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.”

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

WASHINGTON (AP) — Three months ago, one of the CIA’s most experienced clandestine operatives started work inside the New York Police Department. His title is special assistant to the deputy commissioner of intelligence. On that much, everyone agrees.

Exactly what he’s doing there, however, is much less clear.

Since The Associated Press revealed the assignment in August, federal and city officials have offered differing explanations for why this CIA officer — a seasoned operative who handled foreign agents and ran complex operations in Jordan and Pakistan — was assigned to a municipal police department. The CIA is prohibited from spying domestically, and its unusual partnership with the NYPD has troubled top lawmakers and prompted an internal investigation.

His role is important because the last time a CIA officer worked so closely with the NYPD, beginning in the months after the 9/11 attacks, he became the architect of aggressive police programs that monitored Muslim neighborhoods. With the earlier help from this CIA official, the police put entire communities under the microscope based on ethnicity rather allegations of wrongdoing, according to the AP investigation.

It was an extraordinary collaboration that at times troubled some senior CIA officials and may have stretched the bounds of how the CIA is legally allowed to operate in the United States.

The arrangement surrounding the newly arrived CIA officer has been portrayed differently than that of his predecessor. When first asked by the AP, a senior U.S. official described the posting as a sabbatical, a program aimed at giving the man in New York more management training.

Testifying at City Hall recently, New York Police Commissioner Raymond Kelly said the CIA operative provides his officers “with information, usually coming from perhaps overseas.” He said the CIA operative provides “technical information” to the NYPD but “doesn’t have access to any of our investigative files.”

CIA Director David Petraeus has described him as an adviser, someone who could ensure that information was being shared.

But the CIA already has someone with that job. At its large station in New York, a CIA liaison shares intelligence with the Joint Terrorism Task Force in New York, which has hundreds of NYPD detectives assigned to it. And the CIA did not explain how, if the officer doesn’t have access to NYPD files, he is getting management experience in a division built entirely around collecting domestic intelligence.

James Clapper, the director of national intelligence, mischaracterized him to Congress as an “embedded analyst” — his office later quietly said that was a mistake — and acknowledged it looked bad to have the CIA working so closely with a police department.

All of this has troubled lawmakers, including Sen. Dianne Feinstein, D-Calif., the chairwoman of the Senate Intelligence Committee, who has said the CIA has “no business or authority in domestic spying, or in advising the NYPD how to conduct local surveillance.”

“It’s really important to fully understand what the nature of the investigations into the Muslim community are all about, and also the partnership between the local police and the CIA,” said Rep. Jan Schakowsky, D-Ill., a member of the House Intelligence Committee.

Still, the undercover operative remains in New York while the agency’s inspector general investigates the CIA’s decade-long relationship with the NYPD. The CIA has asked the AP not to identify him because he remains a member of the clandestine service and his identity is classified.

The CIA’s deep ties to the NYPD began after the attacks of Sept. 11, 2001, when CIA Director George Tenet dispatched a veteran officer, Larry Sanchez, to New York, where he became the architect of the police department’s secret spying programs.

While still on the agency payroll, Sanchez, a CIA veteran who spent 15 years overseas in the former Soviet Union, South Asia, and the Middle East, instructed officers on the art of collecting information without attracting attention. He directed officers and reviewed case files.

Sometimes, officials said, intelligence collected from NYPD’s operations was passed informally to the CIA.

Sanchez also hand-picked an NYPD detective to attend the “Farm,” the CIA’s training facility where its officers are turned into operatives. The detective, who completed the course but failed to graduate, returned to the police department where he works today armed with the agency’s famed espionage skills.

Also while under Sanchez’s direction, documents show that the NYPD’s Cyber Intelligence Unit, which monitors domestic and foreign websites, also conducted training sessions for the CIA.

Sanchez was on the CIA payroll from 2002 to 2004 then took a temporary leave of absence from the CIA to become deputy to David Cohen, a former senior CIA officer who became head of the NYPD intelligence division just months after the 9/11 attacks.

In 2007, the CIA’s top official in New York complained to headquarters that Sanchez was wearing two hats, sometimes operating as an NYPD official, sometimes as a CIA officer. At headquarters, senior officials agreed and told Sanchez he had to choose.

He formally left the CIA, staying on at the NYPD until late 2010. He now works as a security consultant in the Persian Gulf region.

Sanchez’s departure left Cohen scrambling to find someone with operational experience who could replace him. He approached several former CIA colleagues about taking the job but they turned him down, according to people familiar with the situation who, like others interviewed for this story, spoke on condition of anonymity to discuss the department’s inner workings.

When they refused, Cohen persuaded the CIA to send the current operative to be his assistant.

He arrived with an impressive post-9/11 resume. He had been the station chief in Pakistan and then Jordan, two stations that served as focal points in the war on terror, according to current and former officials who worked with him. He also was in charge of the agency’s Counter Proliferation Division.

But he is no stranger to controversy. Former U.S. intelligence officials said he was nearly expelled from Pakistan after an incident during President George W. Bush’s first term. Pakistan became enraged after sharing intelligence with the U.S., only to learn that the CIA station chief passed that information to the British.

Then, while serving in Amman, the station chief was directly involved in an operation to kill al-Qaida’s then-No. 2, Ayman al-Zawahri. But the plan backfired badly. The key informant who promised to lead the CIA to al-Zawahiri was in fact a double agent working for al-Qaida.

At least one CIA officer saw problems in the case and warned the station chief but, as recounted in a new book “The Triple Agent” by Washington Post reporter Joby Warrick, the station chief decided to push ahead anyway.

The informant blew himself up at remote CIA base in Khost, Afghanistan, in December 2009. He managed to kill seven CIA employees, including the officer who had warned the station chief, and wound six others. Leon Panetta, the CIA director at the time, called it a systemic failure and decided no one person was at fault.

___

ADAM GOLDMAN AND MATT APUZZO
ct. 17, 2011

Find this story at 17 August 2011

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

Read AP’s previous stories and documents about the NYPD at: http://www.ap.org/nypd

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

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

Central Intelligence Agency operatives on the ground during the Sept. 11, 2011, fatal attack on America’s embassy in Benghazi have since been subjected to so many lie detector tests that several sources say they’re being bullied and threatened into silence.

Some of the agents on the ground that day have been ordered to take multiple polygraph tests since January — and for some, it’s been a monthly detail, The Daily Mail reported.

The paper cited sources with direct knowledge of the situation and said agents are being asked questions like: Are you talking about Benghazi with the media? Are you talking about the attacks with members of Congress?

A source who spoke to CNN described the queries and polygraphs as “unprecedented,” and added, “You have no idea the amount of pressure being brought to bear on anyone with knowledge of this operation.”

Another source said the CIA was exerting “pure intimidation” to silence the agents, The Daily Mail reported.

CNN analyst Robert Baer said CIA operatives are normally subjected to internal agency questioning and lie detector tests once every few years, “never more than that,” The Daily Mail said.

“If somebody is being polygraphed every month, or every two months, it’s called an issue polygraph, and that means that the polygraph division suspects something, or they’re looking for something, or they’re on a fishing expedition,” Mr. Baer said, in the report. “But it’s absolutely not routine at all to be polygraphed monthly, or bimonthly.”

CIA spokesman Dean Boyd said the agency is not hiding anything.

“CIA employees are always free to speak to Congress if they want,” he said in a statement reported by The Daily Mail. “We are not aware of any CIA employee who has experienced retaliation, including any non-routine security procedures, or who has been prevented from sharing a concern with Congress about the Benghazi incident.”

CNN reported that up to 35 CIA agents had been on the ground in Benghazi as the attack progressed.

By Cheryl K. Chumley
Friday, August 2, 2013

Find this story at 2 August 2013

© Copyright 2013 The Washington Times, LLC.

The CIA has been subjecting operatives to monthly polygraph tests in an attempt to suppress details of a reported US arms smuggling operation in Benghazi that was ongoing when its ambassador was killed by a mob in the city last year, according to reports.

Up to 35 CIA operatives were working in the city during the attack last September on the US consulate that resulted in the death of Ambassador Chris Stevens and three other Americans, according to CNN.

