As a direct response to my concerns, you have actually addressed some these fundamental concerns that should have been dealt with in the original article article allowing me, as an untrained lay-person in this matter, to take this case much more seriously.
I am still not convinced that this is an instance of policy and not individual incentives, but answering that would involve reasearch into many cases, their incentive structure, comparrisons to other groups, ETC, and would need to be written up into a long and in depth article which would get fewer readers and less invigorate the base as these shorter and less logically compelling pieces. I realize that this is a fundemental problem with any type of activism, and the only solution I know of is to call it out and hope that A) someone will provide the information in comments, B) authors will tend to include (or reference) more information in the original article, and C) other people will that these articles may not show what they think they do.
The NYPD has a long history of doing this, not only shown on this site, but others. It's actually quite bad.
Here's another few examples
http://motherboard.vice.com/blog/the-nypd-is-foia-proof,
http://www.huffingtonpost.com/2013/09/03/ap-nypd-matt-apuzzo...
etc
Muckrock has enough history requesting things from the NYPD that they are probably tired of writing up the same case of this maliciousness, again and again.
No, they can't. There is no claim they would be allowed to make here.
Don't take this the wrong way, but you keep making all sorts of claims about what their legal position, risks, etc are, with absolutely no basis to do so. If you are going to do this, could you please at least cite whatever authority is giving you these ideas in the first place? I'm not even sure where to begin, because, with all due respect, what you are saying is "not even wrong"