5-21-09 -- On the Tuesday night Factor O'Reilly talked about racial profiling, the ACLU, and crime in New York city. He said this:
O'REILLY: It's not about torture tonight. It's about the ACLU's America-hating attacks on something “right here in New York City.” All because the ACLU objects to the use of racial profiling by the New York City Police Department.

Once riddled with violent crime, New York is now largely safe thanks to aggressive policing instituted by Bill Bratton and Rudy Giuliani, the cops here are proactive, they try to stop crime before it happens by keeping close tabs on the bad guys. From the jump, the ACLU opposed that.
But as usual O'Reilly got one big thing wrong, and left out some very important details. He wants to smear the ACLU so bad he just makes up stories about them, then calls himself an honest journalist.

The ACLU had nothing to do with it, The Center for Constitutional Rights (CCR) filed the lawsuit, NOT the ACLU. That's a pretty big mistake for a so-called truth telling honest journalist, right? Billy has a fact checking staff of 15 people that he claims never screw up, wrong, they just did, and they got it very wrong.

A simple google search will get you this, from the NY Daily News:
January 2009 -- The NYPD is on pace to stop and question a record half a million citizens this year - about 80% of them black or Latino, a new report says.

The Center for Constitutional Rights, citing NYPD data obtained in a suit, said the vast majority of those stopped and questioned in 2005 through June 2008 weren't charged with any crime. In 2007, the last complete year of data, cops arrested only 5.8% of the 472,096 people they stopped.

"The New York City Police Department continues to prey on African-American and Latino communities in New York City," Vincent Warren, executive director of the Center for Constitutional Rights, said.
Dear Bill O'Reilly, if you can not even get simple facts right, why should we believe anything else you reported on this story. O'Reilly said the New York Chapter of the ACLU recently filed a complaint, wrong, it was filed by CCR not the ACLU, about 4 months ago in January of 2009.
O'REILLY: Recently the New York Chapter of the ACLU filed a complaint against the police charging they were stopping black people more than white people for questioning. The ACLU says that's bias, their usual charge.
What O'Reilly failed to mention is that the RAND Corporation was subpoenaed last week for data the NYPD gave it to analyze. O'Reilly never said a word about any of that. It's like when the cops shoot an unarmed man 42 times, then they investigate their own people and they never find they did anything wrong. And how reliable is a study on cops using racial profiling, when they provide the data for the study, answer that Billy.

The lawsuit aims to stop what CCR considers the police department’s systematic racial profiling in African-American neighborhoods. The RAND subpoena is needed to gain access to stop and frisk information compiled by the NYPD, which the attorneys will use to try and prove a pattern of racial profiling, then force changes to these practices through the courts.

The vast majority of those stopped and questioned weren't charged with any crimes. And O'Reilly failed to mention one other thing, civil rights, as in probable cause and the laws against unreasonable search and seizure. These cops are doing random stops of mostly innocent people, their own stats say 95% of the people they stop are innocent, and not arrested.

This is a violation of their civil rights, and racial profiling, but O'Reilly claims it's ok, because 5% of the people they stop are arrested. It's the same as arguing that torture is ok if you get information from it, even though it's illegal. O'Reilly even said it was anti-American to not racially profile them.

The RAND study found no racial profiling in its examination. But St. John's University student David Ourlicht, 21, sees it differently. He was stopped on the street three times by cops - once at gunpoint - and never charged with a crime. The Manhattanite, who is half black and half white, was among 1 million people snagged in the NYPD's stop-and-frisk net since 2005.
"It's something that I have to deal with every day," Ourlicht said. "I can't trust the people that are supposed to protect me and that's scary."
So in O'Reilly world it's ok to racially profile 95% of the population if 5% of them are arrested. That means he thinks it's ok to violate the rights of 95% of the people who did nothing illegal. Hey Billy, what about the 95% who were innocent and did nothing wrong, you claim to stand up for the little guy, then you throw 95% of the little guys to the curb. Don't their rights matter to you?

Billy said if the cops do not do this more people will die, which is just laughable. The 5% that were arrested were not all murderers, they were mostly arrested on minor charges, theft, robbery, drugs, etc. Nobody is saying all the people arrested were killers. O'Reilly acts like they took thousands of killers off the streets with this program, which is just not true.
O'REILLY: Most criminal justice experts say if you cut back on proactive policing, more Americans will die in the streets. I believe the ACLU is the most dangerous anti-American organization in the country and if clear-thinking Americans do not confront this group and their members, and their support system in the media, people will die.
Basically, O'Reilly got most of the facts wrong, blamed the ACLU when it was the CCR, said it was ok to use racial profiling, claimed the cops do not just do random stops on black people for no reason, when that is exactly what they are doing, ignored the fact that it's a violation of a persons civil rights against unreasonable search and seizure, ignored the fact that the cops provided the data for the RAND study, and ignored the fact that 95% of the people stopped are innocent and never arrested.

Those are the facts, all the facts, not the partial facts O'Reilly reported. Now you see the whole story, not the partial right-wing spin O'Reilly put on it. The NY Police stopped 427,000 people in 2007, and 80% were black or latino, while only 5% were arrested. With no probable cause, just random stops, and O'Reilly said it was all ok with him, while ignoring or spinning all the facts of the story.

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