NYPD Gets Glomar Powers

Rich Jones rich at openwatch.net
Fri Oct 17 13:34:20 PDT 2014


Not sure if this is too relevant to the list, but thought I'd bring it up
anyway.

Fairly important ruling today:
http://www.rcfp.org/browse-media-law-resources/news/trial-court-allows-police-use-glomar-response-deny-records-requests

Basically, a few years ago, the NYPD hired a bunch of ex-TLA guys to handle
their freedom of information program, and then began declaring things as
being secret, even though the law mentioned nothing about the ability to do
this. Of course, they even extended their newly-created power to declare
the even the existence-or-non-existence of information secret. Today, in
horrifying fashion, the court affirmed their power to do this. FTA:

> The case, *Abdur-Rashid v. New York City Police Department
> <http://www.nycourts.gov/reporter/3dseries/2014/2014_24271.htm>*,
> involved a request by Imam Talib Abdur-Rashid for records regarding NYPD
> surveillance of himself and his mosque in New York City. The city refused
> to disclose to Mr. Abdur-Rashid whether any such records existed, and told
> him that even if they did exist, such records would be exempt under the New
> York Freedom of Information Law (“FOIL”).
>
> In its decision
> <http://www.nycourts.gov/reporter/3dseries/2014/2014_24271.htm>, the
> court somewhat perplexingly acknowledged that according to federal and
> state case law, “[i]t should follow that when a local agency such as the
> NYPD is replying to a FOIL request, the Glomar doctrine is similarly
> inapplicable.” However, it then went on to state that as this was a case of
> first impression, the NYPD’s use of a Glomar response “is in keeping with
> the spirit of similar appellate court cases.” The court determined that
> “disclosing the existence of responsive records would reveal information
> concerning operations, methodologies, and sources of information of the
> NYPD, the resulting harm of which would allow individuals or groups to take
> counter-measures to avoid detection of illegal activity, undermining
> current and future NYPD investigations.” Therefore, it granted the NYPD’s
> motion to dismiss the case.
>

This is particularly troubling as a lot of police departments look to NYPD
as an example, and we may see this as a new tactic opposing police
investigators across the country. It's a very bad day for FOIA in my
opinion.

R
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