Viele Jahre lang arbeitet Manfred K. als Informatiker bei der Nato – bieder, unauffällig, pflichtbewusst. Dann kommt heraus: Der 60-Jährige soll brisante Informationen gestohlen haben und auf geheimen Konten Millionen Euro bunkern. Ist er ein Spion?

Koblenz – An dem Dorf bei Kaiserslautern ist die Weltgeschichte bislang ohne Zwischenstopp vorbeigesaust. Es gibt wenig Sehenswürdigkeiten und noch weniger Persönlichkeiten, die irgendwie von Bedeutung gewesen wären. Man könnte sagen, in dem 900-Seelen-Nest ist die Welt noch in Ordnung, doch seit einigen Monaten stimmt auch das nicht mehr.

Damals, es war im Herbst 2012, kamen Bundesanwälte, Staatsschützer des Landeskriminalamts, Agenten des Militärischen Abschirmdiensts. Sie durchsuchten ein schnödes Einfamilienhaus nahe der Hauptstraße und sie taten es gründlich. Lösten die Tapeten von den Wänden, schleppten alle Möbel in den Garten, setzten ein Bodenradargerät ein. Sie sollten fündig werden.

Unter einer Fliese im Keller und hinter einer Fußleiste in der Küche entdeckten die Ermittler zwei USB-Sticks mit brisanten Geheiminformationen der Nato. Es ging um Einsatzplanungen, Luftlagebilder, um IP-Adressen und Passwörter für Programme, wie sie das Bündnis auch in Kampfeinsätzen verwendet. Ein Offizier nennt das Material “brisant”. Eine “Weitergabe hätte uns sicherlich sehr geschadet”.

Prozess wegen Landesverrats

Der Hausherr, Manfred K., der 34 Jahre lang als IT-Fachmann bei der Nato gearbeitet hatte, wurde daraufhin festgenommen. Von Mittwoch an muss sich der Wirtschaftsinformatiker wegen “landesverräterischer Ausspähung” vor dem Oberlandesgericht Koblenz verantworten, ihm drohen bis zu zehn Jahre Haft.

Dabei ist noch vollkommen unklar, wozu K. die Informationen hortete und ob er bereits in der Vergangenheit Daten an ausländische Nachrichtendienste verkauft hat. Immerhin verfügte der 60-Jährige, der zuletzt auf dem US-Militärflughafen Ramstein arbeitete und monatlich mehr als 7000 Euro netto verdiente, über ein Vermögen von 6,5 Millionen Euro. Das Geld hatte er bei Fondsgesellschaften in Luxemburg und Großbritannien angelegt. Teilweise soll er auch hohe Beträge in bar eingezahlt haben.

Die entscheidenden Fragen sind daher: Woher stammen die Millionen? Sparten die Eheleute K., die in sehr bescheidenen Verhältnissen lebten, bloß eisern? Ließ sich K., zuständig für die Beschaffung von Computer und Software, vielleicht von Unternehmen schmieren? Oder verkaufte er doch ausländischen Agenten brisante Nato-Papiere? Weder die Bundesanwaltschaft noch die Verteidigerin von Manfred K. wollten sich dazu auf Anfrage äußern.

Bilder aus Panama

Unstrittig ist hingegen, dass K. und seine Frau Deutschland zumindest vorübergehend den Rücken kehren wollten. So bemühte sich der IT-Experte seit Längerem intensiv darum, Aufenthaltsgenehmigungen für Panama zu bekommen, wozu Einkommensnachweise nötig waren. Auch fanden die Ermittler auf diversen Sticks zahlreiche Bilder aus Mittelamerika. Wollte Manfred K. flüchten?

Gegen eine nachrichtendienstliche Tätigkeit des Angeklagten scheint jedoch die Art seines Vorgehens zu sprechen. Nach SPIEGEL-ONLINE-Informationen gelang es ihm im März 2012, die teilweise als geheim eingestuften Unterlagen an einem internen Sicherheitscheck vorbei auf seinen Dienstcomputer zu laden. Von dort aus sandte K. sie wohl über seinen Nato-Account an seine private GMX-Adresse und speicherte sie anschließend auf verschiedenen Medien. Besonders konspirativ war das nicht.

Die beiden Agenten des russischen Auslandsgeheimdienstes SWR, die kürzlich vom Oberlandesgericht Stuttgart zu mehrjährigen Haftstrafen verurteilt worden waren, gingen anders vor. Sie ließen sich von einem Mitarbeiter des Den Haager Außenministeriums Hunderte vertrauliche Dokumente liefern. Die Übergabe der Papiere erfolgte zumeist in den Niederlanden, danach deponierte der Agent die Akten in “toten Briefkästen” im Raum Bonn, wo sie anschließend von Mitarbeitern der russischen Botschaft abgeholt wurden.

Und noch etwas erscheint seltsam im Fall Manfred K.: 2010 ließ der Nato-Mitarbeiter über längere Zeit eine große Nähe zur NPD erkennen. Er besuchte öffentliche Veranstaltungen der Partei und spendete ihr 3000 Euro. Angeblich wollte er auf diese Weise einen Verlust seiner Zugangsberechtigung zu Geheiminformationen und damit seine Frühpensionierung provozieren. Doch falls das wirklich sein Plan war, ging der nicht auf. Es dauerte noch geraume Zeit, bis K. dem Verfassungsschutz und der Nato-Spionageabwehr auffiel. Die Militärs wandten sich schließlich an die Bundesanwaltschaft.

Als Beamte ihn Anfang August 2012 in seinem Heimatdorf festnahmen, war Manfred K. bereits seit einer Woche Rentner.

16. Juli 2013, 14:28 Uhr
Von Jörg Diehl

Find this story at 16 July 2013

© SPIEGEL ONLINE 2013

Eine Notfallübung der US-Streitkräfte in Afghanistan: Die gestohlenen Ramstein-Dossiers offenbar die geheime Taktik der Nato-Einsatzkräfte in Krisenfällen
Fataler Spähangriff auf das Militärbündnis: Ein Deutscher soll die GEHEIMSTEN KRISENPLÄNE gestohlen und verkauft haben
Ein kleiner Ort in der Pfalz, gerade mal 900 Einwohner. Gepflegte Gemüsebeete, an den Obstbäumen blinken die letzten Äpfel des Jahres. Ab und zu rumpeln Bauern mit ihren Traktoren über die Dorfstraße von Börrstadt, 25 Kilometer östlich von Kaiserslautern. Auf einem vergilbten Plakat, mit Reißnägeln an der dicken Linde befestigt, bittet die Landjugend zum Tanz.

In dem schmucklosen Einfamilienhaus in der Hintergasse ist niemand willkommen. „Ich sage nichts“, ruft Rosemarie K. mit viel Zorn in der Stimme und lässt sofort die Rollläden herunter.

Die Nachbarschaft bewegt sich jetzt hinter Gardinen, viele hören wohl zu. Und fragen sich wie schon seit mehreren Wochen: Wo ist bloß der Ehemann von Rosemarie K.? Was mag passiert sein?

Es ist ein realer Krimi, passiert direkt vor der Tür. Und niemand hat es bemerkt: Das spitzgiebelige Haus stand wochenlang unter heimlicher Beobachtung – auch Telefon, E-Mail und Faxgerät wurden überwacht.

Anfang August dann, keiner hat es so früh am Morgen gesehen, holten Staatsschützer des Landeskriminalamts (LKA) Rheinland-Pfalz den Hauseigentümer Manfred K. ab. Seitdem sitzt der 60-Jährige auf Anordnung des Ermittlungsrichters am Bundesgerichtshof in Untersuchungshaft.

Die Karlsruher Bundesanwaltschaft und das LKA in Mainz ermitteln in einem harten Polit- und Spionagethriller:

Manfred K. soll jahrelang auf dem 1400 Hektar großen US-Militärflughafen Ramstein die geheimsten Programme und Codeschlüssel für weltweite Luftlandeoperationen der US-Streitkräfte gestohlen haben.

Die Fahnder haben klare Hinweise darauf, dass Manfred K. die brisante Ware bereits verkauft hat – womöglich sogar an Feinde und potenzielle Kriegsgegner der USA.

Ein Beleg für dieses Geschäft könnten die circa 6,5 Millionen Euro sein, die Fahnder des Mainzer LKA auf Tarnkonten von Manfred K. in Luxemburg und in London entdeckten.

Die Affäre, die nahezu unbemerkt in der Pfalz begann, hat längst das Pentagon in Washington erreicht. Angespannt verfolgt das US-Verteidigungsministerium die Ermittlungen in Deutschland. Das Allied Command Counterintelligence (ACCI), die Spionageabwehr der Nato, muss über seine Büros in Heidelberg und Ramstein permanent Bericht erstatten.

Ramstein Air Base, auf dem 35 000 Soldaten und 6000 Nato-Zivilisten wie Manfred K. arbeiten, ist immerhin der größte Luftwaffenstützpunkt außerhalb der USA. Auch die Nato-Kommandobehörde zur Führung von Luftstreitkräften ist hier untergebracht.

Über zwei Start- und Landebahnen wickeln die USA Truppen-, Fracht- und Evakuierungsflüge ab. Verletzte GIs landen hier und werden anschließend in Landstuhl behandelt. Kampfbrigaden der 101. oder der 82. Luftlandedivision sowie Spezialeinheiten wie Rangers, Delta Force oder Navy Seals fliegen von der Pfalz aus in den Einsatz. Bis 2005 lagerten in Ramsteins Bunkern 130 Atomwaffen.
Der militärische Schaden, verursacht durch den mutmaßlichen Verräter Manfred K., ist offenbar gigantisch. „Die weltweite Eventualplanung für Krisen- und Kriegseinsätze müsste komplett neu gemacht werden, weil der potenzielle Gegner alles weiß. Das bedeutet jahrelange Generalstabsarbeit“, sagt Erich Schmidt-Eenboom, einst Sicherheitsoffizier der Heeresflugabwehr 1 in Hannover und heute Autor von Geheimdienst-Büchern.
FOCUS Magazin | Nr. 44 (2012)
Verrat bei der Nato – Seite 2
dpa
Fallschirmspringer der US-Armee verlassen in Ramstein ein Transportflugzeug
Ob und an wen Manfred K. die Militärdaten aus Ramstein für die bislang entdeckten Millionen verscherbelt hat, ist derzeit noch ungeklärt. Der Spezialist für Informationstechnik und Telekommunikation, den Kollegen und Nachbarn als kontaktscheuen Eigenbrötler beschreiben, macht kaum Angaben zur Sache. Die verdächtigen Millionen will er bei Bankgeschäften verdient haben.

Die LKA-Leute fanden heraus, dass K., seit 1991 in Ramstein beschäftigt, die auf mehrere Sticks überspielten Geheimdaten ausgedruckt haben muss. Papier fand sich indes nicht mehr – hat also jemand dafür in harter Währung bezahlt?

„Russlands Militärgeheimdienst GRU würde für solches Material zehn Millionen Dollar auf den Tisch legen – ohne auch nur mit der Wimper zu zucken“, behauptet ein Spionageabwehr-Experte des Bundeskriminalamts im Gespräch mit FOCUS.

Die Ermittlungen gegen Manfred K., der als Nato-Mitarbeiter im Monat mehr als 6000 Euro netto verdiente und morgens mit seinem koreanischen Kleinwagen nach Ramstein fuhr, orientieren sich derzeit an Paragraf 96 des Strafgesetzbuches. Die „landesverräterische Ausspähung“ von Staatsgeheimnissen wird demnach mit Gefängnis bis zu zehn Jahren bestraft.

Sollte jedoch ein klarer Kontakt zu einem ausländischen Geheimdienst nachgewiesen werden, könnte die Strafe härter ausfallen. So erging es in den 80er-Jahren einem Mitarbeiter der 8. US-Luftlandedivision in Mainz, der geheime Unterlagen an die Russen verkauft hatte. Der Mann wurde zu 15 Jahren Gefängnis verurteilt.

Die Ermittler haben in diesen Tagen ziemlich viel Spaß daran, dass sich der mutmaßliche Datenräuber Manfred K. letztlich selbst ans Messer geliefert hat. Der Delinquent wollte schlauer als alle Sicherheitsbehörden sein – und fiel damit voll auf die Nase.

„60 Jahre“, sagte der stets gepflegte 1,75 Meter große Mann zu einem Nachbarn, „sind doch kein Alter.“ K. und seine Frau, obwohl schwer zuckerkrank, schwärmten davon, nach Mittelamerika auszuwandern. Seinen vorzeitigen Ruhestand wollte K. mit einem Trick erzwingen.

Schritt eins: K. spendete eine größere Geldsumme an die vom Verfassungsschutz beobachtete – aber nicht verbotene – NPD.

Schritt zwei: K. schrieb anonym an das Kölner Bundesamt für Verfassungsschutz und teilte als angeblich treuer Staatsbürger mit, dass ein gewisser Herr Manfred K. aus 67725 Börrstadt/Pfalz, Datenspezialist auf dem US-Fliegerhorst Ramstein und befugt zum Umgang mit Geheimpapieren, ein Unterstützer der rechtsradikalen NPD sei. Schritt drei – wie K. hoffte: Das Bundesamt für Verfassungsschutz wird dem Nato-Mitarbeiter K. keinen weiteren Zugang zu Dossiers gestatten.

Schritt vier – wie K. glaubte: Die Nato wird K. mit guten Bezügen in den vorzeitigen Ruhestand schicken. Und tschüss!
So kam es aber nicht. Die Kölner Behörde ließ K. pro forma den Sicherheitscheck bestehen und verständigte parallel die Kollegen vom Nato-Abwehrdienst ACCI.
FOCUS Magazin | Nr. 44 (2012)
Verrat bei der Nato – Seite 3
dpa
Drehscheibe Ramstein: Die gestohlenen Dossiers liefern Informationen über die Logistik der Nato
Jetzt begann die konzertierte Aktion gegen den vermeintlichen Maulwurf. Spezialisten der US-Streitkräfte stellten mit Entsetzen fest, dass Manfred K. wohl seit Jahren auf sensibelste Daten zugreifen konnte. Das Mainzer LKA, mittlerweile von der Bundesanwaltschaft eingeschaltet, fand bei seinen verdeckten Ermittlungen heraus: K. hatte offenbar einen über Funk gesteuerten und von außen nicht zu knackenden Datentunnel geschaffen. Mit ihm konnte er die illegal abgezweigten Infos direkt von seinem Büro in Ramstein auf den Heimcomputer in Börrstadt überspielen.

Nach Feierabend war´s dann wohl ein Kinderspiel: K. soll die erbeuteten Daten auf USB-Sticks gespeichert haben.

Die zeitgleiche Überwachung des Informatikers brachte keine Erkenntnisse. Das Ehepaar lebt völlig isoliert in Börrstadt. Niemand rief an. Niemand kam ins Haus, keine Freunde, keine Verwandten. Gelegentlich telefonierte K. mit seinem 88-jährigen Schwiegervater, der ganz in der Nähe einen Bauernhof besitzt und gegenüber FOCUS beteuerte: „Der Manfred ist ein lieber, ehrlicher und fleißiger Mensch. Bei Reparaturen auf dem Hof hat er mir stets geholfen. Der spioniert doch nicht, nie und nimmer.“

Kurz nach K.´s Verhaftung setzte eine penible Hausdurchsuchung ein. Beschlagnahmte Unterlagen, zum Teil verschlüsselt, lieferten Hinweise auf die versteckten Millionenkonten.

Die allerbesten Beweise waren raffiniert versteckt. Einen USB-Stick entdeckten die Fahnder in einem Einweckglas mit Kompott, ein anderer lag unter gut duftenden Lavendelblättern. Als die Beamten damit drohten, bei der Suche nach weiteren Beweisen den Fußboden aufzustemmen und die recht neue Küche auseinanderzunehmen, soll die Pfälzer Hausfrau Rosemarie K. schnell nachgegeben haben: Somit fanden die Ermittler schließlich zwei weitere Sticks mit zunächst seltsamen Inhalten.

Bei der ersten Überprüfung der Datenspeicher stießen die LKA-Ermittler auf Bilder aus Panama, auf Fotos von Schiffen und auf lustige Seemannslieder. Manfred K. hatte sofort eine Erklärung dafür: Er wolle womöglich mit seiner Frau nach Panama auswandern, und die Seefahrt mitsamt ihren Liedern, die habe ihn schon immer fasziniert.

Die anderen Daten konnte der Untersuchungshäftling überhaupt nicht erklären: Im Umfeld der gespeicherten Reise- und Seemannsfolklore waren, handwerklich sehr geschickt, geheime Daten von der Ramstein Air Base versteckt. Ein Volltreffer für das LKA.

So viel Raffinesse hatten die meisten Fahnder noch nie erlebt. Deshalb baten sie um eine ungewöhnliche Amtshilfe: Der Militärische Abschirmdienst (MAD), der Geheimdienst der Bundeswehr, wurde um die Bereitstellung eines Bodenradars gebeten. Mit diesem High-Tech-Gerät können die besten Verstecke im Boden aufgespürt werden.

Zunächst wieherte der Amtsschimmel. Der MAD zierte sich, da er das gesetzlich geregelte Trennungsgebot bei der Kooperation von Nachrichtendienst und Polizei verletzt sah. Schließlich kam das grüne Licht – und Rosemarie K. wurde wirklich wütend.

Vor dem Einsatz des Bodenradars räumte ein Trupp der Polizei das gesamte Haus aus – alles landete im Garten, mit einer großen Plane tagelang vor Wind und Wetter geschützt. Doch der Aufwand sollte sich lohnen. Zwei weitere Sticks wurden entdeckt – und ein Gelddepot mit ein paar tausend Euro unter der Badewanne.

Ein Videoteam der Polizei dokumentierte die Zwangsräumung und die anschließende Handwerkerleistung: Alle Tapeten, zumeist noch mit Blümchenmuster aus den 50er-Jahren, mussten runter.
Rosemarie K. kennt da kein Pardon. Für das staatliche Stühlerücken verlangt sie jetzt Schadensersatz.

Montag, 29.10.2012, 00:00 · von FOCUS-Reporter Josef Hufelschulte und FOCUS-Redakteur Marco Wisniewski
AFP

Find this story at 29 October 2012

© FOCUS Online 1996-2013

“Only a re-awakening can guarantee the future. Political process devoid of fundamental values will never end the agony or the fear for the State of Israel.”

FREED PRISONER Atiya Salem Moussa returns to a hero’s welcome in the Gaza Strip on Tuesday. Photo: REUTERS

When tragedy strikes anywhere in the world, the State of Israel is always among the first to offer help, sending experienced rescue teams, portable hospitals and world-class medical experts to the scene. Israel is a world leader in medical research, farming technology, and military innovation. The country that made the desert bloom is the undisputed champion of hi-tech innovation, all of which it generously shares with the world.

Unfortunately, when it comes to morale, the State of Israel has the distinction of holding a number of world records which no other country would want.
Related:

US Jewish leaders, Kerry discuss Pollard

Peace talks resume against backdrop of prisoner release

Over the last six decades, Israel’s leaders and its judiciary have practiced the art of political expedience to such a degree that Israel is now the first and only country in the world to hold the following dubious “honors”:

• Israel is the only country in the world ever to voluntarily expel its own citizens from chunks of its homeland in order to hand over the land to its enemies.

• It is the only country in the world ever to voluntarily destroy the homes and businesses of its own citizens, leaving them with shattered lives and broken promises.

• Israel is the only country in the world ever to voluntarily dig up and transport the graves of its dead so that the land could be turned over to its enemies.

The State of Israel also holds unenviable world records for betraying those who serve the state, including the following:

• Israel is the only country in the world to restrain its military from rescuing a wounded soldier, for fear of provoking the enemy and risking its approval ratings with the world. The soldier, injured by enemy gunfire at a Jewish holy site, slowly bled to death needlessly while the IDF stood by and watched.

• Israel also remains the only country in the world ever to voluntarily cooperate in the prosecution of its own intelligence agent, refusing him sanctuary, turning over the documents to incriminate him, denying that the state knew him, and then allowing him to rot in a foreign prison for decades on end, cravenly forgoing its right to simple justice for the nation and for the agent.