The circumstances of the attack are a subject of deep division in the US with some Congressional leaders pressing for a wide-ranging investigation into suspicions that the government has withheld details of its activities in the Libyan city.

The television network said that a CIA team was working in an annex near the consulate on a project to supply missiles from Libyan armouries to Syrian rebels.

Sources said that more Americans were hurt in the assault spearheaded by suspected Islamic radicals than had been previously reported. CIA chiefs were actively working to ensure the real nature of its operations in the city did not get out.

So only the losses suffered by the State Department in the city had been reported to Congress.
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“Since January, some CIA operatives involved in the agency’s missions in Libya, have been subjected to frequent, even monthly polygraph examinations, according to a source with deep inside knowledge of the agency’s workings,” CNN reported.

Frank Wolf, a US congressman who represents the district that contains CIA headquarters in Langley, Virginia, is one of 150 members of Congress for a new investigation into the failures in Benghazi.

“I think it is a form of a cover-up, and I think it’s an attempt to push it under the rug, and I think the American people are feeling the same way,” he said. “We should have the people who were on the scene come in, testify under oath, do it publicly, and lay it out. And there really isn’t any national security issue involved with regards to that.”

A CIA spokesman said it had been open about its activities in Benghazi.

“The CIA has worked closely with its oversight committees to provide them with an extraordinary amount of information related to the attack on US facilities in Benghazi,” a CIA statement said. “CIA employees are always free to speak to Congress if they want,” the statement continued. “The CIA enabled all officers involved in Benghazi the opportunity to meet with Congress. We are not aware of any CIA employee who has experienced retaliation, including any non-routine security procedures, or who has been prevented from sharing a concern with Congress about the Benghazi incident.”

By Damien McElroy
11:06AM BST 02 Aug 2013

Find this story at 2 August 2013

© Telegraph Media Group Limited 2013

CNN has uncovered exclusive new information about what is allegedly happening at the CIA, in the wake of the deadly Benghazi terror attack.

Four Americans, including Ambassador Christopher Stevens, were killed in the assault by armed militants last September 11 in eastern Libya.

Programming note: Was there a political cover up surrounding the Benghazi attack that killed four Americans? Watch a CNN special investigation — The Truth About Benghazi, Tuesday at 10 p.m. ET.

Sources now tell CNN dozens of people working for the CIA were on the ground that night, and that the agency is going to great lengths to make sure whatever it was doing, remains a secret.

CNN has learned the CIA is involved in what one source calls an unprecedented attempt to keep the spy agency’s Benghazi secrets from ever leaking out.

Read: Analysis: CIA role in Benghazi underreported

Since January, some CIA operatives involved in the agency’s missions in Libya, have been subjected to frequent, even monthly polygraph examinations, according to a source with deep inside knowledge of the agency’s workings.

The goal of the questioning, according to sources, is to find out if anyone is talking to the media or Congress.

It is being described as pure intimidation, with the threat that any unauthorized CIA employee who leaks information could face the end of his or her career.

In exclusive communications obtained by CNN, one insider writes, “You don’t jeopardize yourself, you jeopardize your family as well.”

Another says, “You have no idea the amount of pressure being brought to bear on anyone with knowledge of this operation.”

“Agency employees typically are polygraphed every three to four years. Never more than that,” said former CIA operative and CNN analyst Robert Baer.

In other words, the rate of the kind of polygraphs alleged by sources is rare.

“If somebody is being polygraphed every month, or every two months it’s called an issue polygraph, and that means that the polygraph division suspects something, or they’re looking for something, or they’re on a fishing expedition. But it’s absolutely not routine at all to be polygraphed monthly, or bi-monthly,” said Baer.

CIA spokesman Dean Boyd asserted in a statement that the agency has been open with Congress.

“The CIA has worked closely with its oversight committees to provide them with an extraordinary amount of information related to the attack on U.S. facilities in Benghazi,” the statement said.

“CIA employees are always free to speak to Congress if they want,” the statement continued. “The CIA enabled all officers involved in Benghazi the opportunity to meet with Congress. We are not aware of any CIA employee who has experienced retaliation, including any non-routine security procedures, or who has been prevented from sharing a concern with Congress about the Benghazi incident.”

Among the many secrets still yet to be told about the Benghazi mission, is just how many Americans were there the night of the attack.

A source now tells CNN that number was 35, with as many as seven wounded, some seriously.

While it is still not known how many of them were CIA, a source tells CNN that 21 Americans were working in the building known as the annex, believed to be run by the agency.

The lack of information and pressure to silence CIA operatives is disturbing to U.S. Rep. Frank Wolf, whose district includes CIA headquarters in Langley, Virginia.

“I think it is a form of a cover-up, and I think it’s an attempt to push it under the rug, and I think the American people are feeling the same way,” said the Republican.

“We should have the people who were on the scene come in, testify under oath, do it publicly, and lay it out. And there really isn’t any national security issue involved with regards to that,” he said.

Wolf has repeatedly gone to the House floor, asking for a select committee to be set-up, a Watergate-style probe involving several intelligence committee investigators assigned to get to the bottom of the failures that took place in Benghazi, and find out just what the State Department and CIA were doing there.

More than 150 fellow Republican members of Congress have signed his request, and just this week eight Republicans sent a letter to the new head of the FBI, James Comey, asking that he brief Congress within 30 days.

Read: White House releases 100 pages of Benghazi e-mails

In the aftermath of the attack, Wolf said he was contacted by people closely tied with CIA operatives and contractors who wanted to talk.

Then suddenly, there was silence.

“Initially they were not afraid to come forward. They wanted the opportunity, and they wanted to be subpoenaed, because if you’re subpoenaed, it sort of protects you, you’re forced to come before Congress. Now that’s all changed,” said Wolf.

Lawmakers also want to know about the weapons in Libya, and what happened to them.

Speculation on Capitol Hill has included the possibility the U.S. agencies operating in Benghazi were secretly helping to move surface-to-air missiles out of Libya, through Turkey, and into the hands of Syrian rebels.

It is clear that two U.S. agencies were operating in Benghazi, one was the State Department, and the other was the CIA.

The State Department told CNN in an e-mail that it was only helping the new Libyan government destroy weapons deemed “damaged, aged or too unsafe retain,” and that it was not involved in any transfer of weapons to other countries.

But the State Department also clearly told CNN, they “can’t speak for any other agencies.”

The CIA would not comment on whether it was involved in the transfer of any weapons.

Posted by Drew Griffin, Kathleen Johnston
August 1st, 2013
05:00 PM ET

Find this story at 1 August 2013

© 2012 Cable News Network

To really understand the push-pull over the bungled talking points in the wake of the Benghazi attack, you have to understand the nature of the U.S. presence in that city.

Officially, the U.S. presence was a diplomatic compound under the State Department’s purview.

“The diplomatic facility in Benghazi would be closed until further notice,” then-State Department spokeswoman Victoria Nuland announced last October.

But in practice – and this is what so few people have focused on – the larger U.S. presence was in a secret outpost operated by the CIA.

About 30 people were evacuated from Benghazi the morning after the deadly attack last September 11; more than 20 of them were CIA employees.

Clearly the larger mission in Benghazi was covert.

The CIA had two objectives in Libya: countering the terrorist threat that emerged as extremists poured into the unstable country, and helping to secure the flood of weapons after the fall of Moammar Gadhafi that could have easily been funneled to terrorists.

The State Department was the public face of the weapons collection program.

“One of the reasons that we and other government agencies were present in Benghazi is exactly that. We had a concerted effort to try to track down and find and recover as many MANPADS [man-portable air defense systems], and other very dangerous weapons as possible,” former Secretary of State Hillary Clinton testified before Congress in January.

The CIA’s role during and after the attacks at the diplomatic post and the CIA annex in Benghazi have so far escaped much scrutiny.

The focus has been on the failure of the State Department to heed growing signs of the militant threat in the city and ensure adequate security, and on the political debate over why the White House seemed to downplay what was a terrorist attack in the weeks before the presidential election.

But the public needs to know more about the agency’s role, said Republican congressman Frank Wolf, of Virginia.

