The panicked superintendent dialed 911, sending police
and the FBI rushing to the building near Rutgers
University on the afternoon of June 2, 2009. What they
found in that first-floor apartment, however, was not a
terrorist hideout but a command center set up by a
secret team of New York Police Department intelligence
officers.
From that apartment, about an hour outside the
department's jurisdiction, the NYPD had been staging
undercover operations and conducting surveillance
throughout New Jersey. Neither the FBI nor the local
police had any idea.
Since the terrorist attacks of Sept. 11, 2001, the NYPD
has become one of the country's most aggressive
domestic intelligence agencies. A months-long
investigation by The Associated Press has revealed that
the NYPD operates far outside its borders and targets
ethnic communities in ways that would run afoul of
civil liberties rules if practiced by the federal
government. And it does so with unprecedented help from
the CIA in a partnership that has blurred the bright
line between foreign and domestic spying.
- Neither the city
council, which finances the department, nor the federal
government, which contributes hundreds of millions of
dollars each year, is told exactly what's going on.
The department has dispatched teams of undercover
officers, known as "rakers," into minority
neighborhoods as part of a human mapping program,
according to officials directly involved in the
program. They've monitored daily life in bookstores,
bars, cafes and nightclubs. Police have also used
informants, known as "mosque crawlers," to monitor
sermons, even when there's no evidence of wrongdoing.
NYPD officials have scrutinized imams and gathered
intelligence on cab drivers and food cart vendors, jobs
often done by Muslims.
Many of these operations were built with help from the
CIA, which is prohibited from spying on Americans but
was instrumental in transforming the NYPD's
intelligence unit.
And just last month, the CIA sent a senior officer to
work as a clandestine operative inside police
headquarters.
Details of clandestine operations
revealed
While the expansion of the NYPD's intelligence unit has
been well known, many details about its clandestine
operations, including the depth of its CIA ties, have
not previously been reported.
The NYPD denied that it trolls ethnic neighborhoods and
said it only follows leads. In a city that has
repeatedly been targeted by terrorists, police make no
apologies for pushing the envelope. NYPD intelligence
operations have disrupted terrorist plots and put
several would-be killers in prison.
"The New York Police Department is doing everything it
can to make sure there's not another 9/11 here and that
more innocent New Yorkers are not killed by
terrorists," NYPD spokesman Paul Browne said. "And we
have nothing to apologize for in that regard."
But officials said they've also been careful to keep
information about some programs out of court, where a
judge might take a different view. The NYPD considers
even basic details, such as the intelligence division's
organization chart, to be too sensitive to reveal in
court.
One of the enduring questions of the past decade is
whether being safe requires giving up some liberty and
privacy. The focus of that debate has primarily been
federal programs like wiretapping and indefinite
detention. The question has received less attention in
New York, where residents do not know for sure what, if
anything, they have given up.
The story of how the NYPD Intelligence Division
developed such aggressive programs was pieced together
by the AP in interviews with more than 40 current and
former New York Police Department and federal
officials. Many were directly involved in planning and
carrying out these secret operations for the
department. Though most said the tactics were
appropriate and made the city safer, many insisted on
anonymity, because they were not authorized to speak
with reporters about security matters.
The story begins with one man.
David Cohen arrived at the New York Police Department
in January 2002, just weeks after the last fires had
been extinguished at the debris field that had been the
twin towers. A retired 35-year veteran of the CIA,
Cohen became the police department's first civilian
intelligence chief.
Cohen had an exceptional career at the CIA, rising to
lead both the agency's analytical and operational
divisions. He also was an extraordinarily divisive
figure, a man whose sharp tongue and supreme confidence
in his own abilities gave him a reputation as arrogant.
Cohen's tenure as head of CIA operations, the nation's
top spy, was so contentious that in 1997, The New York
Times editorial page took the unusual step of calling
for his ouster.
He had no police experience. He had never defended a
city from an attack. But New York wasn't looking for a
cop.
