There's a big story in The New York Times today, confirming what many people involved have long suspected: the NYPD's intelligence unit infiltrated and subsequently filed reports on various Progressive left political groups in New York City that were engaged with the 2004 Republican National Convention under the pretext of stopping criminal activity in opposition to that event. This also provides a case study into government dysfunction in New York on several levels.

But potential troublemakers were hardly the only ones to end up in the files. In hundreds of reports stamped “N.Y.P.D. Secret,” the Intelligence Division chronicled the views and plans of people who had no apparent intention of breaking the law, the records show.

These included members of street theater companies, church groups and antiwar organizations, as well as environmentalists and people opposed to the death penalty, globalization and other government policies. Three New York City elected officials were cited in the reports.

In at least some cases, intelligence on what appeared to be lawful activity was shared with police departments in other cities. A police report on an organization of artists called Bands Against Bush noted that the group was planning concerts on Oct. 11, 2003, in New York, Washington, Seattle, San Francisco and Boston. Between musical sets, the report said, there would be political speeches and videos.

“Activists are showing a well-organized network made up of anti-Bush sentiment; the mixing of music and political rhetoric indicates sophisticated organizing skills with a specific agenda,” said the report, dated Oct. 9, 2003. “Police departments in above listed areas have been contacted regarding this event.”

The NYPD's intteligence gathering operates under the Handschu Consent Decree, which, broadly speaking, subjects intrusive surveillance to the review of a select committee of City lawyers, and sets limits on what the NYPD may or may not do.

Before monitoring political activity, the police must have “some indication of unlawful activity on the part of the individual or organization to be investigated,” United States District Court Judge Charles S. Haight Jr. said in a ruling last month.

In fairness, it should be noted that the NYPD enhanced its intelligence apparatus in response to the abysmal Federal performance on the 9/11 attacks.

After the Sept. 11 attacks, Raymond W. Kelly, who became police commissioner in January 2002, “took the position that the N.Y.P.D. could no longer rely on the federal government alone, and that the department had to build an intelligence capacity worthy of the name,” Mr. Browne said.

The New Yorker published a long piece in July 2005 on the NYPD's activities, which are considered best-in-class by national standards, to the point where the FBI is in part dependent on their overseas information-gathering abilities. Clearly, however, the root cause of the NYPD's actions is the failure of the republican-administered executive branch of the Federal government.

But even against that background, there is no readily discernible motive for spying on Bands Against Bush or Billionaires for Bush. They don't do truck bombs; they do street theater. The crux of the matter is this:

“There’s no reason I should have been placed on any kind of surveillance status. It affected me, my ability to exercise free speech, and the ability of thousands of people [...], to exercise their free speech.”

And this:

The sponsors of an event planned for Jan. 15, 2004, in honor of the Rev. Dr. Martin Luther King Jr.’s birthday were listed in one of the reports, which noted that it was a protest against “the R.N.C., the war in Iraq and the Bush administration.” It mentioned that three members of the City Council at the time, Charles Barron, Bill Perkins and Larry B. Seabrook, “have endorsed this event.”

Congratulations, Senator Perkins, you have an NYPD file! Of course, as a member of the Democratic minority in the state Senate, he also can't call hearings or anything like that. That's because, very simply, legislators in Albany can't do a damned thing without the imprimatur of the boss of their respective house. Bill Perkins is not going to get Joe Bruno's OK to do anything about this. His involvement ends here.

Now we get to the underlying scandal. New York City has a constitutional officer expressly charged with protecting New Yorkers from heavy-handed government activity. That officer is the Public Advocate. Her name is Betsy Gotbaum. She was nowhere to be seen in 2004. She is nowhere to be seen now. And Betsy Gotbaum, Ladies and Gentlemen, wants to be your next mayor. However, Betsy Gotbaum is the watchdog that did not bark. Her web site details the powers she's not exercising on your behalf:

As the City's watchdog and New Yorkers' ombudswoman, Betsy Gotbaum:

Helps solve people's problems with City government

Acts as a watchdog over all City agencies, identifying ways they can improve the delivery of services to New Yorkers

Presides over the City's legislative body - the City Council - and sponsors legislation to protect City residents

The surveillance and reporting of political activity is a scandal in its own right. The fact that duly elected representatives of the people's interests can't – Bill Perkins – or won't – Betsy Gotbaum – do anything by way of redress is another.

And there you have it.

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