The city of Denver needs to quickly sort out whether some police are clandestinely helping federal agents spy on and intimidate innocent citizens.
The American Civil Liberties Union claimed last week that it has obtained new documents that confirm the federal Joint Terrorism Task Force in Denver is targeting “peaceful political activists and creating files on constitutionally protected political activities and associations that have nothing to do with terrorism.”
ACLU legal director Mark Silverstein said the documents raise questions as to whether Denver police – including two detectives assigned full-time to the task force – are participating in the collection of political surveillance information with the feds.
Under a legal settlement in Denver’s so-called “spy files” controversy, the DPD is prohibited from monitoring and creating records on residents involved in peaceful protest activities. Only if there is a reasonable suspicion of criminal activity can police collect such information. For police to view people as criminals without evidence threatens civil liberties.
The settlement agreement stems from a 2002 ACLU lawsuit challenging DPD spy activities over several decades involving some 10,000 individuals and 1,000 organizations. The agreement requires periodic audits of DPD’s compliance.
But due to FBI secrecy, Silverstein said it has been impossible for an independent auditor to determine whether the DPD is involved in activities that violate the settlement. In a letter to Mayor John Hickenlooper and City Council President Elbra Wedgeworth, the ACLU asked that Denver withdraw from the task force if its work can’t be audited for compliance. (Portland, Ore., recently cut its ties with a task force for similar concerns.)
Denver City Attorney Cole Finegan scheduled a meeting with Police Chief Gerry Whitman to discuss the situation and determine whether the city is in compliance. “We want to be in compliance,” Finegan said.
The city should move quickly to ensure that it is in compliance and that the civil liberties of Denver residents are protected, even as city and federal officials work to protect against legitimate threats.