A mini CIA, just for New York
At the time, the intelligence division was best known
for driving dignitaries around the city. Cohen
envisioned a unit that would analyze intelligence, run
undercover operations and cultivate a network of
informants. In short, he wanted New York to have its
own version of the CIA.
Cohen shared Commissioner Ray Kelly's belief that 9/11
had proved that the police department could not simply
rely on the federal government to prevent terrorism in
New York.
"If anything goes on in New York," one former officer
recalls Cohen telling his staff in the early days,
"it's your fault."
Among Cohen's earliest moves at the NYPD was making a
request of his old colleagues at CIA headquarters in
Langley, Va. He needed someone to help build this new
operation, someone with experience and clout and, most
important, someone who had access to the latest
intelligence so the NYPD wouldn't have to rely on the
FBI to dole out information.
CIA Director George Tenet responded by tapping Larry
Sanchez, a respected veteran who had served as a CIA
official inside the United Nations. Often, when the CIA
places someone on temporary assignment, the other
agency picks up the tab. In this case, three former
intelligence officials said, Tenet kept Sanchez on the
CIA payroll.
When he arrived in New York in March 2002, Sanchez had
offices at both the NYPD and the CIA's station in New
York, one former official said. Sanchez interviewed
police officers for newly defined intelligence jobs. He
guided and mentored officers, schooling them in the art
of gathering information. He also directed their
efforts, another said.
There had never been an arrangement like it, and some
senior CIA officials soon began questioning whether
Tenet was allowing Sanchez to operate on both sides of
the wall that's supposed to keep the CIA out of the
domestic intelligence business.
"It should not be a surprise to anyone that, after
9/11, the Central Intelligence Agency stepped up its
cooperation with law enforcement on counterterrorism
issues or that some of that increased cooperation was
in New York, the site of ground zero," CIA spokeswoman
Jennifer Youngblood said.
Just as at the CIA, Cohen and Sanchez knew that
informants would have to become the backbone of their
operation. But with threats coming in from around the
globe, they couldn't wait months for the perfect plan.
Looking for reasons to pull people
over
They came up with a makeshift solution. They dispatched
more officers to Pakistani neighborhoods and, according
to one former police official directly involved in the
effort, instructed them to look for reasons to stop
cars: speeding, broken tail lights, running stop signs,
whatever. The traffic stop gave police an opportunity
to search for outstanding warrants or look for
suspicious behavior. An arrest could be the leverage
the police needed to persuade someone to become an
informant.
For Cohen, the transition from spying to policing
didn't come naturally, former colleagues said. When
faced with a decision, especially early in his tenure,
he'd fall back on his CIA background. Cutter said he
and other uniformed officers had to tell Cohen, no, we
can't just slip into someone's apartment without a
warrant. No, we can't just conduct a search. The rules
for policing are different.
Since 1985, the NYPD had operated under a federal court
order limiting the tactics it could use to gather
intelligence. During the 1960s and 1970s, the
department had used informants and undercover officers
to infiltrate anti-war protest groups and other
activists without any reason to suspect criminal
behavior.
To settle a lawsuit, the department agreed to follow
guidelines that required "specific information" of
criminal activity before police could monitor political
activity.
In September 2002, Cohen told a federal judge that
those guidelines made it "virtually impossible" to
detect terrorist plots. The FBI was changing its rules
to respond to 9/11, and Cohen argued that the NYPD must
do so, too.
"In the case of terrorism, to wait for an indication of
crime before investigating is to wait far too long,"
Cohen wrote.
U.S. District Judge Charles S. Haight Jr. agreed,
saying the old guidelines "addressed different perils
in a different time." He scrapped the old rules and
replaced them with more lenient ones.
It was a turning point for the NYPD.
With his newfound authority, Cohen created a secret
squad that would soon infiltrate Muslim neighborhoods,
according to several current and former officials
directly involved in the program.
The NYPD carved up the city into more than a dozen
zones and assigned undercover officers to monitor them,
looking for potential trouble.
At the CIA, one of the biggest obstacles has always
been that U.S. intelligence officials are
overwhelmingly white, their mannerisms clearly
American. The NYPD didn't have that problem, thanks to
its diverse pool of officers.