• Additionally, Israel is still the only country in the world ever to violate its own system of justice by repeatedly releasing dangerous, unrepentant murderers and terrorists back into the civilian population with impunity. No other country in the world has ever done this!

In summary, Israel has the dubious distinction of being the only country in the world so befuddled by moral ambiguity that it is willing to dishonor its dead, betray its bereaved, and disgrace its citizens for the sake of political expediency.

Earlier this week, the State of Israel began the staged release of some of the worst murderers and terrorists the world has ever seen. Twenty-six out of the 104 murderers scheduled for release went free on Tuesday. Many are serving multiple life sentences for their heinous crimes and their many victims.

The blood of their victims cries out from the grave at this affront to human decency. Their cries go unheard.

The bereaved families of the victims beg and plead not to free the savage murderers of their loved ones. Their entreaties are ignored.

All the polls indicate that the overwhelming majority of Israeli citizens are opposed to the release of the murderers. It is a strange kind of democracy that pays no heed whatsoever to the will of the people.

No Israeli official has advanced a single compelling reason in support of the wholesale release of these murderers and terrorists. The claim that it “serves national interests” is spurious. There is no national interest that supersedes morality.

The second-most touted excuse is that the government of Israel was given three existentially threatening choices by its best ally, and the least damaging choice of the three was the release of murderers and terrorists.

Did anyone at the helm ever consider that given three life-threatening choices, the only response is: “No, no and no!”?

Overriding all objections, the government of the State of Israel is bound and determined to release the murderers, whose victims are not all dead. Some have been maimed, crippled and disfigured for life. Others show no external scars but have had parents, children and loved ones amputated from their lives. No one sees the broken hearts that will never stop bleeding for their loss.

Authentic Jewish tradition teaches in great detail how to relate to the dead with honor and reverence. The dead are not only keepers of the past; they are our teachers, our moral guides and our inspiration for the future. A country with no respect for the dead has no respect for the living.

A sovereign state which is capable of dishonoring its dead by freeing their murderers and tormenting their bereaved loved ones has, in essence, discarded all of the moral underpinnings of its own existence.

Nor should it come as any surprise – as any student of history knows – that no country can survive without a clearly defined moral infrastructure.

The Land of Israel is eternal and the State of Israel has temporal stewardship over the land. The corrosive moral ambiguity that has brought us to this dreadful day is relentlessly eating away at the legitimacy of the state’s continued role as legal guardian of the land. The prognosis is dire.

Only a reawakening of national resolve and a rebirth of ethical politics rooted in national self-respect, moral rectitude and courage of conviction can guarantee the future. No political process devoid of these fundamental values will ever end the agony or the fear for the State of Israel.

It is clearly time for an historic restoration.

Jonathan Pollard is completing his 28th year of an unprecedented life sentence in an American prison for his activities on behalf of Israel.

By JONATHAN POLLARD
LAST UPDATED: 08/16/2013 08:03

Find this story at 16 August 2013

© The Jerusalem Post 1995 – 2012

De Amerikaanse voormalig spion Jonathan Pollard zit een levenslange gevangenisstraf uit. Als werknemer bij de VS Marine Inlichtingendienst stal hij honderdduizenden geheime documenten en verkocht die aan Israël. De man die hem ontmaskerde, schreef er een boek over.

Bradley Manning wordt verdacht van het lekken van geheime documenten van de Amerikaanse overheid. Deze documenten werden openbaar gemaakt voor Wikileaks. Nog voordat Manning een eerlijk proces heeft gekregen, zit hij al een ruim een jaar in eenzame opsluiting.

De omvang en gevoeligheid van de Wikileaks-documenten vallen echter in het niet in vergelijking met het aantal geheime stukken dat Jonathan Pollard begin jaren ’80 aan de Israëliërs heeft overhandigd. Pollard werkte voor de Naval Intelligence Service. Van juni 1984 tot zijn aanhouding in november 1985 wandelde hij bijna dagelijks het gebouw van de Naval Intelligence Command uit met een tas vol top secret documenten.

De Amerikaanse overheid schat dat hij ruim een miljoen stukken aan de Israëliërs heeft overhandigd. Een van de stukken was het tiendelige boekwerk Radio-Signal Notations (RASIN), een gedetailleerde beschrijving van het netwerk van de wereldwijde elektronische observatie door de Amerikanen.

Pollard onderzocht

Capturing Jonathan Pollard werd in 2006 door de Naval Institue Press gepubliceerd. Het boek is van de hand van Ronald Olive, destijds werkzaam voor de Naval Criminal Investigative Service (NCIS). Als medewerker van de NCIS kreeg Olive in 1985 de taak om te onderzoeken of Pollard geheime stukken lekte.

Het onderzoek volgde op een tip van een medewerker van de Anti-Terrorism Alert Center (ATAC) van de NIS, de afdeling waar Pollard werkte. Deze man zag Pollard het gebouw uitlopen met een stapel papier. De stapel was verpakt in bruin inpakpapier en tape met de code TS/SCI, Top Secret/Sentive Compartmented Information. TS/SCI is een nog zwaardere kwalificatie als top secret.

Pollard stapte met de stukken bij zijn vrouw Ann in de auto. Nog even dacht zijn collega dat Pollard naar een andere inlichtingendienst, zoals de DIA (Defense Intelligence Service) zou rijden om daar de documenten af te geven. Dit leek onwaarschijnlijk omdat Pollard eerder tegen hem had gezegd dat hij verkeerde documenten had besteld bij het ‘archief’ en dat hij deze nu moest terugbrengen en vernietigen. Pollard en Ann reden echter een geheel andere kant op.

Olive beschrijft vervolgens de ontmaskering van Jonathan en Ann. In Pollards werkruimte wordt een camera opgehangen die registreert hoe de spion een aktetas vol TS/SCI documenten propt en het gebouw verlaat. Pollard en zijn vrouw ruiken onraad en proberen de sporen van spionage te wissen. Ann moet een koffer vol super geheime documenten, die in hun huis liggen, vernietigen. Zij raakt in paniek en de koffer belandt bij de buren.

Gevoelige snaar

Het boek van Ronald Olive is nog even actueel als het eerste boek dat over deze spionagezaak is verschenen in 1989, Territory of Lies: The American Who Spied on His Country for Israel and How He Was Betrayed.

Begin dit jaar wordt een petitie, ondertekend door meer dan 10.000 Israëliërs, aan de Israëlische president Shimon Peres gezonden. Hierin roepen politici, kunstenaars en andere bekende en onbekende Israëliërs de president op om Pollard vrij te krijgen. Op 1 september 2010 berichtte de LA Times zelfs dat de vrijlating van Pollard de bevriezing van de bouw van Israëlische nederzettingen in de bezette gebieden zou verlengen.

Pollard raakt kennelijk een gevoelige snaar, zowel in Israël als in de Verenigde Staten. Schrijver Olive op zijn beurt bevindt zich in een gezelschap van allerlei mensen die er voor ijveren om de spion zijn gehele leven achter slot en grendel te houden, hoewel levenslang in de Verenigde Staten niet echt levenslang hoeft te zijn. Bij goed gedrag kunnen gevangenen na dertig jaar vrijkomen.

In 1987 werd Pollard veroordeeld tot levenslang na een schuldbekentenis en toezegging dat hij de Amerikaanse overheid zou helpen bij het in kaart brengen van de schade die hij door zijn spionage-activiteiten had veroorzaakt. Die schade werd door de toenmalige minister van Defensie Casper Weinberger vastgelegd in een memorandum van 46 pagina’s, welke nog steeds niet openbaar is gemaakt. Pollard’s vrouw kreeg vijf jaar gevangenisstraf voor het in bezit hebben van staatsgeheime documenten.

Capturing Jonathan Pollard is geen spannend fictie / non-fictie boek met een twist, zoals Spywars van Bagley. Olive beschrijft droog het leven van de spion vanaf het moment dat hij bij de CIA solliciteert, tot aan de dag van zijn veroordeling. Natuurlijk is de schrijver begaan met de geheimhouding van Amerikaanse strategische informatie en verbaast het niet dat hij bij het verschijnen van het boek in 2006 een pleidooi hield om Pollard niet vrij te laten.

Niet kieskeurig

Hoewel de volle omvang van het lekken van Pollard niet duidelijk wordt beschreven, blijkt dat Pollard niet bepaald kieskeurig was. De Israëliërs hadden hem lijsten meegegeven van wat zij graag wilden hebben, vooral informatie over het Midden-Oosten, maar ook over de Russen en operaties van de Amerikanen in het Middellandse Zee gebied.

Zodra Pollard echter stukken langs ziet komen die ook voor andere landen interessant zouden kunnen zijn, probeert hij ook daar te winkelen. Zo poogt hij geheime documenten aan de Chinezen, Australiërs, Pakistani en de Zuid-Afrikanen, maar ook aan buitenlandse correspondenten te slijten.

Het gegeven dat landen elkaars strategische informatie en geheimen proberen te stelen, is niet nieuw. Het bestaan van contra-spionage afdelingen toont aan dat geheime diensten daar zelf ook rekening mee houden. De Australiërs dachten dan ook dat Pollard onderdeel uitmaakte van een CIA-operatie. Hoewel ze dat eigenlijk niet konden geloven, vermeed hun medewerker Pollard en werd de zaak niet gemeld bij Amerikaanse instanties.

Als onderdeel van thrillers en spannende lectuur zijn de spionage praktijken van Pollard, zoals Olive die beschrijft, niet bijster interessant, want het leidt af van waar het werkelijk om draait. Daarentegen is het boek van grote waarde waar het gaat om de beschrijving van de persoon Pollard, de wijze waarop hij kon spioneren, zijn werkomgeving, de blunders die worden gemaakt – niet alleen het aannemen en overplaatsen van Pollard, maar ook de wijze waarop geheimen zo eenvoudig kunnen worden gelekt – eigenlijk de totale bureaucratie die de wereld van inlichtingendiensten in zijn greep heeft.

Hoewel deze persoonlijke en bureaucratische gegevens niet breed worden uitgemeten – Olive is zelf een voormalig inlichtingenman – verschaft het boek een veelheid aan informatie daarover. De schrijver lijkt die persoonlijke details specifiek aan Pollard te koppelen, alsof het niet voor andere medewerkers zou gelden.

Opschepper

Dit gaat ook op ook voor de gemaakte fouten van de bureaucratie rond de carrière van de spion. Zo lijkt Pollard van jongs af aan een voorliefde te hebben gehad om spion te worden, of in ieder geval iets geheims te willen doen in zijn leven. Tijdens zijn studie schept hij erover op dat hij voor de Mossad zou werken en had gediend in het Israëlische leger. Zijn vader zou ook voor de CIA werkzaam zijn.

Aan deze opschepperij verbindt Olive een psychologisch element. Het zou een soort compensatie zijn voor de slechte jeugd van Pollard die vaak zou zijn gepest. Ook zijn vrouw zou niet bij hem passen omdat die te aantrekkelijk is. Pollard moet dat compenseren door stoer te doen. Later, toen hij voor een inlichtingendienst werkte, voelde hij zich opnieuw het buitenbeentje. Zijn carrière verliep alles behalve vlekkeloos, regelmatig werd hij op een zijspoor gezet.

Olive schetst een beeld van een verwend kind, dat niet op juiste waarde werd ingeschat en stoer wilde doen. Was Pollard echter zoveel anders dan zijn voormalige collega analisten of medewerkers van de inlichtingendienst? Werken voor een inlichtingendienst vereist een zekere mate van voyeurisme, een gespleten persoonlijkheid. Buiten je werk om kun je niet vrijelijk praten over datgene waar je mee bezig bent.

Dat doet wat met je psyche, maar trekt ook een bepaald soort mensen aan. Het werk betreft namelijk niet het oplossen van misdrijven, maar het kijken in het hoofd van mogelijke verdachten. Het BVD-dossier van oud-provo Roel van Duin laat zien dat een dienst totaal kan ontsporen door zijn eigen manier van denken. Dat komt echter niet voort uit de dienst als abstracte bureaucratie, maar door toedoen van de mensen die er werken.

Roekeloos

Pollard gedroeg zich arrogant en opschepperig, misschien wel om zijn eigen onzekerheid te maskeren. Dergelijk gedrag wordt door de schrijver verbonden aan zijn spionage-activiteiten voor de Israëliërs. Pollard was echter niet getraind in het lekken van documenten en ging verre van zorgvuldig te werk. Hij deed het zo openlijk dat het verbazingwekkend is dat het zo lang duurde voordat hij tegen de lamp liep. Hij zei bijvoorbeeld tegen de Israëliërs dat zij alleen de TS/SCI documenten moesten kopiëren en dat ze de rest mochten houden.

In de loop van de anderhalf jaar dat hij documenten naar buiten smokkelde, werd hij steeds roekelozer. Dat hij gespot werd met een pak papier onder zijn arm terwijl hij bij zijn vrouw in de auto stapte, was eerder toeval dan dat het het resultaat was van grondig speurwerk van de NCIS.

Eenmaal binnenin het inlichtingenbedrijf zijn de mogelijkheden om te lekken onuitputtelijk. Als Pollard wel getraind was geweest en zorgvuldiger te werk was gegaan, dan had hij zijn praktijk eindeloos kunnen voorzetten. Welke andere ‘agenten’ doen dat wellicht nog steeds? Of welke andere medewerkers waren minder roekeloos en tevreden geweest met het lekken van enkele documenten?

Die medewerkers vormen gezamenlijk het systeem van de dienst. Pollard schepte graag op, maar de schrijver van Spy Wars, Bagley, klopte zich ook graag op de borst en, hoewel in mindere mate, Ronald Olive ook. Iets dat eigenlijk vreemd is, als het aantal blunders in ogenschouw wordt genomen nadat Pollard ontdekt was. Alleen omdat de Israëliërs Pollard de toegang tot de diplomatieke vestiging ontzegden, zorgde ervoor dat hij alsnog gearresteerd en levenslang kreeg in de VS. Hij was echter bijna ontsnapt.

Blunders

Het is daarom niet gek dat inlichtingendiensten een gebrek aan bescheidenheid vertonen. Vele aanslagen zijn voorkomen, wordt vaak beweerd, maar helaas kunnen de diensten geen details geven. Het klinkt als Pollard, op bezoek bij Olive, die breed uitmeet dat hij die en die kent op de Zuid-Afrikaanse ambassade en of hij die moet werven als spion. Olive was werkzaam voor de NCIS. Pollard bezocht hem voordat hij werd ontmaskerd. Zijn eigen gebrek aan actie in relatie tot de twijfels over Pollard toont aan dat geen enkel bureaucratisch systeem perfect is, ook niet dat van inlichtingendiensten.

Het is niet verbazingwekkend dat de carrière van Pollard bezaaid is met blunders. Hij werd dan wel afgewezen door de CIA, maar waagde vervolgens een gokje bij een andere dienst en had geluk. Hij werd bij de NIS aangenomen en kroop zo langzaamaan in de organisatie. De fouten die bij het aannamebeleid en bij de evaluaties van Pollard zijn gemaakt, worden door Olive gepresenteerd als op zichzelf staand, maar de hoeveelheid blunders en gebrekkige administratie lijken zo talrijk dat het geen toevalstreffers zijn.

Bij elke promotie of overplaatsing lijkt slechts een deel van zijn persoonsdossier hem te volgen. De NIS wist vanaf het begin niet dat Pollard eerder door de CIA werd afgewezen. Als zijn toegang tot geheime documenten wordt ingetrokken, wacht Pollard net zo lang tot bepaalde medewerkers zijn overgeplaatst of vertrokken. Hij wordt dan wel afgeschilderd als een verwend kind dat met geheimen speelt, regelmatig moet Olive echter toegeven dat Pollard een briljant analist is. Pas in de laatste maanden van zijn spionage-activiteiten, lijdt zijn werk onder de operatie om zoveel mogelijk documenten naar buiten te smokkelen.

Waarom Pollard de Amerikaanse overheid schade toebracht, wijdt Olive vooral aan zijn joodse afkomst. Niet dat de schrijver alle joodse Amerikanen verdenkt, maar een belangrijke reden voor het fanatiek lekken wordt verklaard aan de hand van Pollard’s wens om naar Israël te emigreren. Olive gaat echter voorbij aan het geld dat de spion aan zijn activiteiten verdiende. Aanvankelijk 1.500 dollar per maand, na een paar maanden 2.500 en twee volledig verzorgde reizen met zijn vrouw naar Europa en Israël en tot slot een Zwitserse bankrekening met jaarlijks een bonus van 30.000 dollar.

Los van de Zwitserse rekening schat de Amerikaanse overheid dat Pollard rond de 50.000 dollar aan zijn spionagewerk heeft overgehouden. Eigenlijk niet eens veel in vergelijking met de één miljoen documenten die hij leverde. De onderhandelingen over het geld maken echter duidelijk dat Pollard wel degelijk geïnteresseerd was om zoveel mogelijk te verdienen. De prijs werd gedrukt omdat de Israëliërs niet erg toeschietelijk waren en Pollard ze sowieso wilde helpen.

Afkomst

Zijn joodse afkomst zat hem in de weg, want waarschijnlijk had hij alleen al voor het tiendelige boekwerk Radio-Signal Notations (RASIN) 50.000 dollar kunnen krijgen. Uiteindelijk blijkt Pollard een gewoon mens die de verlokking van het geld niet kon weerstaan. Andere agenten zijn hem voorgegaan en hebben zijn voorbeeld gevolgd.

Het nadeel van zijn afkomst blijkt ook uit het feit dat hij zijn Israëlische runner een ‘cadeautje’ gaf. Aviem Sella had mee gevochten in de zesdaagse Yom Kippur oorlog en was een van de piloten die de Iraakse kernreactor in Osirak bombardeerde. Pollard gaf hem destijds satellietbeelden van die aanval. Sella wordt nog steeds gezocht voor Verenigde Staten voor spionage.

De operatie werd door een andere veteraan, Rafi of Rafael Eitan, geleid. Onder diens leiding spoorde de Mossad Adolf Eichmann op. Eitan en Sella werden rijkelijk beloond voor hun werk met Pollard, maar moesten hun promoties inleveren omdat de Amerikanen eind jaren ’80 furieus reageerden. Na de arrestatie van Pollard beweerden de Israëliërs dat ze helemaal niet zoveel documenten hadden gekregen van de spion en de onderhandelingen over teruggave uiterst stroef waren verlopen.

Uiteindelijk werd maar een fractie van de documenten teruggegeven aan de Amerikanen. De Israëliërs waren vooral bezig om na zijn veroordeling Pollard vrij te krijgen. Premier Nethanyahu sprak vorig jaar de Knesset toe over het lot van Pollard, terwijl de Israëlische ambassadeur in de VS hem juli 2011 bezocht in de gevangenis.

Tot nu toe lijken de Amerikanen niet van zins om hem vrij te laten. Na de veroordeling van Pollard kwam de campagne Free Pollard op gang. Zijn vrouw verdween uit beeld. Niet alleen Israëliërs nemen deel aan de campagne, maar ook Alan Dershowitz, professor aan de Harvard Law School en andere academici. In het laatste hoofdstuk More sinned against than sinning beschrijft Olive enkele andere spionnen die documenten verkochten aan buitenlandse mogendheden.

Capturing Jonathan Pollard was nog niet gepubliceerd toen de stroom Wikileaks-documenten op gang kwam. Die documenten laten echter zien dat een waterdicht systeem niet bestaat en dat mensen voor geld of om andere redenen geheime stukken lekken. De Wikileaks-documenten onderstrepen dat er sinds de jaren ’80 weinig is veranderd. Met als enige verschil de hardvochtige wijze waarop verdachte Manning in deze zaak wordt behandeld en de gebrekkige aandacht die hij krijgt van professoren en andere betrokkenen bij de Wikileaks-documenten.

Capturing Jonathan Pollard: How One of the Most Notorious Spies in American History Was Brought to Justice. Auteur Ronald J. Olive. Uitgeverij US Naval Institute Press (2006).