“There are questions that must be asked of the CIA and this must be done in a public way,” said Wolf.

Sources at the State Department say this context explains why there was so much debate over those talking points. Essentially, they say, the State Department felt it was being blamed for bungling what it saw as largely a CIA operation in Benghazi.

Current and former U.S. government officials tell CNN that then-CIA director David Petraeus and others in the CIA initially assessed the attack to have been related to protests against an anti-Muslim video produced in the United States.

They say Petraeus may have been reluctant to conclude it was a planned attack because that would have been acknowledging an intelligence failure.

Internally at the CIA, sources tell CNN there was a big debate after the attacks to acknowledge that the two former Navy SEALs killed – Tyrone Woods and Glen Doherty – were CIA employees. At a 2010 attack in Khost, Afghanistan, when seven CIA officers were killed in the line of duty, the agency stepped forward and acknowledged their service and sacrifice. But in this instance – for reasons many in the Obama administration did not fully understand – it took the CIA awhile to “roll back their covers.” Petraeus did not attend their funerals.

Wolf said he and his office are getting calls from CIA officials who want to talk and want to share more.

“If you’re 50 years old and have two kids in college, you’re not going to give your career up by coming in, so you also need subpoena power,” said the Republican congressman. “Let people come forward, subpoena them to give them the protection so they can’t be fired.”

But is the secrecy surrounding the CIA’s presence in Benghazi the reason for the administration’s fumble after fumble when trying to explain what happened the night of the attack?

There were 12 versions of talking points before a watered down product was agreed upon– suggesting an inter-government squabble over words that would ultimately lay the blame on one agency, or the other.

Perhaps the State Department did not want to get in the line of fire for a CIA operation that they in many ways were just the front for, the CIA “wearing their jacket,” as one current government official put it.

The CIA did have an informal arrangement to help the mission if needed, but it was not the primary security for the mission. The State Department had hired local guards for protection.

People at the CIA annex did respond to calls for help the night of the attack. But despite being only a mile away, it took the team 20 to 30 minutes to get there. Gathering the appropriate arms and other resources was necessary.

None of this diminishes questions about how the White House, just weeks before the presidential election, seemed to downplay that this was a terrorist attack. Or the State Department’s initial refusal to acknowledge that it had not provided adequate security for its own officials there.

But the role of the CIA, its clear intelligence failure before the attack, and – as it continued to push the theory of the anti-Muslim video – after the attack, bears more scrutiny as well.

Posted by Jake Tapper
May 15th, 2013
07:48 PM ET

Find this story at 15 May 2013

© 2012 Cable News Network

When House Republicans called a hearing in the middle of their long recess, you knew it would be something big, and indeed it was: They accidentally blew the CIA’s cover.

The purpose of Wednesday’s hearing of the Oversight and Government Reform Committee was to examine security lapses that led to the killing in Benghazi last month of the U.S. ambassador to Libya and three others. But in doing so, the lawmakers reminded us why “congressional intelligence” is an oxymoron.

Through their outbursts, cryptic language and boneheaded questioning of State Department officials, the committee members left little doubt that one of the two compounds at which the Americans were killed, described by the administration as a “consulate” and a nearby “annex,” was a CIA base. They did this, helpfully, in a televised public hearing.

Rep. Jason Chaffetz (R-Utah) was the first to unmask the spooks. “Point of order! Point of order!” he called out as a State Department security official, seated in front of an aerial photo of the U.S. facilities in Benghazi, described the chaotic night of the attack. “We’re getting into classified issues that deal with sources and methods that would be totally inappropriate in an open forum such as this.”

A State Department official assured him that the material was “entirely unclassified” and that the photo was from a commercial satellite. “I totally object to the use of that photo,” Chaffetz continued. He went on to say that “I was told specifically while I was in Libya I could not and should not ever talk about what you’re showing here today.”

Now that Chaffetz had alerted potential bad guys that something valuable was in the photo, the chairman, Darrell Issa (R-Calif.), attempted to lock the barn door through which the horse had just bolted. “I would direct that that chart be taken down,” he said, although it already had been on C-SPAN. “In this hearing room, we’re not going to point out details of what may still in fact be a facility of the United States government or more facilities.”

May still be a facility? The plot thickened — and Chaffetz gave more hints. “I believe that the markings on that map were terribly inappropriate,” he said, adding that “the activities there could cost lives.”

In their questioning and in the public testimony they invited, the lawmakers managed to disclose, without ever mentioning Langley directly, that there was a seven-member “rapid response force” in the compound the State Department was calling an annex. One of the State Department security officials was forced to acknowledge that “not necessarily all of the security people” at the Benghazi compounds “fell under my direct operational control.”

And whose control might they have fallen under? Well, presumably it’s the “other government agency” or “other government entity” the lawmakers and witnesses referred to; Issa informed the public that this agency was not the FBI.

“Other government agency,” or “OGA,” is a common euphemism in Washington for the CIA. This “other government agency,” the lawmakers’ questioning further revealed, was in possession of a video of the attack but wasn’t releasing it because it was undergoing “an investigative process.”

Or maybe they were referring to the Department of Agriculture.

That the Benghazi compound had included a large CIA presence had been reported but not confirmed. The New York Times, for example, had reported that among those evacuated were “about a dozen CIA operatives and contractors.” The paper, like The Washington Post, withheld locations and details of the facilities at the administration’s request.

But on Wednesday, the withholding was on hold.

The Republican lawmakers, in their outbursts, alternated between scolding the State Department officials for hiding behind classified material and blaming them for disclosing information that should have been classified. But the lawmakers created the situation by ordering a public hearing on a matter that belonged behind closed doors.

Republicans were aiming to embarrass the Obama administration over State Department security lapses. But they inadvertently caused a different picture to emerge than the one that has been publicly known: that the victims may have been let down not by the State Department but by the CIA. If the CIA was playing such a major role in these events, which was the unmistakable impression left by Wednesday’s hearing, having a televised probe of the matter was absurd.

The chairman, attempting to close his can of worms, finally suggested that “the entire committee have a classified briefing as to any and all other assets that were not drawn upon but could have been drawn upon” in Benghazi.

Good idea. Too bad he didn’t think of that before putting the CIA on C-SPAN.

danamilbank@washpost.com
By Dana Milbank,

Find this story at 10 October 2012

© The Washington Post Company

We may be finally learning more about the CIA’s involvement in the 2003 abduction and rendition to torture of a Muslim cleric, Hassan Mustafa Nasr (aka Abu Omar). This week, Sabrina De Sousa confirmed that she was a former CIA undercover officer, and provided new details about events that led to the first (and, to date, only) prosecutions and convictions for abuses committed by U.S. officials as part of its “extraordinary rendition” program. Her account highlights the desperate need for the United States to thoroughly investigate the role of government officials in acts of torture and extraordinary rendition committed in the years following 9/11.

In 2003, CIA agents seized Abu Omar from the streets of Milan, Italy and rendered him to Egypt for interrogation and torture by Egyptian officials. He was later released without charge or trial.

In September 2012, Italy’s highest court affirmed the in absentia convictions of 23 Americans, including De Sousa, and two Italians involved in Abu Omar’s kidnapping and torture. The ACLU opposes trials in absentia, which raise serious due process concerns; the Italian proceedings serve as a reminder, however, of the lack of accountability in the United States for CIA abuses. De Sousa, who was sentenced by the Italian court to seven years in prison, had previously denied any involvement with the CIA, claiming instead that she was a State Department employee and that she should have been granted diplomatic immunity from prosecution.

De Sousa now admits that at the time of the extraordinary rendition, she was a CIA agent and involved in the rendition as a translator between the CIA snatch team and their Italian counterparts. Incensed for “being held accountable for decisions that someone else took,” De Sousa has provided shocking – but by no means surprising – details about the extraordinary rendition operation in a series of recent interviews with McClatchy Press.

