, which keeps its crimes shielded from public courtrooms. She maintains, along with Russ Martens, an ongoing archive dedicated to this financial era at www.WallStreetOnParade.com. She has no security position, long or short, in any company mentioned in this article. She is a contributor to Hopeless: Barack Obama and the Politics of Illusion, forthcoming from AK Press. She can be reached at pamk741@aol.com