Find this story at 19 June 2012

Most Americans think that the CIA works overseas while the FBI and local police protect them at home. But the agency has long worked domestically, and in the last decade it has become involved in counterterrorism operations with local police as well.

A recent report by the CIA’s inspector general shows that such cooperation can easily go wrong. Between 2002 and 2012 the CIA sent four agents to help the NYPD’s counterterrorism unit (which is led by a former agency official) without making sure that they knew the limits of what they could and couldn’t do. According to the inspector general, this type of “close and direct collaboration with any local domestic police department” could lead to the perception that the agency had “exceeded its authorities.”

Author

Faiza Patel is co-director of the Liberty and National Security Program at the Brennan Centre for Justice. She is also a member of the United Nations Human Rights Council’s Working Group on the Use of Mercenaries. Full Bio

But the problem goes far beyond one of perception. We should be concerned that CIA involvement with local police will influence them to adopt a counterinsurgency mentality that is simply not warranted on home turf. When deployed in Iraq or Afghanistan, the agency has to assume that it is working in a hostile environment. It’s operations are necessarily covert. It is not restrained by the full panoply of constitutional rules that apply at home.

One cannot help but wonder whether a CIA mentality helped shape the NYPD’s Muslim surveillance program. A Pulitzer Prize-winning investigation by the Associated Press has shown that police officers monitored every aspect of the lives of Muslim New Yorkers [since 9/11]. They secretly mapped out Muslim communities, noting the details of bookstores, barbershops and cafes. Informants in mosques reported on religious beliefs and political views that had nothing to do with terrorism. Muslim student groups across the Northeast were watched. All of this information, however innocuous or irrelevant to its purported counterterrorism purpose, landed in police files. It sure sounds like a program directed at a hostile population rather than a community with an exemplary record for cooperating with law enforcement.

One counterinsurgency lesson that the CIA apparently failed to teach the NYPD was how aggressive tactics could alienate local populations. The NYPD’s surveillance program has severely damaged the police’s relationship with the Muslim community, leading to protests and lawsuits. The CIA’s involvement can only make American Muslims feel that they are being targeted by the entire U.S. government. Such perceptions undermine everyone’s safety. Decades of policing research shows that communities that do not trust law enforcement are less likely to come forward and share information.

There is also good reason for the perception that the CIA exceeded its authorities during its NYPD partnership. When the CIA was created in 1947, lawmakers instructed it not to exercise “police, subpoena, or law enforcement powers or domestic security functions.” Congress’s aim to prevent Agency operations at home is plain, but the exact nature of forbidden “domestic security functions” is now defined in large part by secret rules.

What is known about the CIA’s authority is mostly contained in Executive Order 12333, first issued by President Ronald Reagan and updated by later presidents. This order allows the agency to perform some domestic functions, including assisting federal agencies and local police. For example, the CIA is allowed to “participate in law enforcement activities to investigate or prevent” international terrorism. This should mean that CIA agents are kept away from purely domestic investigations. But according to the inspector general’s report, a loaned CIA agent overseeing NYPD investigations “did not receive briefings on the law enforcement restrictions” and believed there were “no limitations” on his activities. Another CIA operative admitted receiving “unfiltered” reports containing information about U.S. citizens unrelated to international terrorism.

The rules governing the agency’s involvement in domestic matters are very flexible, but the few safeguards that are in place should be taken seriously. The inspector general’s report showed that these standards were not met, but shied away from calling out illegality and from holding anyone responsible. Indeed, the inspector general did not even believe a full investigation was warranted. Congress might want to ask why.

Nor did the inspector general address the risk that CIA tactics honed in wars abroad could influence police operations at home. The agency should seriously evaluate this likelihood before assigning its personnel to police departments, as should the Congressional committees responsible for overseeing the intelligence community. Brooklyn is not Baghdad. American Muslim communities deserve to be treated as partners in the fight against terrorism and crime, not as hostile foreign populations.

Faiza Patel is co-director of the Liberty and National Security Program at the Brennan Centre for Justice. She is also a member of the United Nations Human Rights Council’s Working Group on the Use of Mercenaries.

Daniel Michelson-Horowitz is a legal intern with the Brennan Center for Justice.

Faiza Patel and Daniel Michelson-Horowitz
August 15, 2013

Find this story at 15 August 2013

© 2013 by National Journal Group, Inc.

NYPD has opened at least 12 ‘terrorism enterprise investigations’ since 9/11
Police spied on countless innocent Muslims and stored information on them
No Islamic group has been charged with operating as a terrorism enterprise
Investigations are so potentially invasive even the FBI has not opened one
Comes as NYPD fights lawsuits accusing it of engaging in racial profiling

The New York Police Department has secretly labeled entire mosques as terrorism organisations, a designation that allows police to use informants to record sermons and spy on imams, often without specific evidence of criminal wrongdoing.

Since the 9/11 attacks, the NYPD has opened at least a dozen ‘terrorism enterprise investigations’ into mosques, according to interviews and confidential police documents.

The TEI, as it is known, is a police tool intended to help investigate terrorist cells and the like.

Spied on: Dr Muhamad Albar (far left) speaks during Jumu’ah prayer service at the Islamic Society of Bay Ridge mosque, which was targeted by the New York Police Department under controversial anti-terror laws

Members of the Bay Ridge mosque in prayer: Designating an entire mosque as a terrorism enterprise means that anyone who attends services is a potential subject of an investigation and fair game for surveillance

Designating an entire mosque as a terrorism enterprise means that anyone who attends prayer services there is a potential subject of an investigation and fair game for surveillance.

Many TEIs stretch for years, allowing surveillance to continue even though the NYPD has never criminally charged a mosque or Islamic organisation with operating as a terrorism enterprise.

The documents show in detail how, in its hunt for terrorists, the NYPD investigated countless innocent New York Muslims and put information about them in secret police files.

More…
Embarrassed NYPD officer who mistakenly thought a woman was catcalling him and not the man he had pulled over is being sued after ‘he took his jealousy out on the man and threw him in jail for 48-hours’
‘Sentenced to death for being thirsty’: Christian woman tells of moment she was beaten and locked up in Pakistan after ‘using Muslim women’s cup to drink water’

As a tactic, opening an enterprise investigation on a mosque is so potentially invasive that while the NYPD conducted at least a dozen, the FBI never did one, according to interviews with federal law enforcement officials.

The strategy has allowed the NYPD to send undercover officers into mosques and attempt to plant informants on the boards of mosques and at least one prominent Arab-American group in Brooklyn, whose executive director has worked with city officials, including Bill de Blasio, a front-runner for mayor.

Linda Sarsour, the executive director, said her group helps new immigrants adjust to life in the U.S. It was not clear whether the police were successful in their plans.
NYPD Secretly labeled mosques as terrorist organizations

Under suspicion: Since the 9/11 attacks, the NYPD has opened at least a dozen ‘terrorism enterprise investigations’ into mosques, including the Islamic Society of Bay Ridge in Brooklyn

‘I have never felt free in the United States. The documents tell me I am right’: Zein Rimawi, founder of the Islamic Society of Bay Ridge pictured (left) reviewing the NYPD files which reveal his mosque had been under surveillance and (right) on a protest March in New York in support of ousted Egyptian president Mohamed Morsi

Sarsour, a Muslim who has met with Kelly many times, said she felt betrayed.

‘It creates mistrust in our organisations,’ said Sarsour, who was born and raised in Brooklyn. ‘It makes one wonder and question who is sitting on the boards of the institutions where we work and pray.’

The revelations about the NYPD’s massive spying operations are in documents recently obtained by The Associated Press and part of a new book, Enemies Within: Inside the NYPD’s Secret Spying Unit and bin Laden’s Final Plot Against America.

The book by AP reporters Matt Apuzzo and Adam Goldman is based on hundreds of previously unpublished police files and interviews with current and former NYPD, CIA and FBI officials.

Among the mosques targeted as early as 2003 was the Islamic Society of Bay Ridge.

‘I have never felt free in the United States. The documents tell me I am right,’ Zein Rimawi, one of the Bay Ridge mosque’s leaders, said after reviewing an NYPD document describing his mosque as a terrorist enterprise.

On the Defence: New York Mayor Michael Bloomberg (left) and NYPD Commissioner Raymond Kelly (right) have previously denied accusations that the force engaged in racial profiling while combating crime

Rimawi, 59, came to the U.S. decades ago from Israel’s West Bank.’Ray Kelly, shame on him,’ he said. ‘I am American.’

The NYPD believed the tactics were necessary to keep the city safe, a view that sometimes put it at odds with the FBI.

In August 2003, Cohen asked the FBI to install eavesdropping equipment inside a mosque called Masjid al-Farooq, including its prayer room.

Al-Farooq had a long history of radical ties. Omar Abdel Rahman, the blind Egyptian sheik who was convicted of plotting to blow up New York City landmarks, once preached briefly at Al-Farooq.

Invited preachers raged against Israel, the United States and the Bush administration’s war on terror.
One of Cohen’s informants said an imam from another mosque had delivered $30,000 to an al-Farooq leader, and the NYPD suspected the money was for terrorism.

Former CIA chief Michael Hayden (above) said a terror attack similar to the Boston Marathon bombing could not have been executed in New York because of the NYPD’s extensive spying on Muslims

But Amy Jo Lyons, the FBI assistant special agent in charge for counterterrorism, refused to bug the mosque. She said the federal law wouldn’t permit it.

The NYPD made other arrangements. Cohen’s informants began to carry recording devices into mosques under investigation. They hid microphones in wristwatches and the electronic key fobs used to unlock car doors.

Even under a TEI, a prosecutor and a judge would have to approve bugging a mosque.

But the informant taping was legal because New York law allows any party to record a conversation, even without consent from the others.

Like the Islamic Society of Bay Ridge, the NYPD never demonstrated in court that al-Farooq was a terrorist enterprise but that didn’t stop the police from spying on the mosques for years.

The disclosures come as the NYPD is fighting off lawsuits accusing it of engaging in racial profiling while combating crime. Earlier this month, a judge ruled that the department’s use of the stop-and-frisk tactic was unconstitutional.

The American Civil Liberties Union and two other groups have sued, saying the Muslim spying programs are unconstitutional and make Muslims afraid to practice their faith without police scrutiny.

Both Mayor Mike Bloomberg and Police Commissioner Raymond Kelly have denied those accusations. They say police do not unfairly target people; they only follow leads.

‘As a matter of department policy, undercover officers and confidential informants do not enter a mosque unless they are following up on a lead,’ Kelly wrote recently in The Wall Street Journal.

‘We have a responsibility to protect New Yorkers from violent crime or another terrorist attack – and we uphold the law in doing so.’

An NYPD spokesman declined to comment.

In May, former CIA chief Michael Hayden said a terror attack similar to the Boston Marathon bombing could not have been executed in New York City because of the NYPD’s extensive spying on Muslim communities.
HOW NYPD PERSUADED A JUDGE TO TARGET MOSQUES AS TERROR GROUPS

Before the NYPD could target mosques as terrorist groups, it had to persuade a federal judge to rewrite rules governing how police can monitor speech protected by the First Amendment to the U.S. Constitution.

The rules stemmed from a 1971 lawsuit, dubbed the Handschu case after lead plaintiff Barbara Handschu, over how the NYPD spied on protesters and liberals during the Vietnam War era.

David Cohen, a former CIA executive who became NYPD’s deputy commissioner for intelligence in 2002, said the old rules didn’t apply to fighting against terrorism.

Cohen told the judge that mosques could be used ‘to shield the work of terrorists from law enforcement scrutiny by taking advantage of restrictions on the investigation of First Amendment activity.’

NYPD lawyers proposed a new tactic, the TEI, that allowed officers to monitor political or religious speech whenever the ‘facts or circumstances reasonably indicate’ that groups of two or more people were involved in plotting terrorism or other violent crime.

The judge rewrote the Handschu rules in 2003. In the first eight months under the new rules, the NYPD’s Intelligence Division opened at least 15 secret terrorism enterprise investigations, documents show. At least 10 targeted mosques.

And under the new Handschu guidelines, no one outside the NYPD could question the secret practice.

Martin Stolar, one of the lawyers in the Handschu case, said it’s clear the NYPD used enterprise investigations to justify open-ended surveillance.

The NYPD should only tape conversations about building bombs or plotting attacks, he said.

‘Every Muslim is a potential terrorist? It is completely unacceptable,’ he said. ‘It really tarnishes all of us and tarnishes our system of values.’

By Daily Mail Reporter

PUBLISHED: 12:43 GMT, 28 August 2013 | UPDATED: 15:04 GMT, 28 August 2013

Find this story at 28 August 2013

© Associated Newspapers Ltd

just some parts

The CIA inspector general’s report — completed in late 2011, but just declassified in response to a Freedom of Information Act lawsuit by The New York Times — raises concerns about the relationship between the organizations.

The investigation found “irregular personnel practices” and “inadequate direction and control” by CIA managers “responsible for the relationship.”

“As a consequence, the risk to the Agency (CIA) is considerable and multifaceted,” said a memo from Inspector General David Buckley to David Petraeus, who was the CIA director at the time.

“While negative public perception is to be expected from the revelation of the agency’s close and direct collaboration with any local domestic police department, a perception that the agency has exceeded its authorities diminishes the trust place in the organization.”

The Associated Press reported that the NYPD Intelligence Division dispatched CIA-trained undercover officers into minority neighborhoods to gather intelligence on daily life in mosques, cafes, bars and bookstores.

It said police have used informers to monitor sermons during religious services and police officials keep tabs on clerics and gather intelligence on taxi cab drivers and food-cart vendors, who are often Muslim, in New York.

The New York Police Department blasted the report as “fictional.”

“Even for a piece driven by anonymous NYPD critics, it shows that we’re doing all we reasonably can to stop terrorists from killing more New Yorkers,” said police spokesman Paul Browne.

The CIA has also previously said that suggestions that it engaged in domestic spying were “simply wrong.”

Find this document at

Civil liberties groups express concern over ‘deeply troubling’ report that sets out surveillance of New Yorkers since 9/11

The NYPD has steadfastly argued that its counter-terrorism operations have stopped 14 terrorist plots since September 11. Photograph: Colleen Long/AP

Campaigners for greater accountability at New York’s powerful police force have seized on a report that details for the first time the extent of the collaboration between the CIA and the NYPD in the years after 9/11.

The formerly classified inspector-general’s report also raises new questions over whether the spy agency’s partnership with the nation’s largest police department amounted to unofficial cover for CIA officers to operate in the US in ways that could otherwise be deemed unlawful.

The 12-page document, first described in a New York Times article published on Wednesday night, contains the December 2011 findings of an investigation into the CIA’s training and support of the NYPD that included embedding four officers in the department in the decade following the September 11 attacks.

According to the report, one of the individuals engaged in surveillance operations on US soil and believed there were “no limitations” on his activities. The report said another officer was given “unfiltered” access to police reports that had nothing to do with foreign intelligence.

The partnership led to “irregular personnel practices” devoid of “formal documentation in some important instances”, CIA inspector David Buckley found. While the review found no agency employees in violation of the law and Buckley determined “an insufficient basis to merit a full investigation” into the partnership, the inspector-general said the “risks associated with the agency’s relationship with NYPD were not fully considered and that there was inadequate direction and control by the agency managers responsible for the relationship”.

The inquiry was prompted by a Pulitzer Prize-winning series of investigative stories by the Associated Press into the NYPD’s intelligence division. David Cohen, a veteran CIA officer with no police experience, was the architect of the NYPD’s spy programme and remains the department’s deputy commissioner for intelligence. The AP found that under Cohen and commissioner Ray Kelly, the intelligence division targeted more than 250 mosques along the east coast, infiltrated student groups and mapped Muslim neighbourhoods for surveillance.

The NYPD has steadfastly defended its efforts, arguing that its counterterrorism operations have stopped 14 terrorist plots since 2001, although that claim has been contested in the case of almost every alleged plot.

“We’re proud of our relationship with CIA and its training,” NYPD spokesman Paul Browne told the New York Times. Terrorists “keep coming and we keep pushing back”, he said.

In an extended interview with the Wall Street Journal in April, Kelly was asked if changes had been made to the NYPD’s surveillance programs in the wake of the AP series. “No,” he said.

Speaking to the Guardian on Thursday, NYPD critics expressed concern over the details revealed in the IG report.

“This is deeply troubling because, at the very least, it’s clear that there was insufficient legal guidance and oversight for this relationship,” Hina Shamsi, director of the ACLU’s national security project, said. Shamsi is a lead attorney on a lawsuit filed last week on behalf of several Muslims and Islamic organisations accusing the NYPD of unlawful surveillance.

“A key question is what information went back and forth between people even if they, at least formally, appear to have severed their relationship with the CIA,” she said. “It is very clear that there was insufficient legal guidance and oversight and that what should be a clear firewall between the CIA and local law enforcement, in terms of law enforcement and intelligence gathering, appears to be porous.”

Shamsi said “the extent to which these people who were from the CIA had access to CIA databases, operations and information while they were embedded with the NYPD” remained murky. “That’s the thing the report doesn’t address,” she said.

Faiza Patel, co-director of the Liberty and National Security Program at the Brennan Center for Justice at the New York University School of Law, said in an email to the Guardian that the report confirmed much of what had been reported or suspected in previous years, but expressed fear that the police department had internalised the worldview of an intelligence agency.

“We already knew that the CIA inspector-general was concerned about irregularities in the assignment of CIA officers to the NYPD. The IG report shows that the concern was more serious than personnel issues, but touched on the agency’s involvement in purely domestic intelligence operations,” she said.

Patel said that “at least one CIA analyst claimed that he was given unfettered access to NYPD intelligence reports” but said “the bigger issue, in my mind, is the extent to which the CIA’s way of working influenced the NYPD’s intelligence program”.

“Brooklyn is not Baghdad,” Patel said. “All New Yorkers have a stake in the city’s safety and should be treated as partners in fighting crime and terrorism. The CIA, of course, operates in very different environments. My concern is that a mindset forged in counter-insurgency operations unduly shaped the NYPD’s intelligence operations, especially its Muslim surveillance program.”

The Freedom of Information Act that eventually resulted in the disclosure of the inspector-general’s report was filed on 28 March 2012 by Ginger McCall, director of the open government project at the Electronic Privacy Information Center in Washington DC.

The IG report showed the CIA had been dishonest in describing its relationship with the NYPD, McCall told the Guardian.

“The report indicates that the CIA was not forthright with the American public about its activities,” she said, noting that the review detailed the work of four CIA employees with the department. Previous reporting had indicated there were only two. Some of those individuals, McCall said, “did have the opportunity to participate in domestic surveillance and domestic-focused investigations”.

Attorney Jethro Eisenstein has been at the head of a four-decade lawsuit accusing the NYPD of violating a set of department rules prohibiting the investigation of political activity in the absence of an indication of illegal activity. Known as Handschu, the rules were developed in response to the department’s past surveillance of radical and activist groups. The rules are now at the heart of the legal debate over the NYPD’s CIA-backed surveillance of Muslim communities.

Speaking to the Guardian, Eisenstein paraphrased the CIA’s assessment of its work with the NYPD, as described in the IG report as: “‘We were very sloppy in dealing with the NYPD, and maybe we got too deep in bed with them, and maybe we shouldn’t be doing that.'”

Eisenstein said Cohen’s appointment to the department brought about a dangerous shift. “Once Cohen came aboard, the whole ethos of the place changed,” he said. “They stopped being cops. They started being an intelligence agency. As far as intelligence agencies are concerned, the more information about the more people, the better. And that’s contrary to what the Handschu rules say.”

“It’s a whole different mindset. Law enforcement is about identifying, stopping illegal activity or apprehending people who have engaged in illegal activity. It’s a totally different model from intelligence gathering,” he said. Eisenstein said the shift represented “a huge danger”.

A veteran NYPD reporter and author of the book NYPD Confidential, Leonard Levitt, said Michael Bloomberg’s successor as mayor should launch an independent commission to investigate the police department.

“Somebody needs to look at what’s gone on in these 12 years,” Levitt said.