De Sousa revealed that the former CIA station chief in Rome, Jeffrey Castelli, had exaggerated the threat Abu Omar posed in order to win approval for the extraordinary rendition, and misled his superiors into believing that Italian military intelligence had agreed to the operation. She also claims that the extraordinary rendition was approved at the highest levels of government despite doubts about the threat Nasr posed; those involved in the decision-making process, she says, included former CIA director George Tenet; Condoleezza Rice, who was national security advisor at the time; and then-President Bush. (Among those convicted, Robert Lady, the CIA’s former Milan station chief, was sentenced in absentia to nine years for his involvement in the rendition; read De Sousa’s account for more on his case.)

De Sousa’s revelations highlight the need for greater transparency and accountability by the United States government for the torture and abuse that occurred during the Bush administration. Criminal investigations initially opened into specific allegations of abuse have all been closed and the government has consistently shut down attempts to challenge its actions in court through claims of state secrets and immunity. Other nations, such as Italy, however, have taken a different approach.

Click here to learn how different countries have pursued accountability for their roles in the U.S. torture and rendition program.

In addition, the European Court of Human Rights recently agreed to consider a second case against Poland over allegations from another former CIA prisoner, Zayn al-Abidin Muhammad Husayn (known as Abu Zubaydah), who was tortured while held in a secret CIA-run prison in Poland. While these measures are an important step in ensuring accountability for U.S. actions on the global stage, they do not absolve the U.S. from its own responsibility under international law to hold those who were responsible for CIA abuses accountable, and release information about the unlawful activities carried out as part of the extraordinary rendition program. An important starting point should be the declassification and publication of the Senate Select Intelligence Committee report, the only official account of the CIA’s torture and abuse. De Sousa may have provided important information on one specific extraordinary rendition, but we need far more to ensure that abuses committed by the United States are fully brought to light.

07/31/2013
By Allison Frankel, ACLU Human Rights Program at 2:39pm

Find this story at 31 July 2013

Accountability for Torture: Infographic

© ACLU

WASHINGTON — The chairwoman of the Senate Intelligence Committee says she is planning a push to declassify hundreds of pages of a secret committee report that accuses the Central Intelligence Agency of misleading Congress and the White House about the agency’s detention and interrogation program, which is now defunct.

The 6,000-page report, which took years to complete and cost more than $40 million, is the only detailed account to date of a program that set off a national debate about torture. The report has been the subject of a fierce partisan fight and a vigorous effort by the C.I.A. to challenge its conclusions, and last month, the agency’s director, John O. Brennan, delivered a lengthy rebuttal to the report to committee leaders.

But the committee’s chairwoman, Senator Dianne Feinstein, Democrat of California, said in a statement this week that the report was on “firm ground” and that she planned to ask the White House and C.I.A. to declassify its 300-page executive summary after “making any factual changes to our report that are warranted after the C.I.A.’s response.”

The committee’s top Republican, Senator Saxby Chambliss of Georgia, said he believed the report was deeply flawed and agreed with the intelligence agency’s critique. But he said he believed that a summary of the report could be made public, as long as it was accompanied by a summary of the agency’s response and a dissenting statement from committee Republicans.

The clash over the report is, at its core, a fight over who writes the history of what is perhaps the most bitterly disputed part of the American government’s response to the Sept. 11, 2001, terrorist attacks. More than four years have passed since the C.I.A. closed its secret prisons, and nearly a decade since agency interrogators subjected Qaeda detainees to the most brutal interrogation methods, including the near-drowning technique known as waterboarding.

For defenders of the interrogation program, the Senate criticism represents second-guessing of actions taken at a desperate time to stop terrorist attacks. For critics, the report is a first step toward coming to terms with a shameful departure from American values that included the official embrace of torture.

According to several people who have read it, the Senate report is particularly damning in its portrait of a C.I.A. so intent on justifying extreme interrogation techniques that it blatantly misled President George W. Bush, the White House, the Justice Department and the Congressional intelligence committees about the efficacy of its methods.

Several senators have also said the report concludes that the use of waterboarding, wall-slamming, shackling in painful positions, forced nudity and sleep deprivation produced little information of value. It concludes that the use of those techniques did not disrupt any terrorist plots and made no significant contribution to finding Osama bin Laden, the Qaeda founder, who was killed in a SEAL team raid in 2011.

The C.I.A. response challenges a number of these conclusions, in part by questioning the accuracy of facts cited in the report.

A C.I.A. spokesman, Dean Boyd, said the agency’s response “detailed significant errors in the study,” though he added that the agency “agrees with a number of the study’s findings.”

In a separate statement, Mr. Brennan made clear his continuing opposition to coercive interrogation methods, which were used by the agency when he held high-level positions. “I remain firm in my belief that enhanced interrogation techniques are not an appropriate method to obtain intelligence and that their use impairs our ability to play a leadership role in the world,” he said.

Mr. Chambliss said the report’s shortcomings stemmed from its being based exclusively on documents. “The folks doing the report got 100 percent of their information from documents and didn’t interview a single person,” he said, adding that while there were “some abuses,” the program was more effective than the report concludes.

The committee completed its report late last year and submitted it to the C.I.A., where it sat for months. The agency’s response to the report was due in February, but it was not delivered to the committee until the end of June.

Senator Jay Rockefeller, Democrat of West Virginia, suggested that the committee would not automatically accept the agency’s corrections to the report. “My colleagues and I will apply the same level of scrutiny to the C.I.A.’s response that we used during our own exhaustive review of the program,” he said.

Some Democratic lawmakers and human rights advocates are frustrated that the White House has remained largely absent from the debate, though a May 10 photograph on the White House Flickr feed shows Mr. Brennan speaking with President Obama while holding a copy of the C.I.A. response to the Senate report.

In a statement on Friday, Caitlin Hayden, a White House spokeswoman, urged the committee and the C.I.A. “to continue working together to address issues associated with the report — including factual questions.”

She said that at some point, “some version of the findings of the report should be made public.”

Senator Mark Udall, Democrat of Colorado, said that squarely facing the mistakes of the interrogation program was “essential for the C.I.A.’s long-term institutional integrity, for the legitimacy of ongoing sensitive programs, and for this White House, which so far has rejected requests to discuss the Senate Intelligence Committee’s report with members or committee staff.”

Though the committee’s investigation began as a bipartisan effort, Republicans dropped out in August 2009 after Attorney General Eric H. Holder Jr. announced that the Justice Department was reviewing the interrogation program. In part because they expected many C.I.A. officers to refuse to discuss the program during the Justice Department review, committee Democrats decided to base their investigation solely on documents, ultimately reviewing some six million pages.

The costs of the investigation ballooned over four years. The C.I.A. insisted that committee staff members be allowed to pore over thousands of classified agency cables only at a secure facility in Northern Virginia — and only after a team of outside contractors had examined the cables first. Government officials said that between paying for the facility and for the contractors, the C.I.A. had spent more than $40 million on the study.

Mrs. Feinstein angrily complained about what she called a pattern of unnamed officials speaking to reporters to discredit the Senate report.

“I am appalled by the persistent media leaks by anonymous officials regarding the C.I.A.’s response to the committee’s study,” she said, adding that the leaks began three months before the agency delivered its formal response.

“Leaks defending the C.I.A. interrogation program regardless of underlying facts or costs have been a persistent problem for many years,” she said. “This behavior was, and remains, unacceptable.”

July 19, 2013
By MARK MAZZETTI and SCOTT SHANE

Find this story at 19 July 2013

© 2013 The New York Times Company

A former CIA officer has broken the U.S. silence around the 2003 abduction of a radical Islamist cleric in Italy, charging that the agency inflated the threat the preacher posed and that the United States then allowed Italy to prosecute her and other Americans to shield President George W. Bush and other U.S. officials from responsibility for approving the operation.

Confirming for the first time that she worked undercover for the CIA in Milan when the operation took place, Sabrina De Sousa provided new details about the “extraordinary rendition” that led to the only criminal prosecution stemming from the secret Bush administration rendition and detention program launched after the Sept. 11, 2001, attacks.

The cleric, Osama Mustapha Hassan Nasr, was snatched from a Milan street by a team of CIA operatives and flown to Egypt, where he was held for the better part of four years without charges and allegedly tortured. An Egyptian court in 2007 ruled that his imprisonment was “unfounded” and ordered him released.