Using census data, the department matched undercover
officers to ethnic communities and instructed them to
blend in, the officials said. Pakistani-American
officers infiltrated Pakistani neighborhoods,
Palestinians focused on Palestinian neighborhoods. They
hung out in hookah bars and cafes, quietly observing
the community around them.
The unit, which has been undisclosed now, became known
inside the department as the Demographic Unit, former
police officials said.
The officers did not work out of headquarters,
officials said. Instead, they passed their intelligence
to police handlers who knew their identities.
Cohen said he wanted the squad to "rake the coals,
looking for hot spots," former officials recalled. The
undercover officers soon became known inside the
department as rakers.
Ethnic bookstores, cosmetics stores
scrutinized
A hot spot might be a beauty supply store selling
chemicals used for making bombs. Or it might be a
hawala, a broker that transfers money around the world
with little documentation. Undercover officers might
visit an Internet cafe and look at the browsing history
on a computer, a former police official involved in the
program said. If it revealed visits to radical
websites, the cafe might be deemed a hot spot.
Ethnic bookstores, too, were on the list. If a raker
noticed a customer looking at radical literature, he
might chat up the store owner and see what he could
learn. The bookstore, or even the customer, might get
further scrutiny. If a restaurant patron applauds a
news report about the death of U.S. troops, the patron
or the restaurant could be labeled a hot spot.
The goal was to "map the city's human terrain," one law
enforcement official said. The program was modeled in
part on how Israeli authorities operate in the West
Bank, a former police official said.
Mapping crimes has been a successful police strategy
nationwide. But mapping robberies and shootings is one
thing. Mapping ethnic neighborhoods is different,
something that at least brushes against what the
federal government considers racial profiling.
Browne, the NYPD spokesman, said the Demographic Unit
does not exist. He said the department has a Zone
Assessment Unit that looks for locations that could
attract terrorists. But he said undercover officers
only followed leads, disputing the account of several
current and former police and federal officials. They
do not just hang out in neighborhoods, he said.
"We will go into a location, whether it's a mosque or a
bookstore, if the lead warrants it, and at least
establish whether there's something that requires more
attention," Browne said.
That conflicts with testimony from an undercover
officer in the 2006 trial of Shahawar Matin Siraj, who
was convicted of planning an attack on New York's
subway system. The officer said he was instructed to
live in Brooklyn and act as a "walking camera" for
police.
"I was told to act like a civilian — hang out in the
neighborhood, gather information," the Bangladeshi
officer testified, under a false name, in what offered
the first narrow glimpse at the NYPD's infiltration of
ethnic neighborhoods.
'It's not profiling'
Officials said such operations just made sense. Islamic
terrorists had attacked the city on 9/11, so police
needed people inside the city's Muslim neighborhoods.
Officials say it does not conflict with a 2004 city law
prohibiting the NYPD from using religion or ethnicity
"as the determinative factor for initiating law
enforcement action."
In 2007, the Los Angeles Police Department was
criticized for even considering a similar program. The
police announced plans to map Islamic neighborhoods to
look for pockets of radicalization among the region's
roughly 500,000 Muslims. Criticism was swift, and chief
William Bratton scrapped the plan.
"A lot of these people came from countries where the
police were the terrorists," Bratton said at a news
conference, according to the Los Angeles Daily News.
"We don't do that here. We do not want to spread fear."
In New York, current and former officials said, the
lesson of that controversy was that such programs
should be kept secret.
Some in the department, including lawyers, have
privately expressed concerns about the raking program
and how police use the information, current and former
officials said. Part of the concern was that it might
appear that police were building dossiers on innocent
people, officials said. Another concern was that, if a
case went to court, the department could be forced to
reveal details about the program, putting the entire
operation in jeopardy.
That's why, former officials said, police regularly
shredded documents discussing rakers.
When Cohen made his case in court that he needed
broader authority to investigate terrorism, he had
promised to abide by the FBI's investigative
guidelines. But the FBI is prohibited from using
undercover agents unless there's specific evidence of
criminal activity, meaning a federal raking program
like the one officials described to the AP would
violate FBI guidelines.