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NYPD secretly labels mosques as terror groups and spies on them

28 Aug 2013

Confidential police documents uncovered by the AP show at least a dozen terrorism investigations into mosques since 9/11

22 Aug 2013

New York city council overrides mayor in vote for greater police oversight

22 Aug 2013

New Yorkers on stop-and-frisk: ‘Out here? Nothing’s going to change’

17 Aug 2013

Legalise marijuana, tax it – and end NYC’s wrongheaded war on pot

New York City appeals ruling imposing reform on NYPD stop-and-frisk

16 Aug 2013

Head of city’s law department says ‘the safety of all New Yorkers’ is at stake in controversy over police tactic

Ryan Devereaux in New York
theguardian.com, Thursday 27 June 2013 23.29 BST

Find this story at 27 June 2013

© 2013 Guardian News and Media Limited or its affiliated companies. All rights reserved.

In the years after the attacks on September 11th, 2001, the NYPD had at least four “embedded” CIA officers in their midst. And because at least one of the officers was on unpaid leave at the time, the officer was able to bypass the standing prohibition against domestic spying for the agency and help conduct surveillance for the police force. In his words, he had “no limitations.”

The news comes from a FOIA request by the New York Times for a 2011 review by the CIA’s inspector general of the embedded analysts. The report, published Wednesday by the paper, criticized the program’s “irregular personnel practice,” “inadequate direction and control,” and risks posed to the agency’s practice and reputation. The existence of the review is public knowledge — it followed the Pulitzer-winning series of reports on NYPD spying on Muslims, which reported on the CIA’s assistance to the NYPD, and vice versa:

“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.”

As the Times notes, the public statement on the CIA’s review of the program stated that no laws had been broken. But the actual document shows that the agency had a much more mixed response to the program, and reveals more details on how the program worked:

“The report shows that the first of the four embedded agency officers began as an adviser in 2002 and went on an unpaid leave from the agency from 2004 to 2009. During that latter period, it said, he participated in — and directed — “N.Y.P.D. investigations, operations, and surveillance activities directed at U.S. persons and non-U.S. persons.”

C.I.A. lawyers signed off on the arrangement because the officer was on a “leave without pay” status at the agency and was “acting in a personal capacity and not subject to C.I.A. direction.” As a result, the official “did not consider himself an agency officer and believed he had ‘no limitations’ as far as what he could or could not do,” the report said.”

Earlier this month, the ACLU sued the NYPD over the domestic spying program, which targeted Muslims. Meanwhile, the CIA itself isn’t having the best news day either — but at least the Times story wasn’t the result of a leak.

Jun 26, 2013

Find this story at 26 June 2013

© 2013 by The Atlantic Monthly Group

“The Terror Factory” author Trevor Aaronson exposes the Bureau’s undercover sting operations for the farce they are

In the dozen years since the 9/11 attacks, we’ve watched as a classified new legal regime for government surveillance has been hashed out, local police forces have become heavily armed military-type units and a whole new layer of bureaucracy has hatched to provide us with an abundance of “homeland security.”

Proponents of this build-up argue that it’s made us safer. They point to hundreds of foiled plots to make their case. But Trevor Aaronson, author of The Terror Factory: Inside the FBI’s Manufactured War on Terrorism, dug into these supposedly dastardly plots and found that they are much less than meets the eye.

Aaronson recently appeared on the AlterNet Radio Hour. Below is a lightly edited transcript of the discussion.

Joshua Holland: Trevor, the raw statistical data say that Americans have a significantly better chance of being struck dead by lightning than of being killed in a terrorist attack here at home. It’s obviously different for people in some other countries.

I got that from the official terrorism statistics put out by the FBI and other related agencies. And they also track foiled attacks. These law enforcement agencies say that these foiled attacks prove that they are saving American lives. How would you respond to that?

Trevor Aaronson: I’d say that the majority of the foiled attacks that they cite are really only foiled attacks because the FBI made the attack possible, and most of the people who are caught in these so-called foiled attacks are caught through sting operations that use either an undercover FBI agent or informant posing as some sort of Al-Qaeda operative.

In all of these cases, the defendants, or the would-be terrorists, are people who at best have a vague idea that they want to commit some sort of violent act or some sort of act of terrorism but have no means on their own. They don’t have weapons. They don’t have connections with any international terrorist groups.
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In many cases they’re mentally ill or they’re economically desperate. An undercover informant or agent posing as an Al-Qaeda operative gives them everything they need… gives them the transportation, gives them the money if they need it, and then gives them the bomb and even the idea for the terrorist attack. And then when that person pushes a button to detonate the bomb that they believe will explode—a bomb that was provided to them in whole by the FBI—agents rush in, arrest them and charge them with conspiracy to use a weapon of mass destruction and then parade that person out to the public saying, “Look at us. We caught a terrorist. This is us keeping you safe.”

If you look at the record of prosecutions in the decade after 911, there has yet to be a case of some Al-Qaeda operative providing the means for a wannabe terrorist to do an act of terrorism. It’s only the FBI that’s providing the means through these sting operations. What this has done is really inflate the threat of terrorism within the United States—particularly from Muslim terrorists—because in almost all of these cases sting operations target men on the fringes of Muslim communities who might be mentally ill, economically desperate or otherwise very easily manipulated by an informant who can make a lot of money in these sting operations.

JH: The thing that I find eye-opening about this is—I’ve certainly known that many of these supposed plots were basically inventions of the FBI, but I didn’t know it was that consistent. You’re saying that this is the case with all of the suspects we’ve heard of in the post-911 era?

TA: For the purposes of my book, I used the 10 years after 9/11 as the area that I was going to analyze data in, and what we know is that in the 10 years after 9/11, there were a little more than 500 defendants who were charged with federal crimes involving international terrorism. About 250 involved people who were charged with things like immigration violations or lying to the FBI and who are somehow linked to terrorism.

Their charges did not involve any sort of terrorist plot. Of the 500, you have about 150 who were caught in sting operations; these operations that were solely the creation of the FBI through an FBI informant or undercover agent providing the means and the opportunity, the bomb, the idea and so on.

Then if you’re really being generous, you can find only about five people of the 500 charged with international terrorism who were involved in some sort of plot that either had weapons of their creation or their acquisition or were connected to international terrorists in some way. These include Najibullah Zazi who came close to bombing the New York City subway system, Faisal Shahzad, who delivered a bomb to Times Square that fortunately didn’t go off, and then you have Jose Padilla—the dirty bomber—the underwear bomber and the shoe bomber, for example.

Being generous, those are the five that you can point to in the decade after 9/11 who seemed to pose a significant threat. Fortunately, none of them were successful. That’s a handful compared to the more than 150 who were caught in these sting operations, and in these sting operations the men never had access to weapons; it was only the FBI that provided it as part of the sting operation that they were controlling from beginning to end.

JH: I’m no attorney, but this sounds like it gets close to entrapment. Have defense attorneys raised that?

TA: Yeah, and this is an interesting area of this story. Obviously, a layman like you or me looking at this thinks this is definitely entrapment. Unfortunately, the legal definition of entrapment is very different, and what we know is that 11 defendants have formally argued entrapment in these cases and none have been successful.

A large reason for that is the government is able to argue against entrapment in two ways; one is to say the person was predisposed to commit the crime. That he had done something that suggested he was interested in committing a crime before the introduction of the government agent.

Traditionally speaking, if this was a bank robbery plot, the government would have to prove that the defendant was researching bank robberies or casing banks prior to the FBI informant getting involved. The FBI and the Department of Justice are able to do this very easily in these terrorism cases in part because they are able to introduce evidence that is really sketchy to prove that there was predisposition.

For example, often the government will cite the fact that someone watched a jihad video and they’ll put on the stand a government expert who will testify that, “Hey, you know, because he watched the jihad video and this is one of Al-Qaeda’s classics,” that meant he was becoming a terrorist and the government line essentially, rather an absurd one, is that if you watch a Jihad video then, trance-like, you become a terrorist. It’s absurd on its face because I’ve watched those videos. You’ve watched those videos and I don’t think either of us are going to become terrorists.

At the same time, how the government is able to argue against entrapment is to really weight the jury in its favor and it does that by – in these sting operations, the government controls every aspect of the plot so they could have a guy who wants to commit violence and they say to him, “Okay, here’s a nine millimeter handgun. Go to the mall and shoot a couple people in the knee.”

That would be awful but it wouldn’t be something that would necessarily shatter the security of the United States of America. Instead, in these sting operations, they give the defendants these bombs that are so enormous and so big that even a sophisticated criminal organization would have trouble obtaining them. Then they have them unleash those bombs at subway stations or downtown skyscrapers and it makes the jury think, You know what? I ride that subway system. I have a son who works at that skyscraper. What that does is effectively erode any empathy that the jury might have for the defendant and that empathy is necessary for a jury to say, You know what? That person was entrapped.

What we’ve seen is a very effective role by the government in battling against this entrapment defense and now that we have 11 cases where entrapment has been formally argued, none being successful. I’m among those who say if you’re a Muslim charged with terrorism in the United States there really is no such thing as entrapment today.

JH: I’m a fan of that show Breaking Bad, and yet I have not started cooking meth in my backyard.

TA: If you ever got involved in a sting operation with meth, the fact that you’re a “Breaking Bad” fan might be used against you.

JH: Now, you said that a lot of people caught up in this dragnet, if you will, are poor, have mental health problems, are disenfranchised and sound like they are marginal people. Can you give us a few examples, specific case studies in the book to illustrate this point?

TA: Yes. One example which is really an absurd one is a man named Derek Shareef. Derek was this recent convert to Islam and he worked at a video game store in Rockford, Illinois. As it happens, his family has ostracized him as a result of his conversion and he was living in his car, which also happened to have just broken down.

Derek, who is earning close to minimum wage at this video game store, was really down on his luck. We don’t know exactly why the FBI targeted him but they sent an informant into the video game store.

This informant was a convicted drug dealer who then started working with the FBI and it happened to be the day before Ramadan and the informant strikes up a conversation with Derek and Derek explains the hard circumstances he’s found himself in.

The informant says, “You know what? I’ve got an extra bedroom at my place. I don’t use my car very often; you’re welcome to use it. Why don’t you stay with me while you get back on your feet?” Derek, being newly religious and devout, thinks this is the work of God since it’s the day before Ramadan and he goes and lives with this man, and over the course of weeks, this man’s slowly stoking Derek’s anger about his circumstances and about American foreign policy. Derek at some point says, “I want to do something about this. I want to kill a judge.” The informant says, “Okay, which judge?”

Of course, Derek couldn’t name the name of any judges and so the informant then gets Derek involved in a more manageable plot. He suggests that they go attack a shopping mall on Christmas Eve. For whatever reason, as in a lot of these plots, Derek agrees that he wants to do that, but the problem for the FBI informant and the FBI agent in this case was that Derek didn’t have any money.

He didn’t have any money to buy guns. He didn’t have any money to buy any weapons that he would need for the plot, so the FBI agents and the undercover informant cook-up this idea where the FBI informant will introduce Derek to an arms dealer who can provide grenades and Derek, in turn, has these two ratty, old stereo speakers, which are the only thing he has of earthly value and the informant tells Derek, “I think if you bring your stereo speakers to an arms dealer, he’ll just say, OK, fair trade and here’s four grenades.”

I don’t know many arms dealers in this world, but I’m pretty sure that none of them is going to accept old stereo speakers for grenades, but of course, Derek didn’t know that. Derek shows up at the shopping mall dutifully carrying his stereo speakers, gives them to the undercover agent who’s posing as the arms dealer, and the arms dealer hands over the grenades. Agents rush in, arrest Derek and charge him with conspiracy to use weapons of mass destruction, and he’s ultimately serving 17 years in prison.

Clearly that’s an example of a man on the fringes of our society, unlikely to ever commit significant violence on his own and yet through this sting operation he is empowered to get involved in a plot that, were it real, would have been really horrifying. And when it’s portrayed in the public and through the media, it does seem horrifying. Here is this man plotting with an Al-Qaeda operative, an undercover FBI informant, to blow up people in a shopping mall on one of the busiest shopping days of the year.

Of course, the truth is that that was nothing more than a fantasy by the FBI, controlled at every step by the FBI and no one was really in danger and there’s no evidence to suggest that Derek ever would have met a real Al-Qaeda operative who could have made him the terrorist that he apparently wanted to be.

JH: Trevor, let’s talk a little about the incentives here. It seems to me—and this isn’t an original thought—that there’s a bureaucratic imperative to justify agency budgets. After 9/11, kind of in a panic, we basically doubled the size of our intelligence agencies, created a new Department of Homeland Security, and the FBI refocused its mission.

How much of this tendency to entrap these people comes from that imperative to justify bloated counter-terrorism budgets in your view?

TA: Actually a lot. I’m not of the opinion that there are high-ranking people at the FBI who are saying, You know what? We want to stick it to Muslims in the United States. Although there’s evidence of xenophobia and a certain amount of Islamophobia within the FBI, I don’t think that’s the real reason behind this.

Instead, I think the reason we’re seeing these really aggressive sting operations is the result of something of a bureaucratic evil. That is every year Congress allocates the FBI’s budget, and they set the counter-terrorism budget at $3 billion, which is the largest part of the FBI’s budget, more than it receives for organized crime and financial fraud.

The FBI can’t exactly spend $3 billion and say, Hey; you know what? We spent your money and we didn’t find any terrorists. Even though the truth is that there’s a lot of money for counter-terrorism and just not a lot of terrorists going around today. What happens is that these sting operations are a very convenient mechanism for the FBI to say, Hey look at us. We’re keeping you safe.

From the highest levels of the FBI, there’s pressure to build counter-terrorism cases because they just received $3 billion from Congress and that pressure then flows down to the field offices, which then, in turn, put pressure on individual agents to build counter-terrorism cases and those individual agents then incentivize informants who can make hundreds of thousands of dollars per case.

They’re sent out in the communities looking for people interested in committing acts of terrorism. What they’re not finding are people who are actively building bombs or getting involved in significant terrorist plots.

Instead, they’re finding these outliers, these people on the fringes of communities who for the most part are loudmouths who might aspire to violence but have no means of their own. And then they’ll bring them into the plot knowing that if they get someone on the hook, they can make lots of money, and then when they get a prosecutable case, that case floats up and you have a situation where FBI director Robert Muller consistently testifies before Congress about counterterrorism and cites these cases involving sting operations and what he describes as, Oh, this would have been a terrible, terrible thing had it been allowed to occur … it was a bombing of synagogues in the Bronx, or whatever it might be and never fully describes how that plot to bomb synagogues in the Bronx was really only made possible through an FBI informant who provided everything that the guy needed.

My criticism of this is not only that this bureaucratic evil exists and this is what is happening, but on a greater level the question people should be asking is, Why, despite all of this money and 15,000 informants employed by the FBI today are they finding it so easy to catch these people who are mentally ill and economically desperate while they’re missing the really dangerous people?

Faisal Shahzad delivered his bomb to Times Square and no one knew about him until that day. If you take the case in Boston with Tamerlan Tsarnaev, this was someone that the FBI even looked at and decided he’s not a threat.

The FBI has proven itself very good at catching these people in sting operations who can be easily manipulated, but they’ve also proven themselves almost incompetent in finding the truly dangerous terrorists who do have these connections overseas.

By Joshua Holland
Wednesday, Jul 10, 2013 08:30 PM +0200

Find this story at 10 July 2013

Copyright © 2013 Salon Media Group, Inc.

Our hearts go out to the victims of the Boston Marathon bombing, and our thoughts are always with them and their families. The cover story we are publishing this week falls within the traditions of journalism and Rolling Stone’s long-standing commitment to serious and thoughtful coverage of the most important political and cultural issues of our day. The fact that Dzhokhar Tsarnaev is young, and in the same age group as many of our readers, makes it all the more important for us to examine the complexities of this issue and gain a more complete understanding of how a tragedy like this happens. –THE EDITORS

Peter Payack awoke around 4 a.m. on April 19th, 2013, and saw on his TV the grainy surveillance photo of the kid walking out of the minimart. The boy, identified as “Suspect #2” in the Boston bombing, looked familiar, thought Payack, a wrestling coach at the Cambridge Rindge and Latin School. On the other hand, there were a million skinny kids with vaguely ethnic features and light-gray hoodies in the Boston area, and half the city was probably thinking they recognized the suspect. Payack, who’d been near the marathon finish line on the day of the bombing and had lost half of his hearing from the blast, had hardly slept in four days. But he was too agitated to go back to bed. Later that morning, he received a telephone call from his son. The kid in the photo? “Dad, that’s Jahar.”

“I felt like a bullet went through my heart,” the coach recalls. “To think that a kid we mentored and loved like a son could have been responsible for all this death. It was beyond shocking. It was like an alternative reality.”

People in Cambridge thought of 19-year-old Dzhokhar Tsarnaev – “Jahar” to his friends – as a beautiful, tousle-haired boy with a gentle demeanor, soulful brown eyes and the kind of shy, laid-back manner that “made him that dude you could always just vibe with,” one friend says. He had been a captain of the Cambridge Rindge and Latin wrestling team for two years and a promising student. He was also “just a normal American kid,” as his friends described him, who liked soccer, hip-hop, girls; obsessed over The Walking Dead and Game of Thrones; and smoked a copious amount of weed.

Payack stared at his TV, trying to reconcile Dzhokhar, the bomber accused of unspeakable acts of terrorism, with the teenage boy who had his American nickname “Jahar” inscribed on his wrestling jacket. He’d worn it all the time.

That afternoon, Payack spoke with CNN, where he issued a direct appeal. “Jahar,” he said, “this is Coach Payack. There has been enough death, destruction. Please turn yourself in.”

At that precise moment, just west of Cambridge, in suburban Watertown, Jahar Tsarnaev lay bleeding on the floor of a 22-foot motorboat dry-docked behind a white clapboard house. He’d been wounded just after midnight in a violent confrontation with police that had killed his 26-year-old brother, Tamerlan. For the next 18 hours, he would lie quietly in the boat, as the dawn broke on a gray day and thousands of law-enforcement officials scoured a 20-block area in search of him. He was found just after 6 p.m., though it would take nearly three more hours for FBI negotiators to persuade him to surrender.

The following morning, Payack received a text from one of the agents with the FBI’s Crisis Negotiating Unit. He’d heard Payack’s televised appeal, told him he’d invoked the coach’s name while speaking with Jahar. “I think it helped,” the agent said. Payack was relieved. “Maybe by telling Jahar that I was thinking about him, it gave him pause,” Payack says. “Maybe he’d seen himself going out as a martyr for the cause. But all of a sudden, here’s somebody from his past, a past that he liked, that he fit in with, and it hit a soft spot.”

When investigators finally gained access to the boat, they discovered a jihadist screed scrawled on its walls. In it, according to a 30-count indictment handed down in late June, Jahar appeared to take responsibility for the bombing, though he admitted he did not like killing innocent people. But “the U.S. government is killing our innocent civilians,” he wrote, presumably referring to Muslims in Iraq and Afghanistan. “I can’t stand to see such evil go unpunished. . . . We Muslims are one body, you hurt one, you hurt us all,” he continued, echoing a sentiment that is cited so frequently by Islamic militants that it has become almost cliché. Then he veered slightly from the standard script, writing a statement that left no doubt as to his loyalties: “Fuck America.”

I
n the 12 years since the attacks on the World Trade Center and the Pentagon, there have been more than 25 plots to strike the United States hatched by Americans, most of which were ill-conceived or helped along by undercover operatives who, in many cases, provided their targets with weapons or other materials. A few – including the plots to blow up the New York subway system and Times Square – were legitimate and would have been catastrophic had they come to fruition. Yet none did until that hazy afternoon of April 15th, 2013, when two pressure-cooker bombs exploded near the marathon finish line on Boylston Street, killing three people, including an eight-year-old boy. Close to 300 more were injured by flying shrapnel, with many losing a leg, or an arm, or an eye; a scene of unbelievable carnage that conjured up images of Baghdad, Kabul or Tel Aviv.

