ACLU Issues Tidal Wave of FOIAs on Police Spying

The Maryland ACLU dramatically upped the ante on the police spying scandal today, issuing new FOIAs for documents related to 32 advocacy groups and more than 250 individuals. This scandal is about to get a lot bigger, and no one – including the current Governor – is safe.

In a conference call with the press (and bloggers) today, ACLU lawyer David Rocah described an “overwhelming response” from fearful activist groups in the aftermath of the state police spying scandal. The ACLU chose to file FOIAs on behalf of groups and individuals involved with large rallies on the theory that the police offered the need to monitor potentially “violent or disruptive” demonstrations as a reason for their prior spying. The groups represented by the ACLU span the ideological spectrum and include ACORN, Amnesty International, Casa de Maryland, Children 1st, Christian Peace Witness for Iraq, Defend Life, Equality Maryland, the Maryland NAACP, Maryland NOW, Maryland NARAL, Peace Action Montgomery, PETA and Progressive Maryland.

Two factors threaten to mushroom the scandal out of control:

1. The ACLU’s FOIAs are not merely directed to the state police. They are also directed to any local police departments holding jurisdiction over the rallies sponsored by the ACLU’s clients. So if a group that demonstrated in Baltimore suspected spying, the Baltimore City Police would receive a FOIA along with the state police. Since the ACLU’s FOIAs cover the period of 2000 to the present, a lot of local officials – including former Baltimore Mayor Martin O’Malley – might have some explaining to do.

2. On the press call, two group leaders directly challenged police units under the control of an O’Malley administration for their surveillance practices. Dr. Tyrone Powers, head of education activist group Children First of Baltimore, alleged that city detectives visited his residence prior to a rally he was planning. His wife and daughter directed the detectives to a hotel where Dr. Powers was giving a speech. At the hotel, the detectives asked Dr. Powers to cancel the rally and told him they had opened an intelligence file on him. Dr. Powers, a former FBI agent, told the city detectives they were wrong to maintain a file on him and held the rally anyway. The rally took place in 2003, during then-Mayor O’Malley’s first term.

Jack Ames, leader of anti-abortion group Defend Life, describes his group as “Fighting the Culture of Death.” Ames related a police action against a demonstration by his group in Harford County. According to his account in Defend Life’s newsletter, state police troopers demanded a permit (when none was required), arrested all 18 demonstrators (including 2 juveniles) and held some of them overnight. When one protestor asked, “Why am I being arrested?” the officer responded, “That’s not relevant.” The incident occurred in August 2008.

The ACLU is preparing legislation to crack down on police surveillance on lawful demonstrations and other expressions of First Amendment rights. Their Legislative Director said the O’Malley administration had “no reaction” to their proposal. If the new wave of FOIAs upholds Dr. Powers’ and Mr. Ames’ allegations about O’Malley’s law enforcement agencies, the Governor will have to get out in front of this issue or risk offending yet another part of his base.