The NYPD declined to make Cohen available for comment.
In an earlier interview with the AP on a variety of
topics, Police Commissioner Kelly said the intelligence
unit does not infringe on civil rights.
"We're doing what we believe we have to do to protect
the city," he said. "We have many, many lawyers in our
employ. We see ourselves as very conscious and aware of
civil liberties. And we know there's always going to be
some tension between the police department and
so-called civil liberties groups because of the nature
of what we do."
The department clashed with civil rights groups most
publicly after Cohen's undercover officers infiltrated
anti-war groups before the 2004 Republican National
Convention in New York. A lawsuit over that program
continues today.
During the convention, when protesters were arrested,
police asked a list of questions which, according to
court documents, included: "What are your political
affiliations?" "Do you do any kind of political work?"
and "Do you hate George W. Bush?"
"At the end of the day, it's pure and simple a rogue
domestic surveillance operation," said Christopher
Dunn, a New York Civil Liberties Union lawyer involved
in the convention lawsuit.
The NYPD dedicated an entire squad, the Terrorist
Interdiction Unit, to developing and handling
informants. Current and former officials said Sanchez
was instrumental in teaching them how to develop
sources.
For years, detectives used informants known as mosque
crawlers to monitor weekly sermons and report what was
said, several current and former officials directly
involved in the informant program said. If FBI agents
were to do that, they would be in violation of the
Privacy Act, which prohibits the federal government
from collecting intelligence on purely First Amendment
activities.
The FBI has generated its own share of controversy for
putting informants inside mosques, but unlike the
program described to the AP, the FBI requires evidence
of a crime before an informant can be used inside a
mosque.
Valerie Caproni, the FBI's general counsel, would not
discuss the NYPD's programs but said FBI informants
can't troll mosques looking for leads. Such operations
are reviewed for civil liberties concerns, she said.
"If you're sending an informant into a mosque when
there is no evidence of wrongdoing, that's a very
high-risk thing to do," Caproni said. "You're running
right up against core constitutional rights. You're
talking about freedom of religion."
That's why senior FBI officials in New York ordered
their own agents not to accept any reports from the
NYPD's mosque crawlers, two retired agents said.
It's unclear whether the police department still uses
mosque crawlers. Officials said that, as Muslims
figured out what was going on, the mosque crawlers
became cafe crawlers, fanning out into the city's
ethnic hangouts.
"Someone has a great imagination," Browne, the NYPD
spokesman, said. "There is no such thing as mosque
crawlers."
Following the foiled subway plot, however, the key
informant in the case, Osama Eldawoody, said he
attended hundreds of prayer services and collected
information even on people who showed no signs of
radicalization.
NYPD detectives have recruited shopkeepers and nosy
neighbors to become "seeded" informants who keep police
up to date on the latest happenings in ethnic
neighborhoods, one official directly involved in the
informant program said.
The department also has a roster of "directed"
informants it can tap for assignments. For instance, if
a raker identifies a bookstore as a hot spot, police
might assign an informant to gather information, long
before there's concrete evidence of anything criminal.
Police are in prisons, too, promising better living
conditions and help or money on the outside for Muslim
prisoners who will work with them.
Early in the intelligence division's transformation,
police asked the taxi commission to run a report on all
the city's Pakistani cab drivers, looking for those who
got licenses fraudulently and might be susceptible to
pressure to cooperate, according to former officials
who were involved in or briefed on the effort.
That strategy has been rejected in other cities.
Boston police once asked neighboring Cambridge for a
list of Somali cab drivers, Cambridge Police Chief
Robert Haas said. Haas refused, saying that without a
specific reason, the search was inappropriate.
"It really has a chilling effect in terms of the
relationship between the local police department and
those cultural groups, if they think that's going to
take place," Haas said.