An uneasy panic settled over Boston when it was revealed that the Tsarnaev brothers were not, as many assumed, connected to a terrorist group, but young men seemingly affiliated with no one but themselves. Russian émigrés, they had lived in America for a decade – and in Cambridge, a city so progressive it had its own “peace commission” to promote social justice and diversity. Tamerlan, known to his American friends as “Tim,” was a talented boxer who’d once aspired to represent the United States in the Olympics. His little brother, Jahar, had earned a scholarship to the University of Massachusetts Dartmouth and was thinking about becoming an engineer, or a nurse, or maybe a dentist – his focus changed all the time. They were Muslim, yes, but they were also American – especially Jahar, who became a naturalized U.S. citizen on September 11th, 2012.

Since the bombing, friends and acquaintances of the Tsarnaevs, as well as the FBI and other law-enforcement officials, have tried to piece together a narrative of the brothers, most of which has focused on Tamerlan, whom we now know was on multiple U.S. and Russian watch lists prior to 2013, though neither the FBI nor the CIA could find a reason to investigate him further. Jahar, however, was on no one’s watch list. To the contrary, after several months of interviews with friends, teachers and coaches still reeling from the shock, what emerges is a portrait of a boy who glided through life, showing virtually no signs of anger, let alone radical political ideology or any kind of deeply felt religious beliefs.

At his arraignment at a federal courthouse in Boston on July 10th, Jahar smiled, yawned, slouched in his chair and generally seemed not to fully grasp the seriousness of the situation, while pleading innocent to all charges. At times he seemed almost to smirk – which wasn’t a “smirk,” those who know him say. “He just seemed like the old Jahar, thinking, ‘What the fuck’s going on here?'” says Payack, who was at the courthouse that day.

It had been the coach who’d helped Jahar come up with his nickname, replacing the nearly impossible-to-decipher Dzhokhar with a simpler and cooler-sounding rendering. “If he had a hint of radical thoughts, then why would he change the spelling of his name so that more Americans in school could pronounce it?” asks one longtime friend, echoing many others. “I can’t feel that my friend, the Jahar I knew, is a terrorist,” adds another. “That Jahar isn’t, to me.”

“Listen,” says Payack, “there are kids we don’t catch who just fall through the cracks, but this guy was seamless, like a billiard ball. No cracks at all.” And yet a deeply fractured boy lay under that facade; a witness to all of his family’s attempts at a better life as well as to their deep bitterness when those efforts failed and their dreams proved unattainable. As each small disappointment wore on his family, ultimately ripping them apart, it also furthered Jahar’s own disintegration – a series of quiet yet powerful body punches. No one saw a thing. “I knew this kid, and he was a good kid,” Payack says, sadly. “And, apparently, he’s also a monster.”

T
hough Dzhokhar Tsarnaev was raised largely in America, his roots are in the restive North Caucasus, a region that has known centuries of political turmoil. Born on July 22nd, 1993, he spent the first seven years of his life in the mountainous Central Asian republic of Kyrgyzstan, where his father, Anzor, had grown up in exile. Anzor is from Chechnya, the most vilified of the former Soviet republics, whose people have been waging a near-continuous war since the 18th century against Russian rule. Dzhokhar’s mother, Zubeidat, is an Avar, the predominantly Muslim ethnic group of Chechnya’s eastern neighbor, Dagestan, which has been fighting its own struggle for independence against the Russians since the late 1700s. After the fall of the Soviet Union, Chechen nationalists declared their independence, which resulted in two brutal wars where the Russian army slaughtered tens of thousands of Chechens and leveled its capital city, Grozny. By 1999, the violence had spread throughout the region, including Dagestan.

Though Islam is the dominant religion of the North Caucasus, religion played virtually no role in the life of Anzor Tsarnaev, a tough, wiry man who’d grown up during Soviet times, when religious worship in Kyrgyzstan was mostly underground. In Dagestan, where Islam had somewhat stronger footing, many women wear hijabs; Zubeidat, though, wore her dark hair like Pat Benatar. The couple met while Anzor was studying law and were married on October 20th, 1986. The next day, their first child, Tamerlan, was born. Three more children would follow, all of them born in Kyrgyzstan, where Anzor secured a job as an investigator in the prosecutor’s office in the nation’s capital, Bishkek.

It was a prestigious position, especially for a Chechen, but Anzor had larger ambitions. He hoped to take his family to America, where his brother, Ruslan, an attorney, was building an upper-middle-class life. After Russia invaded Chechnya in 1999, setting off the second of the decade’s bloody wars, Anzor was fired from his job as part of a large-scale purge of Chechens from the ranks of the Kyrgyz government. The Tsarnaevs then fled to Zubeidat’s native Dagestan, but war followed close behind. In the spring of 2002, Anzor, Zubeidat and Jahar, then eight, arrived in America on a tourist visa and quickly applied for political asylum. The three older children, Ailina, Bella and Tamerlan, stayed behind with relatives.

During their first month in America, Jahar and his parents lived in the Boston-area home of Dr. Khassan Baiev, a Chechen physician and friend of Anzor’s sister, who recalled Anzor speaking of discrimination in Kyrgyzstan that “went as far as beatings.” This abuse would be the premise of the Tsarnaevs’ claim for asylum, which they were granted a year later. In July 2003, the rest of the family joined them in Cambridge, where they’d moved into a small, three-bedroom apartment at 410 Norfolk St.; a weathered building with peeling paint on a block that otherwise screams gentrification.

There are just a handful of Chechen families in the Boston area, and the Tsarnaevs seemed a welcome addition. “They had wonderful children,” recalls Anna Nikeava, a Chechen who befriended the Tsarnaevs shortly after they arrived. “They were very soft, like cuddly kittens, all four kids, always hugging and kissing each other.” And the parents, too, seemed to adore each other, even while Anzor, who spoke broken English, worked as a mechanic, making just $10 an hour. For the first year, the Tsarnaevs received public assistance. But they never seemed to struggle, Anna says. “They were very much in love and enjoying life. They were fun.”

Chechen families are very traditional – Anna, a warm and talkative woman in her late forties, tells me that in her country, “Ladies don’t wear pants, you have to wear a skirt,” and marrying outside the culture is taboo. The Tsarnaevs were atypical in that regard. Zubeidat was a “very open, modern lady” with a taste for stylish jeans, high heels and short skirts. “She had the tattooed eyebrows, permanent makeup, very glamorous,” says Anna. “And her children were always dressed up nicely too.”

Zubeidat adored her children, particularly Tamerlan, a tall, muscular boy she compared to Hercules. Jahar, on the other hand, was the baby, his mother’s “dwog,” or “heart.” “He looked like an angel,” says Anna, and was called “Jo-Jo” or “Ho.”

“He was always like, ‘Mommy, Mommy, yes, Mommy’ – even if his mom was yelling at him,” says Anna’s son Baudy Mazaev, who is a year and a half younger than Jahar. “He was just, like, this nice, calm, compliant, pillow-soft kid. My mom would always say, ‘Why can’t you talk to me the way Dzhokhar talks to his mother?'”

There were five or six Chechen boys of roughly the same age in their circle, but Baudy and Jahar were particularly close. Now a student at Boston University, Baudy remembers family get-togethers in the Tsarnaevs’ cramped, top-floor apartment, where Jahar and Tamerlan shared a small room with a bunk bed; in an even smaller room, their sisters shared just a mattress. There was never room for everyone around the tiny kitchen table, so the boys would engage in epic games of manhunt, or play video games on the giant TV in the living room, while their parents ate and socialized. Anzor was famous for his booming laugh, which Jahar inherited – “It was so loud, the whole room would know if he was laughing,” says Baudy.

Jahar idolized his older brother, Tamerlan – all the children appeared to – and as a child, he followed his brother’s example and learned to box. But it was wrestling that became his primary sport, as was also true for Baudy, a squarely built kid who competed in a higher weight class than the slender, 130-pound Jahar. “It’s a Chechen thing,” says Baudy. “When I went to Chechnya to see my cousins, the first thing they ask is, ‘You want to wrestle?'”

Baudy is fiercely proud of his heritage, and Jahar, who shares a name with Chechnya’s first president, Dzhokhar Dudayev (one of Anzor’s personal heroes), had similar “Chechen pride.” He embraced the national Chechen symbol, the wolf; learned traditional dances; and could speak Chechen as well as Russian. He even talked about marrying a Chechen girl. “He would always talk about how pretty Chechen girls were,” says Baudy, though, to his knowledge, Jahar had never met one, aside from the sisters of some of their friends.

There were many, many Jahars in Cambridge: children of immigrants with only the haziest, if idealized, notions of their ethnic homelands. One of the most liberal and intellectually sophisticated cities in the U.S., Cambridge is also one of the most ethnically and economically diverse. There are at least 50 nationalities represented at the city’s one public high school, Cambridge Rindge and Latin School, whose motto – written on walls, murals and school-course catalogs, and proclaimed over the PA system – is “Opportunity, Diversity, Respect.” About 45 percent of its students live in public or subsidized housing, largely in the city’s densely populated working-class neighborhoods. There are more affluent areas, and in them live the children of professors from nearby Harvard and MIT who also attend Rindge, “but not in tremendous numbers,” says Cambridge schools superintendent Dr. Jeffrey M. Young. “What you do have is some actively engaged political families” – like those of the school’s most famous alumni, Matt Damon and Ben Affleck – “and then there’s the voiceless, who we try to encourage to have more of a voice.”

All of the Tsarnaev children went to Rindge, as the school is known, but it was Jahar who assimilated best. Though he’d arrived in America speaking virtually no English, by high school he was fluent, with only a trace of an accent, and he was also fluent in the local patois. (Among his favorite words, his friends say, was “sherm,” Cambridge slang for “slacker.”) Jahar, or “Jizz,” as his friends also called him, wore grungy Pumas, had a great three-point shot and became a dedicated pot smoker – something a number of Cambridge teens tell me is relatively standard in their permissive community, where you can score weed in the high school bathrooms and smoke on the street without much of a problem. A diligent student, he was nominated to the National Honor Society in his sophomore year, which was also when he joined the wrestling team. “He was one of those kids who’s just a natural,” says Payack, his coach, who recalls Jahar as a supportive teammate who endured grueling workouts and runs without a single complaint. In his junior year, the team made him a captain. By then, everyone knew him as ‘Jahar,’ which his teammates would scream at matches to ensure the refs would never mispronounce his name.

“I could never quite get his name – Dokar? Jokar?” says Larry Aaronson, a retired Rindge history teacher (Jahar, he says, eventually told him to call him “Joe”). Aaronson, a longtime friend of the late historian Howard Zinn, also lives on Norfolk Street, down the block from the Tsarnaevs’ home. “I asked him once where he was from, and he said Chechnya. And I’m like, ‘Chechnya? Are you shitting me?'” says Aaronson. “I said, ‘My God, how did you cope with all that stress?’ And he said, ‘Larry, that’s how come we came to America, and how lucky that we came to Cambridge, of all places!’ He just embraced the city, the school and the whole culture – he gratefully took advantage of it. And that’s what endeared me to him: This was the quintessential kid from the war zone, who made total use of everything we offer so that he could remake his life. And he was gorgeous,” he adds.

J
ahar’s friends were a diverse group of kids from both the wealthier and poorer sections of Cambridge; black, white, Jewish, Catholic, Puerto Rican, Bangladeshi, Cape Verdean. They were, as one Cambridge parent told me, “the good kids” – debate champs, varsity athletes, student-government types, a few brainiacs who’d go off to elite New England colleges. A diligent student, Jahar talked about attending Brandeis or Tufts, recalls a friend I’ll call Sam, one of a tight-knit group of friends, who, using pseudonyms, agreed to speak exclusively to Rolling Stone. “He was one of the realest dudes I’ve ever met in my life,” says Sam, who spent nearly every day with Jahar during their teens, shooting hoops or partying at a spot on the Charles River known as the “Riv.” No matter what, “he was the first person I’d call if I needed a ride or a favor. He’d just go, ‘I got you, dog’ – even if you called him totally wasted at, like, two or three in the morning.”

“He was just superchill,” says another friend, Will, who recalls one New Year’s Eve when Jahar packed eight or nine people – including one in the trunk – into his green Honda Civic. Of course, he adds, the police pulled them over, but Jahar was unfazed. “Even if somebody caught him drinking,” says his buddy Jackson, “he was the calm, collected kid who always knew how to talk to police.”

He had morals, they all agree. “He never picked on anybody,” says Sam, adding that much like his brother, Jahar was a great boxer. “He was better at boxing than wrestling – he was a beast.” But while he could probably knock out anyone he wanted, he never did. “He wasn’t violent, though – that’s the crazy thing. He was never violent,” says Sam.

“He was smooth as fuck,” says his friend Alyssa, who is a year younger than Jahar. Girls went a little crazy over him – though to Jahar’s credit, his friends say, even when he had crushes, he never exploited them. “He’d always be like, ‘Chill, chill, let’s just hang out,'” says Sam, recalling Jahar’s almost physical aversion to any kind of attention. “He was just really humble – that’s the best way to describe him.”

Cara, a vivacious, pretty blonde whom some believe Jahar had a secret crush on, insists they were just friends. “He was so sweet. He was too sweet, you know?” she says sadly. The two had driver’s ed together, which led to lots of time getting high and hanging out. Jahar, she says, had a talent for moving between social groups and always seemed able to empathize with just about anyone’s problems. “He is a golden person, really just a genuine good guy who was cool with everyone,” she says. “It’s hard to really explain Jahar. He was a Cambridge kid.”

Cambridge kids, the group agrees, have a fairly nonchalant attitude about things that might make other people a little uptight. A few years ago, for instance, one of their mutual friends decided to convert to Islam, which some, like Cara, thought was really cool, and others, like Jackson, met with a shrug. “But that’s the kind of high school we went to,” Jackson says. “It’s the type of thing where someone could say, ‘I converted to Islam,’ and you’re like, ‘OK, cool.'” And in fact, a number of kids they knew did convert, he adds. “It was kind of like a thing for a while.”

Jahar never denied he was a Muslim, though he sometimes played it down. He fasted during Ramadan, which included giving up pot – an immense act of self-control, his friends say. “But the most religious thing he ever said was, ‘Don’t take God’s name in vain,'” says Alyssa, who is Jewish. “Yeah,” says Jackson, “he might have been religious, but it was the type of thing where unless he told you, you wouldn’t know.”

A few years ago, one Rindge wrestler, another Muslim, attended an informal lunchtime high school prayer group, where he spotted Jahar. “I didn’t know he was Muslim until I saw him at that Friday prayer group,” he says. “It wasn’t something we ever talked about.”

His friend Theo, who also wrestled with Jahar, thinks somewhat differently. “I actually think he had a real reverence for Islam,” he says. There was one occasion in particular, a few years ago, when Jahar became visibly uncomfortable when James, the friend who’d converted, began speaking casually about the faith. “He didn’t get mad, but he kind of shut him down,” Theo recalls. “And it showed me that he took his religion really seriously. It wasn’t conditional with him.”

Yet he “never raised any red flags,” says one of his history teachers, who, like many, requested anonymity, given the sensitivity of the case. Her class, a perennial favorite among Rindge students, fosters heated debates about contemporary political issues like globalization and the crises in the Middle East, but Jahar, she says, never gave her any sense of his personal politics, “even when he was asked to weigh in.” Alyssa, who loved the class, agrees: “One of the questions we looked at was ‘What is terrorism? How do we define it culturally as Americans? What is the motivation for it – can we ever justify it?’ And I can say that Jahar never expressed to us that he was pro-terrorism at all, ever.”

Except for once.

“He kind of did, one time to me, express that he thought acts of terrorism were justified,” says Will. It was around their junior year; the boys had been eating at a neighborhood joint called Izzy’s and talking about religion. With certain friends – Will and Sam among them – Jahar opened up about Islam, confiding his hatred of people whose “ignorance” equated Islam with terrorism, defending it as a religion of peace and describing jihad as a personal struggle, nothing more. This time, says Will, “I remember telling him I thought certain aspects of religion were harmful, and I brought up the 9/11 attacks.”

At which point Jahar, Will says, told him he didn’t want to talk about it anymore. Will asked why. “He said, ‘Well, you’re not going to like my view.’ So I pressed him on it, and he said he felt some of those acts were justified because of what the U.S. does in other countries, and that they do it so frequently, dropping bombs all the time.”

To be fair, Will and others note, Jahar’s perspective on U.S. foreign policy wasn’t all that dissimilar from a lot of other people they knew. “In terms of politics, I’d say he’s just as anti-American as the next guy in Cambridge,” says Theo. Even so, Will decided not to push it. “I was like, ‘Wow, this dude actually supports that? I can’t have this conversation anymore.'”

They never brought it up again.

I
n retrospect, Jahar’s comment about 9/11 could be seen in the context of what criminal profilers call “leakage”: a tiny crack in an otherwise carefully crafted facade that, if recognized – it’s often not – provides a key into the person’s interior world. “On cases where I’ve interviewed these types of people, the key is looking past their exterior and getting access to that interior, which is very hard,” says Tom Neer, a retired agent from the FBI’s Behavioral Analysis Unit and now a senior associate with the Soufan Group, which advises the government on counterterrorism. “Most people have a public persona as well as a private persona, but for many people, there’s a secret side, too. And the secret side is something that they labor really hard to protect.”

There were many things about Jahar that his friends and teachers didn’t know – something not altogether unusual for immigrant children, who can live highly bifurcated lives, toggling back and forth between their ethnic and American selves. “I never saw the parents, and didn’t even know he had a brother,” says Payack, who wondered why Jahar never had his family rooting for him on the sidelines, as his teammates did. “If you’re a big brother and you love your little brother, why don’t you come and watch him in sports?”

Theo wondered, too. “I asked him about that once, and he told me that he’d boxed when he was younger, and he’d never lost a boxing match, so he didn’t want his dad to see him lose.” It sounded plausible: Jahar had an innate ability as a wrestler, but he never put in the time to be truly great. “It wasn’t really on his list,” says Theo. On the other hand, losing didn’t seem to bother him, either. “Other kids, when they lose they get angry – they think the ref made a bad call, and maybe they’ll throw a chair. Or they’ll cry, or sulk in a corner,” says Payack. Jahar would simply walk off the mat with a shrug. “He’d just kind of have this face like, ‘Oh, well, I tried.'”

On Senior Night, the last home match of the season, every Rindge senior wrestler is asked to bring a parent or relative to walk them onto the gym floor to receive a flower and have their picture taken. Jahar brought no one. “We had one of the coaches walk him out to get his flower,” says Payack. This, too, didn’t seem to bother Jahar – and even if it did, he never mentioned it. “With our friends, you don’t need to confide in them to be close to them,” says Jackson.

Jahar’s family seemed to exist in a wholly separate sphere from the rest of his life. Jackson, who lived nearby, would occasionally see Anzor working on cars; several others knew of Jahar’s sisters from their older siblings. And there were always stories about Tamerlan, who’d been a two-time Golden Gloves champion. But almost nobody met Tamerlan in person, and virtually no one from school ever went to the Tsarnaevs’ house. “I mean never – not once,” says Jackson. One friend of Jahar’s older sister Bella would say that the apartment at 410 Norfolk “had a vibe that outsiders weren’t too common.”

T
here are a number of indications that the troubles in the Tsarnaev family went deeper than normal adjustment to American life. Anzor, who suffered from chronic arthritis, headaches and stomach pain, had an erratic temperament – a residual, he’d say, of the abuse he’d suffered in Kyrgyzstan – and struck one neighbor on Norfolk Street as a “miserable guy,” who’d bark at his neighbors over parking spaces and even grab the snow shovels out of their hands when he felt they weren’t shoveling the walk properly. Despite his demeanor, he was an intensely hard worker. “I remember his hands,” says Baudy. “He’d be working on cars in the Boston cold, no gloves, and he’d have these thick bumps on his knuckles from the arthritis. But he loved it. He saw his role as putting food on the table.”

Zubeidat, an enterprising woman, worked as a home-health aide, then switched to cosmetology, giving facials at a local salon and later opening a business in her home. “She never wanted to commit,” says Baudy, who liked Jahar’s mother but saw her as a typical striver. “She was trying to get rich faster – like, ‘Oh, this is taking too long. We’ll try something else.'”

But the money never came. By 2009, Anzor’s health was deteriorating, and that August, the Tsarnaevs, who hadn’t been on public assistance for the past five years, began receiving benefits again, in the form of food stamps and cash payouts. This inability to fully support his family may have contributed to what some who knew them refer to as Anzor’s essential “weakness” as a father, deferring to Zubeidat, who could be highly controlling.

A doting mother, “she’d never take any advice about her kids,” says Anna. “She thought they were the smartest, the most beautiful children in the world” – Tamerlan most of all. “He was the biggest deal in the family. In a way, he was like the father. Whatever he said, they had to do.”

Tamerlan’s experience in Cambridge was far less happy than Jahar’s. Already a teenager when he arrived in America, Tamerlan spoke with a thick Russian accent, and though he enrolled in the English as a Second Language program at Rindge, he never quite assimilated. He had a unibrow, and found it hard to talk to girls. One former classmate recalls that prior to their senior prom, a few of Tamerlan’s friends tried to find him a date. “He wasn’t even around,” she says, “it was just his friends asking girls to go with him.” But everyone said no, and he attended the prom alone.

After graduating in 2006, he enrolled at Bunker Hill Community College to study accounting, but attended for just three semesters before dropping out. A talented pianist and composer, he harbored a desire to become a musician, but his ultimate dream was to become an Olympic boxer, after which he’d turn pro. This was also his father’s dream – a champion boxer himself back in Russia, Anzor reportedly pushed Tamerlan extremely hard, riding behind him on his bicycle while his son jogged to the local boxing gym. And Tamerlan did very well under his father’s tutelage, rising in the ranks of New England fighters. One of the best in his weight class, Tamerlan once told a fighter to “practice punching a tree at home” if he wanted to be truly great. But his arrogance undermined his ambitions. In 2010, a rival trainer, claiming Tamerlan had broken boxing etiquette by taunting his fighter before a match, lodged a complaint with the national boxing authority that Tamerlan should be disqualified from nationwide competition as he was not an American citizen. The authorities, coincidentally, were just in the process of changing their policy to ban all non-U.S. citizens from competing for a national title.

This dashed any Olympic hopes, as Tamerlan was not yet eligible to become a U.S. citizen. His uncle Ruslan had urged him to join the Army. It would give him structure, he said, and help him perfect his English. “I told him the best way to start your way in a new country – give something,” Ruslan says. But Tamerlan laughed, his uncle recalls, for suggesting he kill “our brother Muslims.”

Tamerlan had discovered religion, a passion that had begun in 2009. In interviews, Zubeidat has suggested it was her idea, a way to encourage Tamerlan, who spent his off-hours partying with his friends at local clubs, to become more serious. “I told Tamerlan that we are Muslim, and we are not practicing our religion, and how can we call ourselves Muslims?” she said. But Anna suspects there was something else factoring into the situation. Once, Anna recalls, Zubeidat hinted that something might be wrong. “Tamerlan told me he feels like there’s two people living in him,” she confided in her friend. “It’s weird, right?”

Anna, who wondered if Tamerlan might be developing a mental illness, suggested Zubeidat take him to a “doctor” (“If I said ‘psychiatrist,’ she’d just flip,” she says), but Zubeidat seems to have believed that Islam would help calm Tamerlan’s demons. Mother and son began reading the Koran – encouraged, Zubeidat said, by a friend of Tamerlan’s named Mikhail Allakhverdov, or “Misha,” a thirtysomething Armenian convert to Islam whom family members believe Tamerlan met at a Boston-area mosque. Allakhverdov has denied any association with the attack. “I wasn’t his teacher,” he told the New York Review of Books. “If I had been his teacher, I would have made sure he never did anything like this.” But family members have said Allakhverdov had a big influence on Tamerlan, coming to the house and often staying late into the night, talking with Tamerlan about Islam and the Koran. Uncle Ruslan would later tell The Daily Mail that Allakhverdov would “give one-on-one sermons to Tamerlan over the kitchen table, during which he claimed he could talk to demons and perform exorcisms.”

Zubeidat was pleased. “Don’t interrupt them,” she told her husband one evening when Anzor questioned why Allakhverdov was still there around midnight. “Misha is teaching him to be good and nice.”

B
efore long, Tamerlan had quit drinking and smoking pot, and started to pray five times a day, even taking his prayer rug to the boxing gym. At home, he spent long hours on the Internet reading Islamic websites, as well as U.S. conspiracy sites, like Alex Jones’ InfoWars. He told a photographer he met that he didn’t understand Americans and complained about a lack of values. He stopped listening to music. “It is not supported by Islam,” Tamerlan said. “Misha says it’s not really good to create or listen to music.” Then, in 2011, he decided to quit boxing, claiming it was not permitted for a Muslim to hit another man.

Zubeidat, too, had become increasingly religious – something that would get in the way of her marriage as well as her job at an upscale Belmont salon, where she broke for daily prayers and refused to work on male clients. She was ultimately fired, after which she turned her living room into a minisalon. One of her former clients recalls her wearing “a head wrap” in the house, and a hijab whenever she went outside. “She started to refuse to see boys who’d gone through puberty,” recalls the client. “A religious figure had told her it was sacrilegious.”

What really struck her client, beyond Zubeidat’s zeal, were her politics. During one facial session, she says, Zubeidat told her she believed 9/11 was a government plot to make Americans hate Muslims. “It’s real,” she said. “My son knows all about it. You can read on the Internet.”

It was during this period that Jahar told his friend Will that he felt terrorism could be justified, a sentiment that Tamerlan apparently shared. Whether or not Jahar truly agreed with his brother, their relationship was one where he couldn’t really question him. In Chechen families, Baudy says, “Your big brother is not quite God, but more than a normal brother.” When they were kids, Baudy recalls, Tamerlan used to turn off the TV and make them do pushups. Now he urged them to study the Koran.

“Jahar found it kind of a nuisance,” says Baudy, and tried to shrug it off as best as he could. But he couldn’t do much. “You’re not going to get mad at your elders or tell them to stop doing something, especially if it’s about being more religious.” During one visit a few years ago, Baudy recalls, Tamerlan interrupted them on the computer to say that if they were going to be surfing the Internet, they should focus on their faith. He gave them a book – Islam 101 – and instructed them to read. He gave the same book to James, the high school convert who, as a new Muslim, was one of the very few of Jahar’s friends who came to the house. Tamerlan also taught James how to pray. “I guess they’d sit there for hours,” says Sam, who would hear about it afterward. Sam couldn’t figure it out. “It was crazy because back a few years ago, Timmy was so like us, a regular dude, boxing, going to school, hanging out, partying all the time. But then he changed and became anti-fun.”

By 2011, all remnants of “Timmy” seemed to be gone. When his close friend and sparring partner Brendan Mess began dating a nonpracticing Muslim, Tamerlan criticized Mess’ girlfriend for her lack of modesty. And he also reportedly criticized Mess for his “lifestyle” – he was a local pot dealer. On September 11th, 2011 – the 10th anniversary of 9/11 – Mess and two of his friends were killed in a grisly triple murder that remains unsolved. Since the bombing, authorities have been vigorously investigating the crime, convinced that Tamerlan had something to do with it, though so far there’s no hard evidence.

“All I know is Jahar was really wary of coming home high because of how his brother would react. He’d get really angry,” says Will. “He was a really intense dude.”

“And if you weren’t Muslim, he was even more intense,” says Sam, who notes that he never met Tamerlan in person, though he heard stories about him all the time from Jahar. “I was fascinated – this dude’s, like, six-three, he’s a boxer – I wanted to meet him,” says Sam. “But Jahar was like, ‘No, you don’t want to meet him.'”

Jahar rarely spoke to his friends about his sisters, Ailina and Bella, who, just a few years older than he, kept to themselves but also had their own struggles. Attractive, dark-haired girls who were “very Americanized,” as friends recall, they worshipped Tamerlan, whom one sister would later refer to as her “hero” – but they were also subject to his role as family policeman. When Bella was a junior in high school, her father, hearing that she’d been seen in the company of an American boy, pulled her out of school and dispatched Tamerlan to beat the boy up. Friends later spotted Bella wearing a hijab; not long afterward, she disappeared from Cambridge entirely. Some time later, Ailina would similarly vanish. Both girls were reportedly set up in arranged marriages.

Anna Nikeava was unaware the girls had even left Boston, and suspects the parents never talked about it for fear of being judged. “Underneath it all, they were a screwed-up family,” she says. “They weren’t Chechen” – they had not come from Chechnya, as she and others had – “and I don’t think the other families accepted them as Chechens. They could not define themselves or where they belonged. And poor Jahar was the silent survivor of all that dysfunction,” she says. “He never said a word. But inside, he was very hurt, his world was crushed by what was going on with his family. He just learned not to show it.”

Anzor, who’d been at first baffled, and later “depressed,” by his wife’s and son’s religiosity, moved back to Russia in 2011, and that summer was granted a divorce. Zubeidat was later arrested for attempting to shoplift $1,600 worth of clothes from a Lord & Taylor. Rather than face prosecution, she skipped bail and also returned to Russia, where she ultimately reconciled with her ex-husband. Jahar’s sisters, both of whom seemed to have escaped their early marriages, were living in New Jersey and hadn’t seen their family in some time.

And Tamerlan was now married, too. His new wife, Katherine Russell, was a Protestant from a well-off family in Rhode Island. After high school, she’d toyed with joining the Peace Corps but instead settled on college at Boston’s Suffolk University. She’d met Tamerlan at a club during her freshman year, in 2007, and found him “tall and handsome and having some measure of worldliness,” one friend would recall. But as their relationship progressed, Katherine’s college roommates began to worry that Tamerlan was “controlling” and “manipulative.” They became increasingly concerned when he demanded that she cover herself and convert to Islam.

Though Katherine has never spoken to the press, what is known is that she did convert to Islam, adopting the name “Karima,” and soon got pregnant and dropped out of college. In June 2010, she and Tamerlan were married; not long afterward, she gave birth to their daughter, Zahira. Around this time, both her friends and family say, she “pulled away.” She was seen in Boston, shopping at Whole Foods, cloaked and wearing a hijab. She rarely spoke around her husband, and when alone, recalls one neighbor, she spoke slowly with an accent. “I didn’t even know she was an American,” he says.

Jahar, meanwhile, was preparing for college. He had won a $2,500 city scholarship, which is awarded each year to about 40 to 50 Cambridge students; he ended up being accepted at a number of schools, including Northeastern University and UMass Amherst. But UMass Dartmouth offered him a scholarship. “He didn’t want to force his parents to pay a lot of money for school,” says Sam, who recalls that Jahar never even bothered to apply to his fantasy schools, Brandeis and Tufts, due to their price tags. A number of his friends would go off to some of the country’s better private colleges, “but Jizz rolled with the punches. He put into his head, ‘I can’t go to school for mad dough, so I’m just going to go wherever gives me the best deal.’ Because, I mean, what’s the point of going to a school that’s going to cost $30,000 a year – for what? Pointless.” His other friends agree.

A middling school an hour and a half south of Boston, UMass Dartmouth had one distinguishing feature – its utter lack of character. “It’s beige,” says Jackson. “It’s, like, the most depressing campus I’ve ever seen.” Annual costs are about $22,000.

Jahar arrived in the fall of 2011 and almost immediately wanted to go home. North Dartmouth, where the university is based, is a working-class community with virtually nothing to boast of except for a rather sad mall and a striking number of fast-food joints. It has a diverse student population, but their level of curiosity seemed to fall far below his friends’ from Rindge. “Using my high-school essays for my english class #itsthateasy,” Jahar tweeted in November 2011. “You know what i like to do? answer my own questions cuz no one else can.”

“He was hating life,” says Sam. “He used to always call and say it’s mad wack and the people were corny.” His one saving grace was that one of his best friends from Rindge had gone to UMass Dartmouth, too – though he would later transfer. “All they would do was sit in the car and get high – it was that boring,” says Sam.

On the weekends, campus would empty out and Jahar came home as often as he could. But home was no longer “home,” as his parents were gone. Many of his closest friends were gone as well. Tamerlan, though, was always around. “Pray,” the older brother told the younger. “You cannot call yourself a Muslim unless you thank Allah five times a day.”

M
uch of what is known about the two years of Jahar’s life leading up to the bombing comes from random press interviews with students at UMass Dartmouth, none of whom seemed to have been particularly close with Jahar; and from Jahar’s tweets, which, like many 18- or 19-year-olds’, were a mishmash of sophomoric jokes, complaints about his roommate, his perpetual lateness, some rap lyrics, the occasional deep thought (“Find your place and your purpose and make a plan for the future”) and, increasingly, some genuinely revealing statements. He was homesick. He suffered from insomnia. He had repeated zombie dreams. And he missed his dad. “I can see my face in my dad’s pictures as a youngin, he even had a ridiculous amount of hair like me,” he tweeted in June 2012.

Jahar had begun his studies to be an engineer, but by last fall had found the courses too difficult. He switched to biology and, to make money, he dealt pot – one friend from his dorm says he always had big Tupperware containers of weed in his fridge.

As he had at Rindge, Jahar drifted between social groups, though he clung to friends from high school who also attended UMass Dartmouth. But he soon gravitated to a group of Kazakh students, wealthy boys with a taste for excellent pot, which Jahar, who spoke Russian with them, often helped to provide. By his sophomore year, even as he gained U.S. citizenship, he abandoned his American Facebook for the Russian version, Vkontakte, or VK, where he listed his world view as “Islam” and his interests as “career and money.” He joined several Chechnya-related groups and posted Russian-language-joke videos. “He was always joking around, and often his jokes had a sarcastic character,” says Diana Valeeva, a Russian student who befriended Jahar on VK. Jahar also told Diana that he missed his homeland and would happily come for a visit. “But he did not want to return forever,” she says.

Tamerlan’s journey the past two years is far easier to trace. Though no more Chechen than his brother, Tamerlan was also – as his resident green card reminded him – not really an American. Islam, or Tamerlan’s interpretation of it, had become his identity. He devoured books on Chechnya’s separatist struggle, a war that had taken on a notably fundamentalist tone since the late 1990s, thanks to a surge of Muslim fighters from outside of the Caucusus who flocked to Chechnya to wage “holy war” against the Russians. It is not uncommon for young Chechen men to romanticize jihad, and for those who are interested in that kind of thing, there are abundant Chechen jihadist videos online that reinforce this view. They tend to feature Caucasian fighters who, far from the lecturing sheikhs often found in Al Qaeda recruitment videos, look like grizzled Navy SEALs, humping through the woods in camouflage and bandannas. Tamerlan would later post several of these videos on his YouTube page, as well as “The Emergence of Prophecy: The Black Flags from Khorasan,” a central part of Al Qaeda and other jihadist mythology, which depicts fierce, supposedly end-times battles against the infidels across a region that includes parts of Afghanistan, Pakistan and Iran.

But Brian Glyn Williams, a professor of Islamic studies at UMass Dartmouth and an expert on terrorism and the politics of Chechnya, believes that Tamerlan’s journey – which he calls “jihadification” – was less a young man’s quest to join Al Qaeda than to discover his own identity. “To me, this is classic diasporic reconstruction of identity: ‘I’m a Chechen, and we’re fighting for jihad, and what am I doing? Nothing.’ It’s not unlike the way some Irish-Americans used to link Ireland and the IRA – they’d never been to Northern Ireland in their lives, but you’d go to certain parts of Southie in Boston, and all you see are donation cans for the IRA.”

For Jahar, identity likely played into the mix as well, says Williams, who, though he never met Jahar at UMass Dartmouth, coincidentally corresponded with him during his senior year of high school. One of Williams’ friends taught English at Rindge, and “he told me he had this Chechen kid in his class who wanted to do his research paper on Chechnya, a country he’d never lived in.” Williams agreed to help Jahar. “The thing that struck me was how little he actually knew,” he says. “He didn’t know anything about Chechnya, and he wanted to know everything.”

Whether Jahar gained much from his studies – or even did much of it – is unknown. Tamerlan, having devoured all the books he could find, was preparing to take the next step. In January 2012, he traveled to Dagestan, where he spent six months. Dagestan has been embroiled in a years-long civil war between Muslim guerrillas and the (also Muslim) police, as well as Russian forces. Bombs go off in the streets regularly, and young men, lured by the romance of the fight, often disappear to “go to the forest,” a euphemism for joining the insurgency. Tamerlan, too, seemed to have wanted to join the rebellion, but he was dissuaded from this pursuit by, among others, a distant cousin named Magomed Kartashov, who also happened to be a Dagestani Islamist. Kartashov’s Western cousin, who came to Dagestan dressed in fancy American clothes and bragging of being a champion boxer, had no place in their country’s civil war, he told Tamerlan. It was an internal struggle – in an interview with TIME magazine, associates of Kartashov’s referred to it as “banditry” – and had only resulted in Muslims killing other Muslims. Kartashov urged Tamerlan to embrace nonviolence and forget about Dagestan’s troubles. By early summer, Tamerlan was talking about holy war “in a global context,” one Dagestani Islamist recalls.

In July 2012, Tamerlan returned to Cambridge. He grew a five-inch beard and began to get in vocal debates about the virtues of Islam. He vociferously criticized U.S. policy in the Middle East. Twice over the next six or eight months, he upset services at a local mosque with a denunciation of Thanksgiving, and also, in January 2013, of Martin Luther King Jr.

The boys’ uncle Ruslan hoped that Jahar, away at school, would avoid Tamerlan’s influence. Instead, Jahar began to echo his older brother’s religious fervor. The Prophet Muhammad, he noted on Twitter, was now his role model. “For me to know that I am FREE from HYPOCRISY is more dear to me than the weight of the ENTIRE world in GOLD,” he posted, quoting an early Islamic scholar. He began following Islamic Twitter accounts. “Never underestimate the rebel with a cause,” he declared.

Though it seems as if Jahar had found a mission, his embrace of Islam also may have been driven by something more basic: a need to belong. “Look, he was totally abandoned,” says Payack, who believes that the divorce of his parents and their subsequent move back to Russia was pivotal, as was the loss of the safety net he had at Rindge.

Theo, who goes to college in Vermont and is one of the few of Jahar’s friends to not have any college loans, can’t imagine the stress Jahar must have felt. “He had all of this stuff piled up on his shoulders, as well as college, which he’s having to pay for himself. That’s not easy. All of that just might make you say ‘Fuck it’ and give up and lose faith.

Wick Sloane, an education advocate and a local community-college professor, sees this as a widespread condition among many young immigrants who pass through his classrooms. “All of these kids are grateful to be in the United States. But it’s the usual thing: Is this the land of opportunity or isn’t it? When I look at what they’ve been through, and how they are screwed by federal policies from the moment they turn around, I don’t understand why all of them aren’t angrier. I’m actually kind of surprised it’s taken so long for one of these kids to set off a bomb.”

“A
decade in America already,” Jahar tweeted in March 2012. “I want out.” He was looking forward to visiting his parents in Dagestan that summer, but then he learned he wouldn’t receive his U.S. passport in time to make the trip. “#Imsad,” he told his followers. Instead, he spent the summer lifeguarding at a Harvard pool. “I didn’t become a lifeguard to just chill and get paid,” Jahar tweeted. “I do it for the people, saving lives brings me joy.” He was living with Tamerlan and his sister-in-law, who were going through their own troubles. Money was increasingly tight, and the family was on welfare. Tamerlan was now a stay-at-home dad; his wife worked night and day as a home-health aide to support the family.

Tamerlan had joined an increasing number of Cambridge’s young adults who were being priced out due to skyrocketing real-estate prices. “It’s really hard to stay in Cambridge because it’s becoming so exclusive,” says Tamerlan’s former Rindge classmate Luis Vasquez, who is running for a seat on the Cambridge City Council. “We feel like we’re being taken over.”

