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| Judge Halts Release of NYC Search Papers | ||
| 2005-08-27 | ||
| NEW YORK (AP) - A federal judge blocked the release of information about random bag searches in New York City subways, saying officials may be able to prove that the success of the program depends on its secrecy. U.S. District Judge Richard M. Berman's decision Friday overruled a magistrate judge who had ordered the city to disclose details such as the number of days during a one-month period that searches were conducted. Berman said the magistrate judge did not adequately consider the city's concerns. He said it would serve little purpose to allow the New York Civil Liberties Union, which sued claiming the searches were unconstitutional, to see sensitive information about the searches before public officials and experts testify at a hearing next month. ``The city may be able to demonstrate that the Subway Search Program effectively deters terrorism precisely because it is random and unpredictable,'' the judge wrote in a decision released Friday.
Christopher Dunn, associate legal director of the NYCLU, said the information was critical to deciding whether the subway searches are effective and constitutional. ``If the city's not prepared to release this information, we are exploring ways to obtain it ourselves,'' he said. ``Many New Yorkers are very unhappy about this program. We've gotten a constant stream of complaints about the program.'' A city law office spokeswoman did not immediately return a telephone message seeking comment. In its lawsuit, the NYCLU maintained that most entrances to the city's 468 subway stations had no checkpoints and that the program was so ineffective that innocent riders were subjected to pointless and unconstitutional invasions of privacy. Lawyers for the city argued that the program was effective largely because of its unpredictability.
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| Posted by:Steve White |
| #9 It may also effectively deter terrorism simply because it [the program] is there. Maybe that makes it clearer. |
| Posted by: Rafael 2005-08-27 20:51 |
| #8 It may also effectively deter terrorism simply because it is there. Ummm, did I ever tell y'all about my Elephant Dog? He was a half Cocker, Half Iris Setter, and hated Elaphants. In fact he was responsible for single handedly running all the elephants out of the State of Alabama, Mississippi, Georgia, and Louisianna. How do I know? You ever see Elephants down there? No? See it works. |
| Posted by: Redneck Jim 2005-08-27 17:53 |
| #7 One question : who appointed this judge? If he is a Clinton appointee, then this decision is a freaking miracle. |
| Posted by: Shieldwolf 2005-08-27 16:45 |
| #6 A common sense from a member of the Bench---will wonders never cease? |
| Posted by: gromgoru 2005-08-27 15:50 |
| #5 That the first judge didn't see this (refering to "random and unpredictable") is remarkable. |
| Posted by: Rafael 2005-08-27 05:20 |
| #4 The city may be able to demonstrate that the Subway Search Program effectively deters terrorism precisely because it is random and unpredictable It may also effectively deter terrorism simply because it is there. That's one more obstacle for a terrorist to overcome. The searches may never find anything, but that's immaterial. They are an effective deterrence. That the first judge didn't see this, is remarkable. |
| Posted by: Rafael 2005-08-27 05:17 |
| #3 entity damages implementation /oh well..good batting av.. |
| Posted by: Red Dog 2005-08-27 05:05 |
| #2 American civil Legislative Usurpers® ACLU vs WOT, a non-elected enity unaccountable/responsible for any consequences or dammages wrought by terrorism, forces legal actions to stop or advise/revise policy of our elected representives, public servants and profesionals sworn to protect us. A reasonable case could be made that the ACLU has already caused the death of thousands of Americans, domestic cases alone, not to mention all the international cases. The ACLU also has a chilling effect against new ideas and/or prompt implimentation of policy to save life. [everything has to go through the f******* wonderbar laywers first] American civil Legislative Usurpers® |
| Posted by: Red Dog 2005-08-27 04:49 |
| #1 Good man. |
| Posted by: .com 2005-08-27 03:24 |