Abdur-Rashid and Hashmi v. NYPD

April 14, 2017

Petitioners Talib Abdur-Rashid, an Imam at the Mosque of Islamic Brotherhood, and Samir Hashmi, student and former treasurer of a Muslim Student Association, both sought records pertaining to the NYPD's alleged surveillance of them and their organizations. For both records requests, the NYPD issued Glomar-like denials, stating that they could neither confirm nor deny the existence of such records. After appeals, the Appellate Division dismissed both petitions, allowing the use of the Glomar doctrine for state records requests. An appeal to the New York Court of Appeals followed. In an amicus brief in support of the petitioners, we argued that use of the Glomar response, a federal, judicial doctrine developed to protect national security interests, should not apply at the state level and would greatly limit the act's effectiveness as a tool for keeping the public informed about the government.