Among the allegations made by De Sousa in a series of interviews with McClatchy:

– The former CIA station chief in Rome, Jeffrey Castelli, whom she called the mastermind of the operation, exaggerated Nasr’s terrorist threat to win approval for the rendition and misled his superiors that Italian military intelligence had agreed to the operation.

– Senior CIA officials, including then-CIA Director George Tenet, approved the operation even though Nasr wasn’t wanted in Egypt and wasn’t on the U.S. list of top al Qaida terrorists.

– Condoleezza Rice, then the White House national security adviser, also had concerns about the case, especially what Italy would do if the CIA were caught, but she eventually agreed to it and recommended that Bush approve the abduction.

De Sousa said her assertions are based on classified CIA cables that she read before resigning from the agency in February 2009, as well as on Italian legal documents and Italian news reports. She denies that she was involved in the operation, though she acknowledges that she served as the interpreter for a CIA “snatch” team that visited Milan in 2002 to plan the abduction.

“I was being held accountable for decisions that someone else took and I wanted to see on what basis the decisions were made,” she said, explaining why she had delved into the CIA archives. “And especially because I was willing to talk to the Hill (Congress) about this because I knew that the CIA would not be upfront with them.”

“I don’t have any of the cables with me. Please put that down,” De Sousa added with a nervous laugh, her unease reflecting the Obama administration’s unprecedented crackdown on leaks of classified information to journalists.

De Sousa is one of only a handful of former CIA officers who’ve spoken openly about the secret renditions in which suspected terrorists overseas were abducted without legal proceedings and then interrogated by other nations’ security services.

More than 130 people were “rendered” in this way, according to a February 2013 study by the Open Society Justice Initiative, a U.S.-based group that promotes the rule of law. Many were tortured and abused, and many, including Nasr, were freed for lack of proof that they were hatching terrorist plots, said Amrit Singh, the study’s author.

Human rights groups and many legal experts denounce rendition as violating not only U.S. and international law, but also the laws of the nations where abductions occurred and of the countries to which suspected terrorists were sent. In December 2005, Rice defended renditions as legal, however, calling them a “vital tool” that predated the 9/11 attacks. She denied that the United State “transported anyone . . . to a country where we believe he or she will be tortured.”

The Bush and Obama administrations have never acknowledged U.S. involvement in the Nasr rendition, which makes De Sousa’s decision to speak publicly about it significant, Singh said.

“Any public account of what happened and who was ultimately responsible is of considerable interest,” she said. “Despite the scale of the human rights violations associated with the rendition program, the United States hasn’t held a single individual accountable.”

The CIA declined to comment, but a former senior U.S. intelligence official called De Sousa’s narrative “fairly consistent” with the recollections of other former CIA officials with knowledge of the operation. He asked not to be further identified because the matter remains classified.

“There was concern on the seventh floor about this operation,” he said, referring to the executive offices at the CIA’s headquarters in Langley, Va. “But they were reassured” by the Rome station and the agency’s European directorate that “everything was OK and everyone was on board in the country in question.”

De Sousa accused Italian leaders of colluding with the United States to shield Bush, Rice, Tenet and senior CIA aides by declining to prosecute them or even demanding that Washington publicly admit to staging the abduction.

Calling the operation unjustified and illegal, De Sousa said Italy and the United States cooperated in “scape-goating a bunch of people . . . while the ones who approved this stupid rendition are all free.”

The Senate and House intelligence committees enabled the coverup, De Sousa added, by failing to treat her as a whistleblower after she told them of the lack of prosecutable evidence against Nasr and what she called her own mistreatment by the CIA that compelled her to resign in 2009.

“Despite that, no one’s been held accountable,” she said.

De Sousa, 57, a naturalized U.S. citizen from India’s state of Goa, was one of 23 Americans convicted in absentia in 2009 by a Milan court for Nasr’s abduction. She received a five-year sentence. An appeals court in 2011 added two more years, and Italy’s Supreme Court upheld the sentence. Nineteen of the Americans, De Sousa said, “don’t exist,” because they were aliases used by the CIA snatch team.

The case drew fresh attention this month when Panama detained Robert Seldon Lady, the CIA’s former Milan station chief, whom the Italian court had sentenced to nine years in prison. But Panama released him within 24 hours and allowed him to fly to the United States, rather than wait for Italy to request his extradition.

Another convicted American, Air Force Col. Joseph Romano, who oversaw security at Aviano, the U.S. base from which Nasr was flown out of Italy, received a seven-year term. But Italian President Giorgio Napolitano pardoned him in April under U.S. pressure.

The Bush and the Obama administrations, however, have refused to ask Italy to do the same for De Sousa, who insists that she qualified for diplomatic immunity as a second secretary accredited to the U.S. Embassy in Rome.

“It’s always the minions of the federal government who are thrown under the bus by officials who consistently violate international law and sometimes domestic law and who are all immune from prosecution,” De Sousa said. “Their lives are fine. They’re making millions of dollars sitting on (corporate) boards.”

De Sousa’s interviews with McClatchy are the first in which she’s publicly disclosed her decade-long career in the CIA’s undercover arm, the National Clandestine Service. She’s discussed the case with news media before, but insisted in those interviews and in Italian legal proceedings that she was a diplomat.

Her only connection to the rendition, she said, was translating between the CIA snatch team and officers from the Italian military intelligence service formerly known by the acronym SISMi.

The translating stint “was legal at the time because SISMi was involved” in planning Nasr’s rendition, although SISMi later refused to participate, she said. She said that she was away with her son on a skiing trip when Nasr was abducted.

According to De Sousa, the Bush administration had two thresholds for an extraordinary rendition: A target had to be on a U.S. list of top al Qaida terrorists who posed “a clear and imminent danger” to American and allied lives, and the nation where an operation was planned had to make the arrest.

Neither occurred with Nasr, De Sousa said.

A cleric who preached holy war against the West, Nasr, who is also known as Abu Omar, was living in Italy under a grant of political asylum when he was accosted Feb. 17, 2003, by black-suited men on a Milan street as he walked to his mosque. He was bundled into a white van and driven to Aviano, from which he was flown to Germany and then to Egypt.

A member of a banned Egyptian Islamist group, Nasr was being investigated at the time by an Italian anti-terrorist police unit known as DIGOS, which had a warrant to eavesdrop on him. He allegedly had close ties to al Qaida and other Islamist groups and arranged for militants to travel to fight in Afghanistan, Iraq and elsewhere.

But DIGOS made no move to arrest Nasr, De Sousa said, because it had no evidence that he was plotting any attacks. He knew that he was being monitored, she said.

Castelli, however, was eager to pull off a rendition, she said, explaining that after 9/11, “everyone around the world” was being pressed by CIA headquarters to “do something” against al Qaida. Castelli, she said, was ambitious and saw a rendition as a ticket to promotion.

“Castelli went to SISMi to ask them to work on the rendition program, and SISMi says no,” De Sousa recounted. That, however, “didn’t stop Jeff,” she said.

Castelli did not respond to a request for comment.

Neither did Lady’s reservations, she said. Close to the DIGOS officer investigating Nasr, Lady often complained to De Sousa that the rendition “made no sense,” because DIGOS had Nasr under surveillance. But the CIA station in “Rome kept constantly pressuring him to proceed with their plans,” she said. Her assertion was corroborated by Lady in an interview with GQ magazine in 2007.

Castelli “was hell-bent on doing a rendition,” she said, and he pressed the director of SISMi at the time, Nicollo Pollari, throughout 2002 to agree, according to cables De Sousa found between Castelli and CIA headquarters.

“This is very important, because there is a written trail of what was going on,” she said.

Pollari refused to budge, telling Castelli that the rendition would be “an illegal operation . . . unless the magistrates approved it,” De Sousa said. Pollari, she said, wanted to wait until the Italian Parliament passed intelligence reform legislation that would have allowed SISMi broader counterterrorism powers.

Castelli’s superiors at Langley insisted that SISMi and Prime Minister Silvio Berlusconi had to agree to the operation, or “they couldn’t go to Condoleezza Rice and the president of the United States” for authorization, De Sousa said.

