The City Council thought they were being clever when they created the law with a provision that allowed for the destruction of the records concerning the cards at the end of 2016.
The program's backers included language that allows for destroying the applicants' identity and residency information at the end of 2016 if administrators do not move to keep them.While Federal law allows for persons, corporate entities, States, and political sub-divisions of a State to establish records retention policies that are accepted by courts, such policies must be uniform and consistent throughout the organization. New York City does not have a policy of quickly destroying records in any other agency or department, nor in any case may records be destroyed to prevent those records from being obtained in an investigation by the Federal government.
[Wary Of Trump Immigration Threat, NY May Erase ID Card Data, By Deepti Hajela And Jennifer Peltz, Associated Press, November 16, 2016]
In fact, any destruction of those records held by New York City will constitute separate criminal offenses, including violation of Title 18 USC 1519, Destruction of Evidence, 18 USC 1510, Obstruction of Criminal Investigators, 18 USC 1505, Obstruction of Federal Proceedings, and 18 USC 1512, Tampering.
Laughably, though, an NYC City Council member has admitted that the purpose of that provision of law was to obstruct any investigation of the illegal aliens who obtained those NYC identification cards.
"Protecting it from a possible Republican president was just one of the reasons" for the provision, said City Councilman Carlos Menchaca, who wrote the law that created the program.Not a very bright statement from El Paso native Councilman Menchaca, (right)who Wikipedia says is "the first Mexican American" elected to public office in New York City, and the first "openly-gay New York City Council" member from Brooklyn.
Menchaca [Email him] just provided evidence of intent in any investigation and the new Attorney General now has all the evidence he needs to charge NYC and its employees with multiple violations of Federal law.
If Mayor Bill De Blasio thought he had problems with the Trump Administration, those problems just got worse. He will be the first person subject to arrest and prosecution for destruction of evidence, not to mention the harboring of illegal aliens.
NYC and De Blasio have laid down a challenge to the incoming President and Attorney General. This will be a test of Jefferson Beauregard Sessions' character. I hope he does not fail.
Earlier on Municipal ID in New York: