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PART 2:
"It's not a question of profiling. It's a question of going where the problem could arise," said Mordecai Dzikansky, a retired NYPD intelligence officer who said he was aware of the Demographic Unit. "And thank God we have the capability. We have the language capability and the ethnic officers. That's our hidden weapon."
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.
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.
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."
"It's not profiling," Cutter said. "It's like, after a shooting, do you go 20 blocks away and interview guys or do you go to the neighborhood where it happened?"
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.
Undercover agents like the rakers were valuable, but what Cohen and Sanchez wanted most were informants.
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.
To identify possible informants, the department created what became known as the "debriefing program." When someone is arrested who might be useful to the intelligence unit — whether because he said something suspicious or because he is simply a young Middle Eastern man — he is singled out for extra questioning. Intelligence officials don't care about the underlying charges; they want to know more about his community and, ideally, they want to put him to work.
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.
In June 2009, a New Brunswick, N.J., building superintendent opened the door to apartment No. 1076 and discovered an alarming scene: terrorist literature strewn about the table and computer and surveillance equipment set up in the next room.
The panicked superintendent dialed 911, sending police and the FBI rushing to the building near Rutgers University. 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.
The NYPD 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.
That aggressiveness has sometimes put the NYPD at odds with local police departments and, more frequently, with the FBI. The FBI didn't like the rules Cohen played by and said his operations encroached on its responsibilities.
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.
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