“So what does Castelli say? Castelli says, ‘Well, I talked to Pollari and he’s not going to put anything in writing. But wink, wink, nod, nod. You know, wink, wink, he’s provided a tacit sort of approval. They are not going to put anything in writing,’” she said.

In an “assessment cable” to CIA headquarters laying out his case for Nasr’s rendition, De Sousa said, Castelli cited the cleric’s suspected al Qaida links and referred to a conversation recorded by DIGOS in which Nasr and another man mused about possibly attacking a bus belonging to the American School of Milan.

Yet DIGOS wasn’t “overly concerned because there really wasn’t anything . . . to show that he was actually going to do this,” De Sousa said. “If they thought he (Nasr) was going to go bomb something right away, they would have stopped him, right? It’s not in the . . . Italians’ interest . . . for anything to happen on Italian soil of that nature, because the majority of the students were Italian or nationalities other than American.”

“That happened in 2002, and Nasr wasn’t rendered until 2003. So what imminent danger was that?” she asked.

The rendition had another problem: There was no outstanding arrest warrant for Nasr from Egypt, she said. To resolve the issue, Castelli asked the CIA’s Cairo station to request one from Omar Suleiman, the powerful intelligence czar for Egyptian President Hosni Mubarak. The warrant was issued. Later, after Nasr had been turned over to the Egyptians, the CIA station in Cairo asked Castelli for the evidence the Egyptians needed to prosecute.

“Castelli wrote back and said, ‘I thought you had the information. That’s why you issued the arrest warrant,’” De Sousa said. Cairo replied that Egypt had issued the warrant only “because you needed an arrest warrant.”

Despite concerns with the strength of Castelli’s case, CIA headquarters still agreed to move forward and seek Rice’s approval, De Sousa said. She recalled reading a cable from late 2002 that reported that Rice was worried about whether CIA personnel “would go to jail” if they were caught.

In response, she said, Castelli wrote that any CIA personnel who were caught would just be expelled from Italy “and SISMi will bail everyone out.”

Of her CIA superiors, De Sousa said, “They knew this (the rendition) was bullshit, but they were just allowing it. These guys approved it based on what Castelli was saying even though they knew it never met the threshold for rendition.”

Asked which agency officials would have been responsible for reviewing the operation and agreeing to ask Rice for Bush’s authorization, De Sousa said they would have included Tenet; Tyler Drumheller, who ran the CIA’s European operations; former CIA Director of Operations James Pavitt and his then-deputy, Stephen Kappes; Jose Rodriguez, then the head of the CIA’s Counterterrorism Center, and former acting CIA General Counsel John Rizzo.

An Italian prosecutor began investigating the CIA’s role in Nasr’s disappearance in 2004, carefully building a case based on the CIA rendition team’s sloppy use of cellular telephones and credit cards. By then De Sousa had returned to the United States and had assumed a new CIA position at headquarters.

She was charged by Italian authorities in 2006 in the last of three sets of indictments.

The Bush administration remained silent on the Italian charges and ignored De Sousa’s pleas to invoke diplomatic immunity on her behalf. The CIA barred her from contacting her Italian state-appointed public defender, she said, and refused to pay for a private lawyer. The CIA also ordered her not to leave the country, an order she says she disobeyed to fly to India to see her father for the last time as he lay dying from cancer.

De Sousa later learned that Rice, after becoming secretary of state, wanted to give her immunity, but that the CIA “told Rice not to” because doing so would have “been admitting that the rendition took place,” De Sousa said.

Meanwhile, Castelli, who has retired from the CIA, escaped conviction after an Italian judge conferred diplomatic immunity on him even though Washington hadn’t asked for it, De Sousa said. Earlier this year, an appeals court revoked his immunity and sentenced him in absentia to seven years in jail.

De Sousa said that she has tried for years to report what she said was the baseless case for Nasr’s abduction and her shoddy treatment by the CIA and two administrations.

Her pleas and letters, however, were ignored by successive U.S. intelligence leaders, the CIA inspector general’s office, members and staff of the House and Senate intelligence committees, Rice, former Secretary of State Hillary Clinton and Attorney General Eric Holder, said De Sousa.

She briefly made headlines when she sued the CIA, the State Department and Clinton in 2009 in a bid to secure her diplomatic immunity, but lost. U.S. District Court Judge Beryl A. Howell, however, declared herself troubled by the government’s treatment of De Sousa, which she said sent a “potentially demoralizing” message to U.S. employees serving overseas.

De Sousa wanted to resign from the CIA earlier than she did, but, she said, her attorney persuaded her to wait for Barack Obama to take office because he might be more sympathetic to her case.

“We thought, ‘Hope and change.’ But no hope and change happened,” she said.

“My life has been hell,” De Sousa said, explaining that her Italian conviction left her career in ruins, crippled her ability to find a good paying private-sector job and left her liable to arrest abroad. Her resignation, which she submitted after the CIA barred her from visiting her ailing, elderly mother in Goa for Christmas, and then refused to fly her mother to the United States, left her without a pension.

“In addition to losing your pension, you’re blacklisted in Washington,” De Sousa said. “Anyone who has anything to do with the agency will never hire you. I lost my clearances.”

Asked why she’d agreed to be interviewed, De Sousa replied, “I find this coverup so egregious. That’s why I find it really important to talk about this. Look at the lives ruined, including that of Abu Omar. And I was caught in the crossfire of anger directed at U.S. policy.”

Now, she noted, she also could face prosecution in the United States for revealing what she has. “You’ve seen what’s happened lately to anyone who has tried to disclose anything,” she said.

But her treatment, she said, provides a warning to U.S. employees serving around the world. If they get prosecuted while doing their jobs, she said, “You have no protection whatsoever. Zero.”

McClatchy Washington Bureau
Posted on Sat, Jul. 27, 2013
By Jonathan S. Landay | McClatchy Washington Bureau
last updated: July 29, 2013 06:21:18 AM

Find this story at 29 July 2013

© McClatchy Washington Bureau

He came and he went: that was the joke that circulated in 1979 when 70-year-old former Vice President Nelson Rockefeller had a heart attack and died [4] in his Manhattan townhouse in the presence of his evening-gown-clad [5] 25-year-old assistant. In a sense, the same might be said of retired CIA operative Robert Seldon Lady.

Recently, Lady proved a one-day wonder. After years in absentia — poof! He reappeared out of nowhere on the border between Panama and Costa Rica, and made the news when Panamanian officials took him into custody on an Interpol warrant. The CIA’s station chief in Milan back in 2003, he had achieved brief notoriety for overseeing a la dolce vita version [6] of extraordinary rendition as part of Washington’s Global War on Terror. His colleagues kidnapped Hassan Mustafa Osama Nasr, a radical Muslim cleric and terror suspect, off the streets of Milan [7], and rendered him via U.S. airbases in Italy and Germany to the torture chambers [8] of Hosni Mubarak’s Egypt. Lady evidently rode shotgun on that transfer.

His Agency associates proved to be the crew that couldn’t spook straight. They left behind such a traceable trail of five-star-hotel and restaurant bills, charges on false credit cards, and unencrypted cell phone calls that the Italian government tracked them down [9], identified them, and charged [10] 23 of them, Lady included, with kidnapping.

Lady fled Italy, leaving behind a multimillion-dollar villa near Turin meant for his retirement. (It was later confiscated and sold to make restitution payments [8] to Nasr.) Convicted in absentia in 2009, Lady received a nine-year sentence (later reduced to six). He had by then essentially vanished after admitting to an Italian newspaper, “Of course it was an illegal operation. But that’s our job. We’re at war against terrorism.”

Last week, the Panamanians picked him up. It was the real world equivalent of a magician’s trick. He was nowhere, then suddenly in custody and in the news, and then — poof again! He wasn’t. Just 24 hours after the retired CIA official found himself under lock and key, he was flown out of Panama, evidently under the protection of Washington, and in mid-air, heading back to the United States, vanished a second time.

State Department spokesperson Marie Harf told reporters [11] on July 19th, “It’s my understanding that he is in fact either en route or back in the United States.” So there he was, possibly in mid-air heading for the homeland and, as far as we know, as far as reporting goes, nothing more. Consider it the CIA version of a miracle. Instead of landing, he just evaporated.