In August, Jahar, acutely aware of the troubles all around him, commented that $15 billion was spent on the Summer Olympics. “Imagine if that money was used to feed those in need all over the world,” he wrote. “The value of human life ain’t shit nowadays that’s #tragic.” In the fall, he returned to North Dartmouth and college, where, with no Tamerlan to catch him, he picked up his life, partying in his dorm and letting his schoolwork slide.

“Idk why it’s hard for many of you to accept that 9/11 was an inside job, I mean I guess fuck the facts y’all are some real #patriots #gethip,” Jahar tweeted. This is not an uncommon belief. Payack, who also teaches writing at the Berklee College of Music, says that a fair amount of his students, notably those born in other countries, believe 9/11 was an “inside job.” Aaronson tells me he’s shocked by the number of kids he knows who believe the Jews were behind 9/11. “The problem with this demographic is that they do not know the basic narratives of their histories – or really any narratives,” he says. “They’re blazed on pot and searching the Internet for any ‘factoids’ that they believe fit their highly de-historicized and decontextualized ideologies. And the adult world totally misunderstands them and dismisses them – and does so at our collective peril,” he adds.

Last December, Jahar came home for Christmas break and stayed for several weeks. His friends noticed nothing different about him, except that he was desperately trying to grow a beard – with little success. In early February, he went back to Rindge to work with the wrestling team, where he confided in Theo, who’d also come back to help, that he wished he’d taken wrestling more seriously. He could have been really good had he applied himself a bit more.

At 410 Norfolk St., Tamerlan, once a flashy dresser, had taken to wearing a bathrobe and ratty sweatpants, day after day, while Jahar continued to explore Islam. “I meet the most amazing people,” he tweeted. “My religion is the truth.”

But he also seemed at times to be struggling, suggesting that even his beloved Cambridge had failed him in some way. “Cambridge got some real, genuinely good people, but at the same time this city can be fake as fuck,” he said on January 15th. Also that day: “I don’t argue with fools who say Islam is terrorism it’s not worth a thing, let an idiot remain an idiot.”

According to a transcript from UMass Dartmouth, reviewed by The New York Times, Jahar was failing many of his classes his sophomore year. He was reportedly more than $20,000 in debt to the university. Also weighing on him was the fact that his family’s welfare benefits had been cut in November 2012, and in January, Tamerlan and his wife reportedly lost the Section 8 housing subsidy that had enabled them to afford their apartment, leaving them with the prospect of a move.

Why a person with an extreme or “radical” ideology may decide to commit violence is an inexact science, but experts agree that there must be a cognitive opening of some sort. “A person is angry, and he needs an explanation for that angst,” explains the Soufan Group’s Tom Neer. “Projecting blame is a defense mechanism. Rather than say, ‘I’m lost, I’ve got a problem,’ it’s much easier to find a convenient enemy or scapegoat. The justification comes later – say, U.S. imperialism, or whatever. It’s the explanation that is key.”

For Tamerlan Tsarnaev, the explanation for his anger was all around him. And so, dissuaded from his quest to wage jihad in Dagestan, he apparently turned his gaze upon America, the country that, in his estimation, had caused so much suffering, most of all his own.

In early February, soon after losing his housing subsidy, Tamerlan drove to New Hampshire, where, according to the indictment, he purchased “48 mortars containing approximately eight pounds of low-explosive powder.” Also during this general period, Jahar began downloading Islamic militant tracts to his computer, like the first issue of the Al Qaeda magazine Inspire, which, in an article titled “Make a Bomb in the Kitchen of Your Mom,” offered detailed instructions on how to construct an IED using a pressure cooker, explosive powder from fireworks, and shrapnel, among other readily available ingredients.

Jahar returned home for spring break in March and spent time hanging out with his regular crew. He brought his friend Dias Kadyrbayev home with him, driving Dias’ flashy black BMW with the joke license plate TERRORISTA. He hung out with a few friends and went to the Riv, where they lit off fireworks; he met other friends at a local basketball court, one of his usual haunts. He looked happy and chill, as he always did, and was wearing a new, brown military-style jacket that his friends thought was “swag.” “And that was the last time I saw him,” says Will.

What went on in the apartment at 410 Norfolk during March and early April remains a mystery. “It’s hard to understand how there could be such disassociation in that child,” says Aaronson, who last saw Jahar in January, presumably before the brothers’ plan was set. “They supposedly had an arsenal in that fucking house! In the house! I mean, he could have blown up my whole fucking block, for God’s sakes.”

According to the indictment, the brothers went to a firing range on March 20th, where Jahar rented two 9mm handguns, purchased 200 rounds of ammunition and engaged in target practice with Tamerlan. On April 5th, Tamerlan went online to order electronic components that could be used in making IEDs. Friends of Jahar’s would later tell the FBI that he’d once mentioned he knew how to build bombs. But no one seemed to really take it all that seriously.

“People come into your life to help you, hurt you, love you and leave you and that shapes your character and the person you were meant to be,” Jahar tweeted on March 18th. Two days later: “Evil triumphs when good men do nothing.”

April 7th: “If you have the knowledge and the inspiration all that’s left is to take action.”

April 11th: “Most of you are conditioned by the media.”

The bombs went off four days later.

O
n the afternoon of April 18th, Robel Phillipos, a friend of Jahar’s from Cambridge as well as from UMass Dartmouth, was watching the news on campus and talking on the phone with Dias. He told Dias, who was in his car, to turn on the TV when he got home. One of the bombers, he said, looked like Jahar. Like most of their friends, Dias thought it was a coincidence and texted Jahar that he looked like one of the suspects on television. “Lol,” Jahar wrote back, casually. He told his friend not to text him anymore. “I’m about to leave,” he wrote. “If you need something in my room, take it.”

According to the FBI, Robel, Dias and their friend Azamat met at Pine Dale Hall, Jahar’s dorm, where his roommate informed them that he’d left campus several hours earlier. So they hung out in his room for a while, watching a movie. Then they spotted Jahar’s backpack, which the boys noticed had some fireworks inside, emptied of powder. Not sure what to do, they grabbed the bag as well as Jahar’s computer, and went back to Dias and Azamat’s off-campus apartment, where they “started to freak out, because it became clear from a CNN report . . . that Jahar was one of the Boston Marathon bombers,” Robel later told the FBI.

But no one wanted Jahar to get in trouble. Dias and Azamat began speaking to each other in Russian. Finally, Dias turned to Robel and asked in English if he should get rid of the stuff. “Do what you have to do,” Robel said. Then he took a nap.

Dias later confessed that he’d grabbed a big black trash bag, filled it with trash and stuffed the backpack and fireworks in there. Then he threw it in a dumpster; the bag was later retrieved from the municipal dump by the FBI. The computer, too, was eventually recovered. Until recently, its contents were unknown.

The contents of Jahar’s closely guarded psyche, meanwhile, may never be fully understood. Nor, most likely, will his motivations – which is quite common with accused terrorists. “There is no single precipitating event or stressor,” says Neer. “Instead, what you see with most of these people is a gradual process of feeling alienated or listless or not connected. But what they all have in common is a whole constellation of things that aren’t working right.”

A month or so after the bombing, I am sitting on Alyssa’s back deck with a group of Jahar’s friends. It’s a lazy Sunday in May, and the media onslaught has died down a bit; the FBI, though, is still searching for the source of the brothers’ “radicalization,” and Al Qaeda in the Arabian Peninsula, capitalizing on the situation, has put Tamerlan, dressed in his crisp, white Saturday Night Fever shirt and aviator shades, in the pages of its most recent Inspire. Jahar has a growing and surprisingly brazen fan club – #FreeJahar – and tens of thousands of new Twitter followers, despite the fact that he hasn’t tweeted since before his arrest.

Like so many of his fans, some of Jahar’s friends have latched onto conspiracy theories about the bombing, if only because “there are too many unanswered questions,” says Cara, who points out that the backpack identified by the FBI was not the same color as Jahar’s backpack. There’s also a photo on the Internet of Jahar walking away from the scene, no pack, though if you look closely, you can see the outline of a black strap. “Photoshopped!” the caption reads.

Mostly, though, his friends are trying to move on. “We’re concerned with not having this tied to us for the rest of our lives,” says Alyssa, explaining why she and Sam and Jackson and Cara and Will and James and Theo have insisted I give them pseudonyms. Even as Jahar was on the run, his friends started hearing from the FBI, whose agents shortly descended upon their campuses – sometimes wearing bulletproof vests – looking for insight and phone numbers.

“You’re so intimidated, and you think if you don’t answer their questions, it looks suspicious,” says Jackson, who admits he gave up a number of friends’ phone numbers after being pressed by the FBI.

Sam says he thinks the feds tapped his phone. All of the kids were interviewed alone, without a lawyer. “I didn’t even know I could have a lawyer,” says Jackson. “And they didn’t tell me that anything I said might be used against me, which was unfair, because, I mean, I’m only 19.”

But the worst, they all agree, is Robel, who was interviewed four times by the FBI, and denied he knew anything until, on the fourth interview, he came clean and told them he’d helped remove the backpack and computer from Jahar’s dorm room. Robel is 19 but looks 12, and is unanimously viewed by his friends as the most innocent and sheltered of the group. He is now facing an eight-year prison sentence for lying to a federal officer.

“So you see why we don’t want our names associated,” says Sam. “It’s not that we’re trying to show that we’re not Jahar’s friends. He was a very good friend of mine.”

J
ahar is, of course, still alive – though it’s tempting for everyone to refer to him in the past tense, as if he, too, were dead. He will likely go to prison for the rest of his life, which may be his best possible fate, given the other option, which is the death penalty. “I can’t wrap my head around that,” says Cara. “Or any of it.”

Nor can anyone else. For all of their city’s collective angst and community processing and resolutions of being “one Cambridge,” the reality is that none of Jahar’s friends had any idea he was unhappy, and they really didn’t know he had any issues in his family other than, perhaps, his parents’ divorce, which was kind of normal.

“I remember he was upset when his dad left the country,” says Jackson. “I remember he was giving me a ride home and he mentioned it.”

“Now that I think about that, it must have added a lot of pressure having both parents be gone,” says Sam.

“But, I mean, that’s the mystery,” says Jackson. “I don’t really know.” It’s weird, they all agree.

“His brother must have brainwashed him,” says Sam. “It’s the only explanation.”

Someone mentions one of the surveillance videos of Jahar, which shows him impassively watching as people begin to run in response to the blast. “I mean, that’s just the face I’d always see chilling, talking, smoking,” says Jackson. He wishes Jahar had looked panicked. “At least then I’d be able to say, ‘OK, something happened.’ But . . . nothing.”

That day’s Boston Globe has run a story about the nurses at Beth Israel Deaconess Hospital who took care of Jahar those first few days after his capture. They were ambivalent, to say the least, about spending too much time with him, for fear of, well, liking him. One nurse said she had to stop herself from calling him “hon.” The friends find this story disgusting. “People just have blood in their eyes,” says Jackson.

One anecdote that wasn’t in the article but that has been quietly making its way around town, via one of his former nurses, is that Jahar cried for two days straight after he woke up in the hospital. No one in the group has heard this yet, and when I mention it, Alyssa gives an anguished sigh of relief. “That’s good to know,” she says.

“I can definitely see him doing that,” says Sam, gratefully. “I hope he’s crying. I’d definitely hope . . .”

“I hope he’d wake up and go, ‘What the fuck did I do the last 48 hours?’ ” says Jackson, who decides, along with the others, that this, the crying detail, sounds like Jahar.

But, then again, no one knows what he was crying about.

by Janet Reitman
JULY 17, 2013

Find this story at 17 July 2013

Copyright ©2013 Rolling Stone

This handout photo provided by Jamill Noorata, taken May 3, 2012, shows Shamiur Rahman, left, sitting with Siraj Wahhaj at John Jay Community College in New York. Rahman, a 19-year-old American of Bengali descent who has now denounced his work, was a paid informant for the New York Police Department’s intelligence unit was under orders to “bait” Muslims into saying bad things as he lived a double life, snapping pictures inside mosques and collecting the names of innocent people attending study groups on Islam, he told The Associated Press. (AP Photo/Courtesy of Jamill Noorata)
NEW YORK — A paid informant for the New York Police Department’s intelligence unit was under orders to “bait” Muslims into saying inflammatory things as he lived a double life, snapping pictures inside mosques and collecting the names of innocent people attending study groups on Islam, he told The Associated Press.

Shamiur Rahman, a 19-year-old American of Bangladeshi descent who has now denounced his work as an informant, said police told him to embrace a strategy called “create and capture.” He said it involved creating a conversation about jihad or terrorism, then capturing the response to send to the NYPD. For his work, he earned as much as $1,000 a month and goodwill from the police after a string of minor marijuana arrests.

“We need you to pretend to be one of them,” Rahman recalled the police telling him. “It’s street theater.”

Rahman said he now believes his work as an informant against Muslims in New York was “detrimental to the Constitution.” After he disclosed to friends details about his work for the police — and after he told the police that he had been contacted by the AP — he stopped receiving text messages from his NYPD handler, “Steve,” and his handler’s NYPD phone number was disconnected.

Rahman’s account shows how the NYPD unleashed informants on Muslim neighborhoods, often without specific targets or criminal leads. Much of what Rahman said represents a tactic the NYPD has denied using.

The AP corroborated Rahman’s account through arrest records and weeks of text messages between Rahman and his police handler. The AP also reviewed the photos Rahman sent to police. Friends confirmed Rahman was at certain events when he said he was there, and former NYPD officials, while not personally familiar with Rahman, said the tactics he described were used by informants.

Informants like Rahman are a central component of the NYPD’s wide-ranging programs to monitor life in Muslim neighborhoods since the 2001 terrorist attacks. Police officers have eavesdropped inside Muslim businesses, trained video cameras on mosques and collected license plates of worshippers. Informants who trawl the mosques — known informally as “mosque crawlers” — tell police what the imam says at sermons and provide police lists of attendees, even when there’s no evidence they committed a crime.

The programs were built with unprecedented help from the CIA.

Police recruited Rahman in late January, after his third arrest on misdemeanor drug charges, which Rahman believed would lead to serious legal consequences. An NYPD plainclothes officer approached him in a Queens jail and asked whether he wanted to turn his life around.

The next month, Rahman said, he was on the NYPD’s payroll.

NYPD spokesman Paul Browne did not immediately return a message seeking comment on Tuesday. He has denied widespread NYPD spying, saying police only follow leads.

In an Oct. 15 interview with the AP, however, Rahman said he received little training and spied on “everything and anyone.” He took pictures inside the many mosques he visited and eavesdropped on imams. By his own measure, he said he was very good at his job and his handler never once told him he was collecting too much, no matter whom he was spying on.

Rahman said he thought he was doing important work protecting New York City and considered himself a hero.

One of his earliest assignments was to spy on a lecture at the Muslim Student Association at John Jay College of Criminal Justice in Manhattan. The speaker was Ali Abdul Karim, the head of security at the Masjid At-Taqwa mosque in Brooklyn. The NYPD had been concerned about Karim for years and already had infiltrated the mosque, according to NYPD documents obtained by the AP.

Rahman also was instructed to monitor the student group itself, though he wasn’t told to target anyone specifically. His NYPD handler, Steve, told him to take pictures of people at the events, determine who belonged to the student association and identify its leadership.

On Feb. 23, Rahman attended the event with Karim and listened, ready to catch what he called a “speaker’s gaffe.” The NYPD was interested in buzz words such as “jihad” and “revolution,” he said. Any radical rhetoric, the NYPD told him, needed to be reported.

John Jay president Jeremy Travis said Tuesday that police had not told the school about the surveillance. He did not say whether he believed the tactic was appropriate.

“As an academic institution, we are committed to the free expression of ideas and to creating a safe learning environment for all of our students,” he said in a written statement. “We are working closely with our Muslim students to affirm their rights and to reassure them that we support their organization and freedom to assemble.”

Talha Shahbaz, then the vice president of the student group, met Rahman at the event. As Karim was finishing his talk on Malcolm X’s legacy, Rahman told Shahbaz that he wanted to know more about the student group. They had briefly attended the same high school in Queens.

Rahman said he wanted to turn his life around and stop using drugs, and said he believed Islam could provide a purpose in life. In the following days, Rahman friended him on Facebook and the two exchanged phone numbers. Shahbaz, a Pakistani who came to the U.S. more three years ago, introduced Rahman to other Muslims.

“He was telling us how he loved Islam and it’s changing him,” said Asad Dandia, who also became friends with Rahman.

Secretly, Rahman was mining his new friends for details about their lives, taking pictures of them when they ate at restaurants and writing down license plates on the orders of the NYPD.

On the NYPD’s instructions, he went to more events at John Jay, including when Siraj Wahhaj spoke in May. Wahhaj, 62, is a prominent but controversial New York imam who has attracted the attention of authorities for years. Prosecutors included his name on a 3 ½-page list of people they said “may be alleged as co-conspirators” in the 1993 World Trade Center bombing, though he was never charged. In 2004, the NYPD placed Wahhaj on an internal terrorism watch list and noted: “Political ideology moderately radical and anti-American.”

That evening at John Jay, a friend took a photograph of Wahhaj with a grinning Rahman.

Rahman said he kept an eye on the MSA and used Shahbaz and his friends to facilitate traveling to events organized by the Islamic Circle of North America and Muslim American Society. The society’s annual convention in Hartford, Connecticut, draws a large number of Muslims and plenty of attention from the NYPD. According to NYPD documents obtained by the AP, the NYPD sent three informants there in 2008 and was keeping tabs on the group’s former president.

Rahman was told to spy on the speakers and collect information. The conference was dubbed “Defending Religious Freedom.” Shahbaz paid Rahman’s travel expenses.

Rahman, who was born in Queens, said he never witnessed any criminal activity or saw anybody do anything wrong.

He said he sometimes intentionally misinterpreted what people had said. For example, Rahman said he would ask people what they thought about the attack on the U.S. Consulate in Libya, knowing the subject was inflammatory. It was easy to take statements out of context, he said. He said wanted to please his NYPD handler, whom he trusted and liked.

“I was trying to get money,” Rahman said. “I was playing the game.”

Rahman said police never discussed the activities of the people he was assigned to target for spying. He said police told him once, “We don’t think they’re doing anything wrong. We just need to be sure.”

On some days, Rahman’s spent hours and covered miles (kilometers) in his undercover role. On Sept. 16, for example, he made his way in the morning to the Al Farooq Mosque in Brooklyn, snapping photographs of an imam and the sign-up sheet for those attending a regular class on Islamic instruction. He also provided their cell phone numbers to the NYPD. That evening he spied on people at Masjid Al-Ansar, also in Brooklyn.

Text messages on his phone showed that Rahman also took pictures last month of people attending the 27th annual Muslim Day Parade in Manhattan. The parade’s grand marshal was New York City Councilman Robert Jackson.

Rahman said he eventually tired of spying on his friends, noting that at times they delivered food to needy Muslim families. He said he once identified another NYPD informant spying on him. He took $200 more from the NYPD and told them he was done as an informant. He said the NYPD offered him more money, which he declined. He told friends on Facebook in early October that he had been a police spy but had quit. He also traded Facebook messages with Shahbaz, admitting he had spied on students at John Jay.

“I was an informant for the NYPD, for a little while, to investigate terrorism,” he wrote on Oct. 2. He said he no longer thought it was right. Perhaps he had been hunting terrorists, he said, “but I doubt it.”

Shahbaz said he forgave Rahman.

“I hated that I was using people to make money,” Rahman said. “I made a mistake.”

___

Staff writer David Caruso in New York contributed to this story.

By ADAM GOLDMAN and MATT APUZZO
Oct. 23, 2012

Find this story at 23 October 2012

 
© 2013 The Associated Press. All rights reserved. Terms and conditions apply. See AP.org for details.

NEW YORK (AP) — When a Danish newspaper published inflammatory cartoons of Prophet Muhammad in September 2005, Muslim communities around the world erupted in outrage. Violent mobs took to the streets in the Middle East. A Somali man even broke into the cartoonist’s house in Denmark with an ax.

In New York, thousands of miles away, it was a different story. At the Masjid Al-Falah in Queens, one leader condemned the cartoons but said Muslims should not resort to violence. Speaking at the Masjid Dawudi mosque in Brooklyn, another called on Muslims to speak out against the cartoons, but peacefully.