The informant division was so important to the NYPD
that Cohen persuaded his former colleagues to train a
detective, Steve Pinkall, at the CIA's training center
at the Farm. Pinkall, who had an intelligence
background as a Marine, was given an unusual temporary
assignment at CIA headquarters, officials said. He took
the field tradecraft course alongside future CIA spies
then returned to New York to run investigations.
"We found that helpful, for NYPD personnel to be
exposed to the tradecraft," Browne said.
The idea troubled senior FBI officials, who saw it as
the NYPD and CIA blurring the lines between police work
and spying, in which undercover officers regularly
break the laws of foreign governments. The arrangement
even made its way to FBI Director Robert Mueller, two
former senior FBI officials said, but the training was
already under way and Mueller did not press the issue.
NYPD's intelligence operations do not stop at the city
line, as the undercover operation in New Jersey made
clear.
The department has gotten some of its officers
deputized as federal marshals, allowing them to work
out of state. But often, there's no specific
jurisdiction at all. Cohen's undercover squad, the
Special Services Unit, operates in places such as New
Jersey, Pennsylvania and Massachusetts, officials said.
They can't make arrests and, if something goes wrong —
a shooting or a car accident, for instance — the
officers could be personally liable. But the NYPD has
decided it's worth the risk, a former police official
said.
With Police Commissioner Kelly's backing, Cohen's
policy is that any potential threat to New York City is
the NYPD's business, regardless of where it occurs,
officials said.
Once, undercover officers were stopped by police in
Massachusetts while conducting surveillance on a house,
one former New York official recalled. In another
instance, the NYPD sparked concern among federal
officials by expanding its intelligence-gathering
efforts related to the United Nations, where the FBI is
in charge, current and former federal officials said.
The AP has agreed not to disclose details of either the
FBI or NYPD operations because they involve foreign
counterintelligence.
Both Mueller and Kelly have said their agencies have
strong working relationships and said reports of
rivalry and disagreements are overblown. And the NYPD's
out-of-state operations have had success.
A young Egyptian NYPD officer living undercover in New
Jersey, for example, was key to building a case against
Mohamed Mahmood Alessa and Carlos Eduardo Almonte. The
pair was arrested last year at John F. Kennedy Airport
en route to Somalia to join the terrorist group
al-Shabab. Both pleaded guilty to conspiracy.
Cohen has also sent officers abroad, stationing them in
11 foreign cities. If a bomber blows himself up in
Jerusalem, the NYPD rushes to the scene, said
Dzikansky, who served in Israel and is the co-author of
the forthcoming book "Terrorist Suicide Bombings:
Attack Interdiction, Mitigation, and Response."
"I was there to ask the New York question," Dzikansky
said. "Why this location? Was there something unique
that the bomber had done? Was there any
pre-notification? Was there a security lapse?"
All of this intelligence — from the rakers, the
undercovers, the overseas liaisons and the informants —
is passed to a team of analysts hired from some of the
nation's most prestigious universities. Analysts have
spotted emerging trends and summarized topics such as
Hezbollah's activities in New York and the threat of
South Asian terrorist groups.
They also have tackled more contentious topics,
including drafting an analytical report on every mosque
within 100 miles of New York, one former police
official said. The report drew on information from
mosque crawlers, undercover officers and public
information. It mapped hundreds of mosques and
discussed the likelihood of them being infiltrated by
al-Qaida, Hezbollah and other terrorist groups.
For Cohen, there was only one way to measure success:
"They haven't attacked us," he said in a 2005
deposition. He said anything that was bad for
terrorists was good for NYPD.
Though the CIA is prohibited from collecting
intelligence domestically, the wall between domestic
and foreign operations became more porous. Intelligence
gathered by the NYPD, with CIA officer Sanchez
overseeing collection, was often passed to the CIA in
informal conversations and through unofficial channels,
a former official involved in that process said.
By design, the NYPD was looking more and more like a
domestic CIA.
Sanchez's assignment in New York ended in 2004, but he
received permission to take a leave of absence from the
agency and become Cohen's deputy, former officials
said.