And that was that. Not another news story here in the U.S.; no further information from government spokespeople on what happened to him, or why the administration decided to extricate him from Panama and protect him from Italian justice. Nor, as far as I can tell, were there any further questions from the media. When TomDispatch inquired of the State Department, all it got was this bit of stonewallese: “We understand that a U.S citizen was detained by Panamanian authorities, and that Panamanian immigration officials expelled him from Panama on July 19. Panama’s actions are consistent with its rights to determine whether to admit or expel non-citizens from its territory.”

In other words, he came and he went.

Edward Snowden: The Opposite of a Magician’s Trick

When Lady was first detained, there was a little flurry of news stories and a little frisson of tension. Would a retired CIA agent convicted of a serious crime involving kidnapping and torture be extradited to Italy to serve his sentence? But that tension had no chance to build because (as anyone might have predicted) luck was a Lady that week.

After all, the country that took him into custody on that Interpol warrant was a genuine rarity in a changing Latin America. It was still an ally of the United States [11], which had once built a canal across its territory, controlled its politics for years, and in 1989 sent in [12] the U.S. military to forcefully sort out those politics once again. Italy wanted Lady back and evidently requested that Panama hand him over (though the countries had no extradition treaty). But could anyone be surprised by what happened or by the role Washington clearly played in settling Lady’s fate? If you had paid any attention to the global pressure [13] Washington was exerting in an “international manhunt [14]” to get Edward Snowden, the NSA whistleblower it had already charged under the draconian Espionage Act, back to its shores, you knew which direction Robert Seldon Lady would be heading when he hit the nearest plane out of Panama — and I don’t mean Italy.

But here was the curious thing: when Panama sent him north, not east, there wasn’t the slightest ripple of U.S. media curiosity about the act or what lay behind it. Lady simply disappeared. While the Italian minister of justice “deeply regretted [15]” Panama’s decision, there was not, as far as I can tell, a single editorial, outraged or otherwise, anywhere in this country questioning the Obama administration’s decision not to allow a convicted criminal to be brought to justice in the courts of a democratic ally or even praising Washington’s role in protecting him. And we’re not talking about a media with no interest in trials in Italy. Who doesn’t remember the wall-to-wall coverage of the murder trial (and retrial) of American student Amanda Knox [16] there? For the American media, however, Lady clearly lacked Knox’s sex appeal (nor would he make millions [17] off a future account of his Italian sojourn).

In this same period, there was, of course, another man who almost magically disappeared. In a transit area of Moscow’s international airport, Edward Snowden discovered [18] that the U.S. government had deprived him of his passport and was determined to bring him back to Washington by just about any means to stand trial. That included forcing the plane [19] of Bolivian President Evo Morales, returning from Moscow, to make an unscheduled landing in Austria and be searched for Snowden.

The NSA whistleblower was trapped in a kind of no-man’s-land by an Obama administration demanding that the Russians turn him over or face the consequences. After which, for days, he disappeared from sight. In his case, unlike Lady’s, however, Washington never stopped talking about him and the media never stopped speculating on his fate. It hasn’t yet.

He’s only appeared in public once since his “disappearance” —at a press conference [20] at that airport with human rights activists from Amnesty International and Human Rights Watch. The U.S. government promptly deplored and denounced the event as something Moscow “facilitated” or “orchestrated,” a “propaganda platform,” and a State Department spokesperson even suggested [21] that Snowden, not yet convicted of anything, shouldn’t have the right to express himself in Moscow or anywhere else.

The truth is: when it comes to Snowden, official Washington can’t shut up. Congressional figures have denounced him as a “traitor [22]” or a “defector [23].” The world has repeatedly been lectured from the bully pulpit in our national capital on how necessary his return and trial is to freedom, justice, and global peace. Snowden, it seems, represents the opposite of a magician’s trick. He can’t disappear even when he wants to. Washington won’t let him, not now, not — as officials have made clear —ever. It’s a matter of morality that he faces the law and pays the (already preordained) price for his “crime.” This, in today’s Washington, is what passes for a self-evident truth.

The Lady Vanishes

It’s no less a self-evident truth in Washington that Robert Seldon Lady must be protected from the long (Italian) arm of the law, that he is a patriot who did his duty, that it is the job of the U.S. government to keep him safe and never allow him to be prosecuted, just as it is the job of that government to protect, not prosecute [24], CIA torturers who took part in George W. Bush’s Global War on Terror.

So there are two men, both of whom, Washington is convinced, must be brought in: one to face “justice,” one to escape it. And all of this is a given, nothing that needs to be explained or justified to anyone anywhere, not even by a Constitutional law professor president. (Of course, if someone had been accused of kidnapping and rendering an American Christian fundamentalist preacher and terror suspect off the streets of Milan to Moscow or Tehran or Beijing, it would no less self-evidently be a different matter.)

Don’t make the mistake, however, of comparing Washington’s positions on Snowden and Lady and labeling the Obama administration’s words and actions “hypocrisy.” There’s no hypocrisy involved. This is simply the living definition of what it means to exist in a one-superpower world for the first time in history. For Washington, the essential rule of thumb goes something like this: we do what we want; we get to say what we want about what we do; and U.N. ambassadorial nominee Samantha Powers then gets to lecture [25] the world on human rights and oppression.

This version of how it all works is so much the norm in Washington that few there are likely to see any contradiction at all between the Obama administration’s approaches to Snowden and Lady, nor evidently does the Washington media. Its particular blind spots, when it comes to Washington’s actions, remain striking — as when the U.S. effectively downed the Bolivian president and his plane. Although it was an act of seemingly self-evident illegality, there was no serious reporting [13], no digging when it came to the behind-the-scenes acts of the U.S. government, which clearly pressured four or five European governments (one of which may have been Italy) to collude in the act. Nor, weeks later, has there been any follow-up by the Washington media. In other words, an act unique in recent history, which left European powers disgruntled [26] and left much of Latin America up in arms [27], has disappeared without explanation, analysis, punditry, or editorial comment here. Undoubtedly, given the lack of substantial coverage, few Americans even know it happened.

The lucky Mr. Lady’s story has followed a similar trajectory. Having vanished in mid-air, he has managed so far not to reappear anywhere in the U.S. press. What followed was no further news, editorial silence, and utter indifference to an act of protection that might otherwise have seemed to define illegality on an international level. There was no talk in the media, in Congress, or anywhere else about the U.S. handing over a convicted criminal to Italy, just about how the Russians must return a man Washington considers a criminal to justice.

This, then, is our world: a single megapower has, since September 2001, been in a financing and construction frenzy [28] to create the first global surveillance state; its torturers run free; its kidnappers serve time at liberty in this country and are rescued if they venture abroad; and its whistleblowers — those who would let the rest of us know what “our” government is doing in our name — are pilloried. And so it goes.

All of it adds up to a way of life and the everyday tradecraft of a one-superpower world. Too bad Alfred Hitchcock isn’t around to remake some of his old classics. Imagine what a thriller The Lady Vanishes would be today.