The sermons, all protected under the First Amendment to the Constitution, were reported back to the NYPD by the department’s network of mosque informants. They were compiled in police intelligence reports and summarized for Police Commissioner Raymond Kelly.

Those documents offer the first glimpse of what the NYPD’s informants — known informally as “mosque crawlers” — gleaned from inside the houses of worship. And, along with hundreds of pages of other secret NYPD documents obtained by The Associated Press, they show police targeting mosques and their congregations with tactics normally reserved for criminal organizations.

They did so in ways that brushed against — and civil rights lawyers say at times violated — a federal court order restricting how police can gather intelligence.

The NYPD Intelligence Division snapped pictures and collected license plate numbers of congregants as they arrived to pray. Police mounted cameras on light poles and aimed them at mosques. Plainclothes detectives mapped and photographed mosques and listed the ethnic makeup of those who prayed there.

“It seems horrible to me that the NYPD is treating an entire religious community as potential terrorists,” said civil rights lawyer Jethro Eisenstein, who reviewed some of the documents and is involved in a decades-old, class-action lawsuit against the police department for spying on protesters and political dissidents. The lawsuit is known as the Handschu case.

The documents provide a fuller picture of the NYPD’s unapologetic approach to protecting the city from terrorism. Eisenstein said he believes that at least one document, the summary of statements about the Danish cartoons, showed that the NYPD is not following a court order that prohibits police from compiling records on people who are simply exercising their First Amendment rights.

“This is a flat-out violation,” Eisenstein said. “This is a smoking gun.”

Kelly, the police commissioner, has said the NYPD complies with its legal obligations: “We’re following the Handschu guidelines,” Kelly said in October during a rare City Council oversight hearing about the NYPD surveillance of Muslims.

The AP has reported for months that the NYPD infiltrated mosques, eavesdropped in cafes and monitored Muslim neighborhoods. New Muslim converts who took Arabic names were compiled in police databases.

Recently, the NYPD has come under fire for its tactics. Universities including Yale and Columbia have criticized the department for infiltrating Muslim student groups and trawling their websites. Police put the names of students and academics in reports even when they were not suspected of wrongdoing. And in Newark, N.J., Mayor Cory Booker said he was offended by the NYPD’s secret surveillance of his city’s Muslims.

After the AP revelations, U.S. Sen. Robert Menendez (D-N.J.) called on U.S. Attorney General Eric Holder to look into the NYPD operation in Newark. U.S. Rep. Bill Pascrell, Jr. (D-NJ), said the NYPD shouldn’t be operating in New Jersey without notifying local and federal authorities.

In a statement, Pascrell said profiling was wrong: “We must focus on behavioral profiling rather ethnic or religious profiling.”

NYPD spokesman Paul Browne did not respond to an email seeking comment. Browne has previously denied the NYPD used mosque crawlers or that there was a secret Demographics Unit that monitored daily life in Muslim communities.

At a press event on Thursday, Mayor Michael Bloomberg refused to answer questions about the NYPD’s activities.

The NYPD spying operations began after the 2001 terror attacks with unusual help from a CIA officer. The agency’s inspector general recently found that relationship problematic but said no laws were broken. Shortly after that report, the CIA decided to cut short the yearlong tour of an operative who was recently assigned to the NYPD.

Kelly, the police commissioner, and Bloomberg have been emphatic that police only follow legitimate leads of criminal activity and do not conduct preventive surveillance in ethnic communities.

“If there are threats or leads to follow, then the NYPD’s job is to do it,” Bloomberg said last year. “The law is pretty clear about what’s the requirement, and I think they follow the law. We don’t stop to think about the religion. We stop to think about the threats and focus our efforts there.”

But former and current law enforcement officials either involved in or with direct knowledge of these programs say they did not follow leads. The officials spoke on condition of anonymity because they were not authorized to discuss the secret programs. But the documents support their claims.

Officials say that David Cohen, the deputy commissioner for intelligence, was at the center of the efforts to spy on the mosques.

“Take a big net, throw it out, catch as many fish as you can and see what we get,” one investigator recalled Cohen saying.

The effort highlights one of the most difficult aspects of policing in the age of terrorism. Solving crimes isn’t enough. Police are expected to identify would-be terrorists and move in before they can attack.

There are no universally agreed upon warning signs for terrorism. Terrorists have used Internet cafes, stayed in hostels, worked out at gyms, visited travel agencies, attended student groups and prayed at mosques. So, the NYPD monitored those areas. In doing so, they monitored many innocent people as they went about their daily lives.

Using plainclothes officers from the Demographics Unit, police swept Muslim neighborhoods and catalogued the location of mosques, identifying them on maps with crescent moon icons, the well-known symbol of Islam. The ethnic makeup of each congregation was logged as police fanned out across the city and outside their jurisdiction, into suburban Long Island and areas of New Jersey.

“African American, Arab, Pakistani,” police wrote beneath the photo of one mosque in Newark.

“Mosque in private house without any signs. Observed 25 to 30 worshipers exiting after Jumma prayers,” police wrote beneath another Newark mosque photo.

As the Demographics Unit catalogued Internet cafes, hostels, grocers and travel agencies, officers noted how close the businesses were to mosques.

Investigators looked at mosques as the center of Muslim life. All their connections had to be known.

Cohen wanted a source inside every mosque within a 250-mile radius of New York, current and former officials said. Though the officials said they never managed to reach that goal, documents show the NYPD successfully placed informants or undercovers — sometimes both — into mosques from Westchester County, N.Y., to New Jersey.

The NYPD used these sources to get a sense of the sentiment of worshippers whenever an event generated headlines. The goal, former officials said, was to alert police to potential problems before they bubbled up.

After the fallout from the Danish cartoons, for instance, the informants reported on more than a dozen conversations inside mosques.

Some suggested boycotting Danish products, burning flags, contacting politicians and holding rallies — all permissible under the law.

“Imam Shamsi Ali brought up the topic of the cartoon, condemning them. He announced a rally that was to take place on Sunday (02/05/06) near the United Nations. He asked that everyone to attend if possible and reminded everyone to keep their poise if they can make it,” according to a report prepared for Kelly.

At the Muslim Center Of New York in Queens, the report said, “Mohammad Tariq Sherwani led the prayer service and urged those in attendance to participate in a demonstration at the United Nations on Sunday.”

When one Muslim leader suggested they plan a demonstration, a person involved in the discussion to obtain a sound permit was, in fact, working for the NYPD.

All that was recorded in secret NYPD files.

The closest anyone in the report came to espousing violence was one man who, in a conversation with an NYPD informant, said the cartoons showed the West was at war with Islam. Asked what Muslims should do, he replied, “inqilab,” an Arabic word that means changing the political system. Depending on the context, that can mean peacefully or through an upheaval like a coup. The report, which spelled the word “Inqlab,” said the informant translated it as “fight” but the report does not elaborate further.

Even when it was clear there were no links to terrorism, the mosque informants gave the NYPD the ability to “take the pulse” of the community, as Cohen and other managers called it.

When New York Yankees pitcher Cory Lidle and his flight instructor were killed Oct. 11, 2006, when their small plane crashed into a Manhattan high-rise apartment, fighter planes were scrambled. Within hours the FBI and Department of Homeland Security said it was an accident. Terrorism was ruled out.

Yet for days after the event, the NYPD’s mosque crawlers reported to police about what they heard at sermons and among worshippers.

At the Brooklyn Islamic Center, a confidential informant “noted chatter among the regulars expressing relief and thanks to God that the crash was only an accident and not an act of terrorism, which they stated would not be good either for the U.S. or for any of their home countries.”

Across the Hudson River in Jersey City, an undercover officer reported a pair of worshippers at the Al-Tawheed Islamic Center reacted with “sorrow.”

“The worshippers made remarks to the effect that ‘it better be an accident; we don’t need any more heat,'” the officer reported.

Another informant told his handler about a man who became agitated after learning about the crash. The man urged the informant not to go into Manhattan until it was clear what was going on, the informant said.

Five days after the crash, long after concerns that it was terrorism had passed, the NYPD compiled these reports into a memo for Kelly. The report promised to investigate the man who had appeared agitated.

“A phone dump will be conducted on subject’s phone for that day and time period,” the memo said.

In some instances, the NYPD put cameras on light poles and trained them on mosques, documents show. Investigators could control the cameras with their computers and use the footage to help identify worshippers. Because the cameras were in public space, police didn’t need a warrant to conduct the surveillance.

If the NYPD badly wanted to know who was attending the mosque, they could write down the license plates of cars in the mosque parking lots, documents show. In some instances, police in unmarked cars outfitted with electronic license plate readers would drive down the street and record the plates of everyone parked near the mosque.

Abdul Akbar Mohammed, the imam for the past eight years at the Masjid Imam Ali K. Muslim, a mosque in Newark that was cataloged in NYPD’s files, said of the program: “They’re viewing Muslims like they’re crazy. They’re terrorists. They all must be fanatics.”

“That’s not right,” he said.

In 2006, the NYPD ordered surveillance at the Masjid Omar, a mosque in Paterson, N.J., a document shows. There’s no indication that the surveillance team was looking for anyone in particular. The mosque itself was the target.

“This is reportedly to be a mosque that is attended by both Palestinian and Chechen worshipers,” the document reads. “This mosque has a long history in the community and is believed to have been the subject of federal Investigations.” Federal law enforcement officials told the AP that the mosque itself was never under federal investigation and they were unaware the NYPD was monitoring it so closely.

Police were instructed to watch the mosque and, as people came and went from the Friday prayer service, investigators were to record license plates and photograph and videotape those attending.

“Pay special attention to all NY State license plates,” the document said.

The brief file offered no evidence of criminal activity.

To conduct such broad surveillance as the NYPD did at Masjid Omar, FBI agents would need to believe that the mosque itself was part of a criminal enterprise. Even then, federal agents would need approval from senior FBI and Justice Department officials.

At the NYPD, however, such monitoring was common, former police officials said.

The Omar mosque sits in central Paterson in a neighborhood heavily populated by Palestinians, Egyptians and other Arabs. It’s about 20 miles west of Manhattan. About 2,000 worshippers meet regularly at the Sunni mosque, which was once a church.

On a recent Friday, the three-story high, cream-colored mosque bustled with activity.

About 200 men crowded the crimson carpet in the main hall as Imam Abdelkhaliq El-Nerib led prayers from a gold-painted pulpit at the front of the room. Wall hangings with Arabic script and geometric patterns hung on either side of the pulpit. Dozens more worshippers knelt on a blue tarp spread outside. The mosque has two services on Fridays to accommodate the large congregation.

“We’re not committing a crime, so of course we take issue with them spying on our people just because they’re praying in the mosque,” El Nerib said through a translator. “To track people who are frequent visitors to the mosque simply because they are coming to the mosque negates the freedom of religion that is a fundamental right enshrined in this country’s Constitution.”

Members of the mosque pointed out errors in the police document. The address, for instance, is wrong. And though the document says Chechens attended the mosque, worshippers said they had never heard of any. Most attendees are Palestinian, said El-Nerib, who’s Egyptian.

El-Nerib said he has a good relationship with local police. He, like others interviewed at the mosque, said they have nothing to hide.

“Whether it’s in public or private, we say the same thing: We are loyal American citizens,” El-Nerib said. “We are part and parcel of this society. We have lived here, we have found nothing but safety and security and protection of our rights.”

___

Associated Press writers Chris Hawley and Eileen Sullivan contributed to this report.

Online:

View the NYPD documents: www.ap.org/nypd

NYPD cartoons: http://apne.ws/zVwtCt

NYPD Omar: http://apne.ws/wsrSvN

NYPD crash: http://apne.ws/xB9kVM

___

ADAM GOLDMAN and MATT APUZZO
Feb. 23, 2012

Find this story at 23 Februari 2012

Contact the Washington investigative team at DCinvestigations (at) ap.org

Follow Apuzzo and Goldman at http://twitter.com/mattapuzzo and http://twitter.com/goldmandc

© 2013 The Associated Press. All rights reserved. Terms and conditions apply. See AP.org for details.

NEW YORK (AP) — From an office on the Brooklyn waterfront in the months after the Sept. 11, 2001, terrorist attacks, New York Police Department officials and a veteran CIA officer built an intelligence-gathering program with an ambitious goal: to map the region’s ethnic communities and dispatch teams of undercover officers to keep tabs on where Muslims shopped, ate and prayed.

The program was known as the Demographics Unit and, though the NYPD denies its existence, the squad maintained a long list of “ancestries of interest” and received daily reports on life in Muslim neighborhoods, according to documents obtained by The Associated Press.

The documents offer a rare glimpse into an intelligence program shaped and steered by a CIA officer. It was an unusual partnership, one that occasionally blurred the line between domestic and foreign spying. The CIA is prohibited from gathering intelligence inside the U.S.

Undercover police officers, known as rakers, visited Islamic bookstores and cafes, businesses and clubs. Police looked for businesses that attracted certain minorities, such as taxi companies hiring Pakistanis. They were told to monitor current events, keep an eye on community bulletin boards inside houses of worship and look for “hot spots” of trouble.

The Demographics Unit, a team of 16 officers speaking at least five languages, is the only squad of its kind known to be operating in the country.

Using census information and government databases, the NYPD mapped ethnic neighborhoods in New York, New Jersey and Connecticut. Rakers then visited local businesses, chatting up store owners to determine their ethnicity and gauge their sentiment, the documents show. They played cricket and eavesdropped in the city’s ethnic cafes and clubs.

When the CIA would launch drone attacks in Pakistan, the NYPD would dispatch rakers to Pakistani neighborhoods to listen for angry rhetoric and anti-American comments, current and former officials involved in the program said.

The rakers were looking for indicators of terrorism and criminal activity, the documents show, but they also kept their eyes peeled for other common neighborhood sites such as religious schools and community centers.

The focus was on a list of 28 countries that, along with “American Black Muslim,” were considered “ancestries of interest.” Nearly all were Muslim countries.

Mayor Michael Bloomberg said last week that the NYPD does not take religion into account in its policing. The inclusion of American black Muslims on the list of ancestries of interest suggests that religion was at least a consideration. On Wednesday, Bloomberg’s office referred questions to the police department.

How law enforcement agencies, both local and federal, can stay ahead of Islamic terrorists without using racial profiling techniques has been hotly debated since 9/11. Singling out minorities for extra scrutiny without evidence of wrongdoing has been criticized as discriminatory. Not focusing on Muslim neighborhoods has been equally criticized as political correctness run amok. The documents describe how the nation’s largest police force has come down on that issue.

NYPD spokesman Paul Browne said the department only follows leads and does not simply trawl communities.

“We do not employ undercovers or confidential informants unless there is information indicating the possibility of unlawful activity,” Browne wrote in an email to the AP.

That issue has legal significance. The NYPD says it follows the same guidelines as the FBI, which cannot use undercover agents to monitor communities without first receiving an allegation or indication of criminal activity.

Before The Associated Press revealed the existence of the Demographics Unit last week, Browne said neither the Demographics Unit nor the term “rakers” exist. Both are contained in the documents obtained by the AP.

An NYPD presentation, delivered inside the department, described the mission and makeup of the Demographics Unit. And a police memorandum from 2006 described an NYPD supervisor rebuking an undercover detective for not doing a good enough job reporting on community events and “rhetoric heard in cafes and hotspot locations.”

At least one lawyer inside the police department has raised concerns about the Demographics Unit, current and former officials told the AP. Because of those concerns, the officials said, the information gathered from the unit is kept on a computer at the Brooklyn Army Terminal, not in the department’s normal intelligence database. The officials spoke on condition of because they were not authorized to discuss the intelligence programs.

The AP independently authenticated the NYPD presentation through an interview with an official who sat through it and by reviewing electronic data embedded in the file. A former official who had not seen the presentation said the content of the presentation was correct. For the internal memo, the AP verified the names and locations mentioned in the document, and the content is consistent with a program described by numerous current and former officials.

In the two years following the 9/11 attacks, the NYPD Intelligence Division had an unusual partnership with Lawrence Sanchez, a respected veteran CIA officer who was dispatched to New York. Officials said he was instrumental in creating programs such as the Demographics Unit and met regularly with unit supervisors to guide the effort, all while on the CIA’s payroll.

Both the NYPD and CIA have said the agency is not involved in domestic spying. A U.S. official familiar with the NYPD-CIA partnership described Sanchez’s time in New York as a unique assignment created in the wake of the 9/11 attacks.

After a two-year CIA rotation in New York, Sanchez took a leave of absence, came off the agency’s payroll and became the NYPD’s second-ranking intelligence official. He formally left the agency in 2007 and stayed with the NYPD until last year.

Recently, the CIA dispatched another officer to work in the Intelligence Division as an assistant to Deputy Commissioner David Cohen. Officials described the assignment as a management sabbatical and said the officer’s job is much different from what Sanchez was doing. Police and the CIA said it’s the kind of counterterrorism collaboration Americans expect.

The NYPD Intelligence Division has unquestionably been essential to the city’s best counterterrorism successes, including the thwarted plot to bomb the subway system in 2004. Undercover officers also helped lead to the guilty plea of two men arrested on their way to receive terrorism training in Somalia.

“We throw 1,200 police officers into the fight every day to make sure the same people or similarly inspired people who killed 3,000 New Yorkers a decade ago don’t come back and do it again,” Browne said earlier this month when asked about the NYPD’s intelligence tactics.

Rep. Yvette Clarke, a Democrat who represents much of Brooklyn and sits on the House Homeland Security Committee, said the NYPD can protect the city without singling out specific ethnic and religious groups. She joined Muslim organizations in calling for a Justice Department investigation into the NYPD Intelligence Division. The department said it would review the request for an investigation.

Clarke acknowledged that the 2001 terrorist attacks made Americans more willing to accept aggressive tactics, particularly involving Muslims. But she said Americans would be outraged if police infiltrated Baptist churches looking for evangelical Christian extremists.

“There were those who, during World War II, said, `Good, I’m glad they’re interning all the Japanese-Americans who are living here,'” Clarke said. “But we look back on that period with disdain.”
___

Online:

View the NYPD documents: http://bit.ly/q5iIXL and http://bit.ly/mVNdD

MATT APUZZO and ADAM GOLDMAN
Aug. 31, 2011

Find this story at 31 August 2011

_Goldman contributed from Islamabad, Pakistan. Apuzzo and Goldman can be reached at dcinvestigations(at)ap.org or at http://twitter.com/mattapuzzo and http://twitter.com/goldmandc

© 2013 The Associated Press. All rights reserved. Terms and conditions apply. See AP.org for details.

NEW YORK (AP) _ In New Brunswick, N.J., a building superintendent opened the door to apartment No. 1076 one balmy Tuesday 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 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.

A veteran CIA officer, while still on the agency’s payroll, was the architect of the NYPD’s intelligence programs. The CIA trained a police detective at the Farm, the agency’s spy school in Virginia, then returned him to New York, where he put his new espionage skills to work inside the United States.

And just last month, the CIA sent a senior officer to work as a clandestine operative inside police headquarters.

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.

“Post-9/11, we needed someone in there who knew how to really gather intelligence,” said John Cutter, a retired NYPD official who served as one of Cohen’s top uniformed officers.

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.

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.

While Cohen was being shaped by the police department, his CIA background was remaking the department. But one significant barrier stood in the way of Cohen’s vision.

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 until now, became known inside the department as the Demographic Unit, former police officials said.

“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, 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.

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 their 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.

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.

“It’s like starting the CIA over in the post-9/11 world,” Cohen said in “Protecting the City,” a laudatory 2009 book about the NYPD. “What would you do if you could begin it all over again? Hah. This is what you would do.”

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.

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.

The federal government, too, has done little to scrutinize the nation’s largest police force, despite the massive federal aid. Homeland Security officials review NYPD grants but not its underlying programs.

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.”

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.”

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MATT APUZZO AND ADAM GOLDMAN
Aug. 23, 2011

Find this story at 23 August 2011

Associated Press writers Tom Hays and Eileen Sullivan in Washington contributed to this report.
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