New York City ID Holders Aren’t a Threat, N.Y.P.D. Official Says in Court
New York Times
By Liz Robbins
JAN. 5, 2017
The New York Police Department’s highest-ranking counterterrorism official said in court on Thursday that records associated with the city’s municipal ID card program could be destroyed without increasing the risk of terrorism.
John Miller, the department’s deputy commissioner for intelligence and counterterrorism, was testifying in the courtroom of Justice Philip G. Minardo of the State Supreme Court on Staten Island in a case brought by two State Assembly members from the borough who are seeking to block the destruction of the records; plans to destroy them were built into the legislation that created the ID program, known as IDNYC.
“In the course of two years, we have not seen New York City IDs surfacing in a rampage of terrorism threats or other matters,” Mr. Miller said.
For six hours, Justice Minardo questioned city officials and the Staten Island lawmakers, Ronald Castorina Jr. and Nicole Malliotakis, both Republicans, and then agreed to hear more witnesses for the plaintiffs next week. In the meantime, the city must continue to retain the documents, which were to have been destroyed on Dec. 31.
The IDNYC card, which had been given to 1,029,618 New Yorkers as of 2016’s end, has been a boon for undocumented immigrants, as well as homeless or transgender individuals, in gaining access to city services and, in some instances, opening bank accounts. Undocumented immigrants can use a combination of foreign passports or consular documents, which are scanned by the city during the application process, to prove their identity to obtain the cards.
Mr. Castorina has said the suit was not about immigration, but after the court session he said undocumented immigrants should not be eligible for the card. “It’s a violation of law,” he said, adding that they were in the country illegally.
When questioned by Justice Minardo, Mr. Castorina was dismissive of Mr. Miller’s testimony.
“What I heard was political mumbo jumbo,” Mr. Castorina said on the stand.
Mayor Bill de Blasio has made IDNYC a signature of his administration, and Mr. Castorina said later that Mr. Miller was beholden to the mayor.
Immigrant advocacy groups want the city to go ahead with the document destruction because they fear that the information could be used by the incoming administration of President-elect Donald J. Trump, who has said he would deport two to three million undocumented people with criminal convictions.
Under the law that created the ID program in 2014, records of the documents used to apply were to be kept for two years and made available only through a judicial warrant or subpoena. Applicants were promised privacy.
The law was negotiated with the Police Department, and Mr. Miller admitted that the police department had wanted a longer period of document retention, but negotiated the two years.
Complete article HERE.
“The fact is we have federal laws that don’t just apply to small cities,” the former NYPD commissioner added. “They apply to all cities and all citizens of this country, and when mayors of cities flaunt that, I believe that they are committing crimes.” Howard Safir, New York City Fire Commissioner from 1994 to 1996 and New York City Police Commissioner from 1996 to 2000. Fox News Twitter.
(Title 18 Section 285 prohibits the unauthorized taking, use and attempted use of any document, record or file relating to a claim against the United States for purposes of procuring payment of that claim. Section 1663 is the protection of government property — protection of public records and documents. Section 1506 prohibits the theft, alteration or falsification of any record or process in any court of the United States. Both of these sections are punishable by a $5,000 fine or imprisonment for five years. 2071 – (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States... )
De Blasio is following in the footsteps of his leader…destroy all evidence of wrongdoing. More times than not since Obama took office and ran on a campaign of government transparency, lawsuits and allegations have been made about how slow response to FOIA requests, ignorance of procedures and documents, loss of documents, or outright destruction of documents have occurred. From EPA to IRS to State Department and more, lawyers and congress have found their way blocked. This makes the actions of these agencies illegal since more than a few laws have addressed the issue, most notably the above Title 18. Let’s hope the judge in this case also is one who follows the rule of law. Politics has no place in a courtroom.
For the last eight years with a bevy of appointments Obama has flooded court benches from low to high with those more interested in political views than law. According to a White House database, over 1500 appointments of many positions across the executive branch were made from 2009 through July 2015. Noticeably missing in the base are appointments since that time. Wikipedia has a more complete listing of just judicial appointments up until June 2016. But as is being noted in media now, he is quickly stacking the deck to end his term with more liberal-minded appointees even as we enter the last two weeks.
The question becomes more urgent as the clock ticks down – what will incoming employees and appointees find hidden or no longer found in their files? Should current employees be held to account if they received directives from above and from Obama to delete, trash, destroy? How much vital information or possibilities for understanding the past eight years of chaos will be forever lost as the new administration begins the task of settling in? What about all the “private” emails of all those in particular Obama, used to conduct federal business and escape FOIA. Hillary was wrong about home brew servers but with Wikileak documents, we have found that her statement “everybody is doing it” was allegedly true about private email accounts.
In the case of De Blasio, will he be held accountable in a court of law or court of public voting opinion for his far left actions and deliberate obstruction of justice? Will the Clintons or Obama ever be forced to face justice for their own actions? Somehow at least for the next year, I think not simply because Trump and his new administration will be too trying to sort out what was, what is, and where to go from this point as well as handling all the fires the libtards led by the reactionary Obuma, Dems, RINOS, and thugs are throwing at them.