NYPD Loses Case On GOP Convention Security

New York City cannot keep its arguments secret when it says it should not have to disclose documents about police surveillance of protesters before the 2004 Republican National Convention, a judge ruled Tuesday.

U.S. Magistrate Judge James C. Francis IV in Manhattan said the public and the New York Civil Liberties Union can view the arguments of David Cohen, the New York Police Department's commissioner for intelligence. The NYCLU is suing on behalf of some of more than 1,800 people arrested at the convention.

Cohen said in court papers dated Dec. 7 that some strands of information ordered disclosed by Francis last August could reveal the identities of undercover officers and confidential informants and disclose methods of operation that would undermine law enforcement operations.

Francis said in his ruling that Cohen could refer to secret documents without revealing sensitive information since the magistrate judge has viewed the documents himself.

"Permitting the submission of secret argument is antithetical to our adversary system of justice," Francis wrote.

He said it forces opposing parties to guess the city's reasoning for its positions.

He said allowing secret submissions also "alters the role of the court" by forcing judges to advocate for the opposing side by trying to predict how lawyers might have responded if they were able to see the documents.

The magistrate judge noted that the case did not involve classified documents.

Gail Donoghue, special counsel in the city law office, said: "We are reviewing the ruling and considering all possible legal actions."

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

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

The NYCLU is seeking police records for the lawsuits stemming from the four-day convention at Madison Square Garden, where President Bush accepted his party's nomination for a second term in office.

The NYCLU said the arrests violated the protesters' civil rights.

Court documents have shown that arrested protesters were held before their initial court appearances for up to six times longer than those arrested on charges unrelated to the convention.

The NYCLU argues the delays were a deliberate policy decision to keep protesters off the streets. The police contend the delays were few and were caused by a high number of arrests in a short amount of time.

Although both sides agreed that some documents could remain secret, the NYCLU challenged the secrecy of others.