Secret affidavit won't be allowed in NYPD case

A federal judge refused to allow New York City to file a secret affidavit in the New York Police Department’s defense in a case brought by the New York Civil Liberties Union alleging illegal police tactics at the 2004 Republican National Convention.

The NYCLU has alleged that NYPD engaged in undercover surveillance of groups planning protests of the convention. The city attempted to file the secret affidavit of a deputy police commissioner to challenge an August 2007 court order requiring the city to release documents detailing surveillance procedures.

Magistrate Judge James C. Francis IV rejected the city’s effort, stating: "It is the rare case where the very arguments presented to the court in order to influence its decision may justifiably be shielded from opposing counsel and from the public. This is not that case."