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Does NYPD Have Legal Authority to Take Down Planes?

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    Police Commissioner Ray Kelly says aircraft can be shot down if necessary

  • Duration 3:52
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New York city's police department could take down an airplane that threatens the city.

That from police commissioner Ray Kelly who is revealing brand new information about the city's massive counter terrorism operation -- Do you mean to say that the NYPD.

Has the means to take down an aircraft yes I'd prefer not to get into the details but.

Obviously this would be in a very Katrina situation.

You have.

The equipment and the training.

Yes.

That's from his interview with CBS's sixty minutes commissioner Kelly also detailed other security measures cops use to secure.

The most vulnerable areas like radiation detectors and a network of surveillance cameras He says New York City is the number one target in the country.

Andy says He knows He can't rely on the Fed's alone to protect it.

-- -- now Fox News senior judicial analyst judge ended a volatile he's the anchor freedom watch.

On the Fox Business -- he's also on the five every so often and judge it's great to see you and I know that you -- commissioner Kelly go back many many years but.

I get the feeling the feds would not appreciate him shooting planes out of the sky well I think you get the right feeling there's no doubt.

That the if if commissioner Kelly says -- the new York city police department has the ability and the training the question is to they have the legal authority to do it.

And they don't because the legal authority for protecting the nation's skies -- protecting the nation's borders belongs to the federal government.

I think the commissioner Kelly might have been making that statement just to reassure New Yorkers of the extent to which the new York city police will go.

In order to keep us safe but if push came to -- He would defer to the feds.

Who would have more knowledge than the new York city police about The Who what when where what was in the sky.

The flip side -- this as though the new York city police would have much more knowledge about.

What's on the ground and what could tolerate the fallout the physical literal fallout.

From such mid air assault.

Never judge I mean this is -- -- the same target Arizona has right it's a different subject clearly that Arizona saying that -- the federal government has failed.

To secure the borders their New York is saying the federal government.

Did not protect them on 9/11 and they should have the right to protect themselves.

Very very appealing argument.

That the commissioner makes -- that you just so nicely as summarized the commissioner however himself as you know was a former federal official for a number of years.

He was the director of that Drug Enforcement Administration He understands.

The relationship that exists between the federal government and local and state authorities with respect to safety.

But at once it's it's a relationship in which they work together.

And that once it's a bit of a rivalry that under the constitution and under the laws the state -- local authorities must defer to the feds.

And also under federal policy.

And at salt from the air is not a crime that's an act of war this is what the federal government -- and under the constitution.

The federal government wages war against people would assault us in the skies.

And not the local police but I would guess images that -- the offense keeping us safe and -- rather happy ray Kelly's guys are with them.

Yeah but let me just videotape -- one step further and as you're saying that -- Kelly was -- some day.

Live up to the ability to shoot down an airplane that the federal government would go after Ray Kelly may be in a physical way.

Yes the federal government would not allow.

Local police to use violent sort of monopolize.

The air space.

Mr.

Kelly knows that like -- said He probably made the statement.

To create the the impression -- the true impression that we are well protected here in New York City but when push came to -- if the Fed said don't shoot.

And commissioner Kelly said shoot.

The guys working for the commissioner would probably orders in the Fed's.

Our senior judicial analyst fox is judge get involved on a judge Greg -- -- courtesy of my friends.

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