hen a series of large antiwar protests
began nearly eight weeks ago, the New York Police Department
started questioning hundreds of people arrested at the
demonstrations about their prior political activity and
recording the information in a database.
But yesterday, after the practice came to light, the Police
Department said it would destroy the database, created with a
debriefing form, and largely abandon the initiative, which
civil libertarians and constitutional law experts said was
deeply troubling.
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"After a review, the department has decided to eliminate
the use of the Demonstration Debriefing Form," Michael
O'Looney, the department's chief spokesman, said in a
statement. "Arrestees will no longer be asked questions
pertaining to prior demonstration history, or school name. All
information gathered since the form's inception on Feb. 15 has
been destroyed."
Several constitutional scholars and civil libertarians said
that the practice raised grave questions about whether asking
people about their political affiliations or activity would
have a severe chilling effect on protest and speech that are
protected by the First Amendment.
Central to the practice was the debriefing form, which
detectives used to record where the arrested protesters went
to school, their membership in any organizations and their
involvement in past protests.
Mr. O'Looney said Police Commissioner Raymond W. Kelly and
his deputy commissioner for intelligence, David Cohen, a
former top Central Intelligence Agency official, did not know
the debriefing form was in use. Mr. Cohen oversees the
Intelligence Division detectives who conducted the questioning
sessions at 1 Police Plaza as the protesters waited for their
arrests to be processed.
"When it was brought to their attention," Mr. O'Looney
said, "they took a look at it, decided some of those questions
were not critical to our needs and decided to end its use."
He would not comment on the constitutional issues raised by
the questions or say who had developed the form. Mr. O'Looney
said that no disciplinary action was being contemplated
against those responsible for developing the practice.
The police practice came to light after the New York Civil
Liberties Union, which had notified protest organizers that it
was seeking reports of possible police abuse or interference
at the city's first large antiwar protest on Feb. 15, received
hundreds of e-mail messages, said Christopher Dunn, the
group's associate legal director. More than a dozen of the
messages included accounts of arrested demonstrators' being
questioned about their political activity, Mr. Dunn said.
The group later obtained a copy of the debriefing form from
lawyers who had sought to represent some of the demonstrators
taken to 1 Police Plaza for questioning after protests on Feb.
15 and March 22, Mr. Dunn said. Those lawyers were in most
cases denied access to the arrested protesters, raising
additional concerns about the protesters' right to counsel,
Mr. Dunn said.
The Civil Liberties Union sent a letter to Mr. Kelly on
Tuesday complaining that the information sought during the
questioning was constitutionally protected, and called on him
to halt the practice. The letter cited the group's concern
that the department had "embarked upon a concerted campaign to
collect information about lawful First Amendment activity" and
was "using the coercive environment of an arrest interrogation
to obtain that information outside the presence of
counsel."
Yesterday, after a reporter inquired about the questioning
and the commissioner's response to the letter, Mr. O'Looney
said Mr. Kelly had halted the practice, but would not
elaborate on how it had begun.
Mr. O'Looney said that the department would continue to ask
arrested protesters what groups they were affiliated with and
would retain the information in the form of a tally, but not
with individuals' names. He said that knowing how many people
had been arrested from particular groups would help the
department assign the right number of officers to future
protests by the same groups.