The Maryland ACLU is now seeking a sponsor for new legislation to protect non-violent activist groups from police surveillance.
Colonel Sheridan, the present Superintendent, accepted the Sachs recommendations and has written to the 53 activists, inviting them to review their files before they are deleted from the terror database. His letter does not offer a State Police apology for the agency's outrageous and indefensible violation of their rights, however. Instead, it notes there is "no evidence whatsoever of any involvement in violent crime."
That is not good enough, Colonel Sheridan. There is a world of difference between saying, "We apologize for violating your rights" and, "We have no evidence you did anything wrong."These steps may be necessary first steps for righting these egregious violations of people's rights. But they are far from sufficient. Tangible remedies are called for, and empty apologies and hollow talk about the challenges of a "post-9/11 world" will not do.
As anyone who has sat through even one day in Criminal Court can attest, judges reserve their harshest sanctions for unapologetic and unrepentant offenders. Those descriptors certainly seem to apply to the current and former police superintendents and their senior staffs. For that reason, a full and proper response should include the following actions:
First, the governor should grant to each targeted group an amount equal to 14 months' worth of its operating expenses. That is the time period during which the police covertly and unconstitutionally derived benefit from the groups' activities. These grants should be funded directly from the State Police operating budget.
Second, the governor should also require the State Police to identify every state and federal database that was updated to include the names of the targeted individuals and groups, arrange for removal of their names and identities from those databases, and then certify that removal in writing to the affected people and groups.
Third, he should identify and discipline the current and former State Police officials who authorized and participated in the surveillance. Disciplinary measures should include termination or demotion where necessary. Retired senior officers who actively participated should be retroactively reduced in rank and have their retirement pay adjusted accordingly.
Fourth, the governor should arrange for training or re-training as needed to ensure there is zero likelihood of similar incidents happening in the future.
Fifth, the Maryland General Assembly should take whatever legislative steps are necessary to prohibit such police misconduct in the future.THEN, sixth, the State Police Superintendent should offer a written apology to each affected person and group on behalf of his agency. He should include printed copies of all information the police have on their targets and arrange for the prompt destruction of that information.
These are bold steps but they are apparently necessary to send the message to police that this kind of surveillance, without probable cause, in intolerable.So far, that message has not been sent. In July, Col. Sheridan said he was "troubled" by his agency's infringement on people's rights.Governor O'Malley said the police actions were "very concerning" to him.No one would take any message from such milquetoast pronouncements.
Gentlemen, this is no time for weasel-worded statements that express concern but avoid commitment. Stop being disturbed and troubled and start getting angry as hell. Make heads roll over this intrusion into people's lives. Clean this mess up.You must put this situation right. If you do anything less, you will show your state and our nation that you, not we, are the real "fringe people."
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