Though Sanchez's assignments were blessed by CIA
management, some in the agency's New York station saw
the presence of such a senior officer in the city as a
turf encroachment. Finally, the New York station chief,
Tom Higgins, called headquarters, one former senior
intelligence official said. Higgins complained, the
official said, that Sanchez was wearing both hats,
sometimes acting as a CIA officer, sometimes as an NYPD
official.
The CIA finally forced him to choose: Stay with the
agency or stay with the NYPD.
Sanchez declined to comment to the AP about the
arrangement, but he picked the NYPD. He retired last
year and is now a consultant in the Middle East.
More CIA presence in New York
Last month, the CIA deepened its NYPD ties even
further. It sent one of its most experienced
operatives, a former station chief in two Middle
Eastern countries, to work out of police headquarters
as Cohen's special assistant while on the CIA payroll.
Current and former U.S. officials acknowledge it's
unusual but said it's the kind of collaboration
Americans expect after 9/11.
Officials said revealing the CIA officer's name would
jeopardize national security. The arrangement was
described as a sabbatical. He is a member of the
agency's senior management, but officials said he was
sent to the municipal police department to get
management experience.
At the NYPD, he works undercover in the senior ranks of
the intelligence division. Officials are adamant that
he is not involved in actual intelligence-gathering.
The NYPD has faced little scrutiny over the past decade
as it has taken on broad new intelligence missions,
targeted ethnic neighborhoods and partnered with the
CIA in extraordinary ways.
The department's primary watchdog, the New York City
Council, has not held hearings on the intelligence
division's operations and former NYPD officials said
council members typically do not ask for details.
"Ray Kelly briefs me privately on certain subjects that
should not be discussed in public," said City
Councilman Peter Vallone. "We've discussed in person
how they investigate certain groups they suspect have
terrorist sympathizers or have terrorist suspects."
The city comptroller's office has audited several NYPD
components since 9/11 but not the intelligence unit,
which had a $62 million budget last year.
Video:
AP report: NYPD targeting ethnic
communities (on this
page)
A report in January by the Homeland Security inspector
general, for instance, found that the NYPD violated
state and federal contracting rules between 2006 and
2008 by buying more than $4 million in equipment
through a no-bid process. NYPD said public bidding
would have revealed sensitive information to
terrorists, but police never got approval from state or
federal officials to adopt their own rules, the
inspector general said.
On Capitol Hill, where FBI tactics have frequently been
criticized for their effect on civil liberties, the
NYPD faces no such opposition.
In 2007, Sanchez testified before the Senate Homeland
Security Committee and was asked how the NYPD spots
signs of radicalization. He said the key was viewing
innocuous activity, including behavior that might be
protected by the First Amendment, as a potential
precursor to terrorism.
That triggered no questions from the committee, which
Sanchez said had been "briefed in the past on how we do
business."
The Justice Department has the authority to investigate
civil rights violations. It issued detailed rules in
2003 against racial profiling, including prohibiting
agencies from considering race when making traffic
stops or assigning patrols.
But those rules apply only to the federal government
and contain a murky exemption for terrorism
investigations. The Justice Department has not
investigated a police department for civil rights
violations during a national security investigation.
"One of the hallmarks of the intelligence division over
the last 10 years is that, not only has it gotten
extremely aggressive and sophisticated, but it's
operating completely on its own," said Dunn, the civil
liberties lawyer. "There are no checks. There is no
oversight."
Exemplary policing?
The NYPD has been mentioned as a model for policing in
the post-9/11 era. But it's a model that seems
custom-made for New York. No other city has the Big
Apple's combination of a low crime rate, a $4.5 billion
police budget and a diverse 34,000-person police force.
Certainly no other police department has such deep CIA
ties.
Perhaps most important, nobody else had 9/11 the way
New York did. No other city lost nearly 3,000 people in
a single morning. A decade later, police say New
Yorkers still expect the department to do whatever it
can to prevent another attack. The NYPD has embraced
that expectation.
As Sanchez testified on Capitol Hill: "We've been given
the public tolerance and the luxury to be very
aggressive on this topic."
Associated Press writers Tom Hays and Eileen
Sullivan in Washington contributed to this report.