See more stories tagged with:
Alfred Hitchcock [29],
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austria [32],
beijing [33],
bolivia [34],
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congress [37],
Constitutional law professor president [38],
conviction [39],
costa rica [40],
Department of State [41],
Diplomatic Relations [42],
Edward Snowden [43],
egypt [44],
evo morales [45],
germany [46],
Hassan Mustafa Osama Nasr [47],
hosni mubarak [48],
human rights watch [49],
indictment [50],
Interpol [51],
Italian government [52],
italy [53],
latin america [54],
Marie Harf [55],
milan [56],
moscow [57],
Nelson Rockefeller [58],
obama administration [59],
panama [60],
Person Career [61],
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politics [66],
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russia [69],
Samantha Powers [70],
tehran [71],
The Lady Vanishes [72],
Turin [73],
u.s. government [74],
u.s. military [75],
united nations [76],
united states [77],
vice president [78],
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Source URL: http://www.alternet.org/world/cia-operative-indicted-extraordinary-renditions-vanished-map-twice

Links:
[1] http://www.tomdispatch.com/
[2] http://www.alternet.org/authors/tom-engelhardt-0
[3] http://tomdispatch.us2.list-manage.com/subscribe?u=6cb39ff0b1f670c349f828c73&id=1e41682ade
[4] https://en.wikipedia.org/wiki/Nelson_Rockefeller#Death
[5] http://nymag.com/news/features/scandals/nelson-rockefeller-2012-4/
[6] http://www.tomdispatch.com/post/7789/engelhardt_la_dolce_vita
[7] http://www.mcclatchydc.com/2013/07/27/197823/us-allowed-italian-kidnap-prosecution.html?utm_source=twitterfeed&utm_medium=twitter#.UfRpP1PkDhZ
[8] http://www.thedailybeast.com/articles/2013/07/19/cia-agent-robert-seldon-lady-italy-s-most-wanted.html
[9] http://www.matthewacole.com/2007/03/01/blowback/
[10] http://www.nytimes.com/2009/11/05/world/europe/05italy.html
[11] http://news.yahoo.com/us-panama-sent-ex-cia-officer-us-not-215015192.html
[12] https://en.wikipedia.org/wiki/United_States_invasion_of_Panama
[13] http://www.tomdispatch.com/blog/175725/tomgram%3A_engelhardt%2C_can_edward_snowden_be_deterred/
[14] http://articles.washingtonpost.com/2013-07-03/world/40349774_1_bolivian-cochabama-aymara-indian
[15] http://abcnews.go.com/International/wireStory/italy-bid-hold-cia-chief-rejected-panama-19751633
[16] http://en.wikipedia.org/wiki/Amanda_Knox
[17] http://abcnews.go.com/US/amanda-knox-million-book-deal-harpercollins/story?id=15690686
[18] http://www.nytimes.com/2013/07/27/world/europe/edward-snowden.html
[19] http://www.guardian.co.uk/commentisfree/2013/jul/05/latin-america-us-morales-imperialism
[20] http://www.guardian.co.uk/world/2013/jul/12/edward-snowden-to-meet-amnesty-and-human-rights-watch-at-moscow-airport-live-coverag
[21] http://www.state.gov/r/pa/prs/dpb/2013/07/211891.htm
[22] http://www.huffingtonpost.com/2013/06/11/john-boehner-edward-snowden_n_3420635.html
[23] http://www.rawstory.com/rs/2013/06/23/rep-peter-king-calls-rand-pauls-remarks-on-snowden-absolutely-disgraceful/
[24] http://www.guardian.co.uk/commentisfree/2012/aug/31/obama-justice-department-immunity-bush-cia-torturer
[25] http://www.guardian.co.uk/world/2013/jul/20/venezuela-united-states-samantha-power
[26] http://themoderatevoice.com/184760/with-robert-seldon-lady-america-humiliates-italy-la-repubblica-italy/
[27] http://www.npr.org/2013/07/05/198906520/south-american-leaders-back-morales-in-plane-row
[28] http://www.washingtonpost.com/world/national-security/nsa-growth-fueled-by-need-to-target-terrorists/2013/07/21/24c93cf4-f0b1-11e2-bed3-b9b6fe264871_story.html
[29] http://www.alternet.org/tags/alfred-hitchcock
[30] http://www.alternet.org/tags/amanda-knox
[31] http://www.alternet.org/tags/arrest-0
[32] http://www.alternet.org/tags/austria-0
[33] http://www.alternet.org/tags/beijing-0
[34] http://www.alternet.org/tags/bolivia
[35] http://www.alternet.org/tags/candidate-position
[36] http://www.alternet.org/tags/central-intelligence-agency
[37] http://www.alternet.org/tags/congress-0
[38] http://www.alternet.org/tags/constitutional-law-professor-president
[39] http://www.alternet.org/tags/conviction-0
[40] http://www.alternet.org/tags/costa-rica
[41] http://www.alternet.org/tags/department-state
[42] http://www.alternet.org/tags/diplomatic-relations
[43] http://www.alternet.org/tags/edward-snowden
[44] http://www.alternet.org/tags/egypt-0
[45] http://www.alternet.org/tags/evo-morales
[46] http://www.alternet.org/tags/germany-0
[47] http://www.alternet.org/tags/hassan-mustafa-osama-nasr
[48] http://www.alternet.org/tags/hosni-mubarak-0
[49] http://www.alternet.org/tags/human-rights-watch-0
[50] http://www.alternet.org/tags/indictment
[51] http://www.alternet.org/tags/interpol
[52] http://www.alternet.org/tags/italian-government
[53] http://www.alternet.org/tags/italy-0
[54] http://www.alternet.org/tags/latin-america
[55] http://www.alternet.org/tags/marie-harf
[56] http://www.alternet.org/tags/milan
[57] http://www.alternet.org/tags/moscow-0
[58] http://www.alternet.org/tags/nelson-rockefeller
[59] http://www.alternet.org/tags/obama-administration-0
[60] http://www.alternet.org/tags/panama-0
[61] http://www.alternet.org/tags/person-career
[62] http://www.alternet.org/tags/person-communication
[63] http://www.alternet.org/tags/person-location
[64] http://www.alternet.org/tags/person-relation
[65] http://www.alternet.org/tags/person-travel
[66] http://www.alternet.org/tags/politics-0
[67] http://www.alternet.org/tags/president-0
[68] http://www.alternet.org/tags/robert-seldon-ladyrecently
[69] http://www.alternet.org/tags/russia-0
[70] http://www.alternet.org/tags/samantha-powers
[71] http://www.alternet.org/tags/tehran
[72] http://www.alternet.org/tags/lady-vanishes
[73] http://www.alternet.org/tags/turin
[74] http://www.alternet.org/tags/us-government
[75] http://www.alternet.org/tags/us-military-1
[76] http://www.alternet.org/tags/united-nations
[77] http://www.alternet.org/tags/united-states
[78] http://www.alternet.org/tags/vice-president
[79] http://www.alternet.org/tags/washington-0
[80] http://www.alternet.org/tags/assistant
[81] http://www.alternet.org/%2Bnew_src%2B

Published on Alternet (http://www.alternet.org)
Tom Dispatch [1] / By Tom Engelhardt [2]
July 28, 2013

Find this story at 28 July 2013

© AlterNet

Ein CIA-Team reist nach Italien, entführt einen Verdächtigen nach Ägypten. Dort wird er mehr als ein Jahr lang verhört und gefoltert. Auf der IT-Konferenz Black Hat berichtete ein Reporter jetzt, wie Telefon-Metadaten die CIA-Operation verrieten – und Dutzende Agenten enttarnten.

“Ich habe keinen technischen Hintergrund”, entschuldigt sich Matthew Cole, Journalist bei NBC News, bei den Besuchern der IT-Sicherheitskonferenz Black Hat in Las Vegas, “aber ich habe eine Geschichte für euch.” Einen Spionagethriller, bei dem Metadaten eine geheime Entführung der CIA verraten.

Der Zugriff erfolgt am 17. Februar 2003 in Mailand. Nach wochenlanger Beobachtung entführt ein CIA-Team den Imam Abu Omar aus Italien und bringt ihn mit einem kleinen Flugzeug über Ramstein in Deutschland nach Ägypten. Dort wird er 14 Monate lang gefangen gehalten und verhört. “Es war die Zeit nach den Anschlägen vom 11. September, die CIA suchte wie besessen weltweit nach Qaida-Anhängern”, sagt Cole. Der SPIEGEL berichtete im Jahr 2006 ausführlich über den Fall.

Abu Omar, der in der Mailänder Islamistenszene gegen die USA gehetzt und selbst in Afghanistan gekämpft hatte, stand im Verdacht, Kämpfer für al-Qaida zu rekrutieren. Die CIA handelt, ohne die italienischen Behörden zu informieren, und lässt Abu Omar verschwinden. Die italienische Staatsanwaltschaft nimmt Ermittlungen auf. Sie weiß durch eine Zeugin, wann das Entführungsopfer wo zuletzt gesehen wurde. “Die Polizei hatte den Ort und den Tag des Verschwindens”, sagt Cole. Von den Mobilfunkprovidern fordern die Ermittler die Funkzellendaten an. Sie wollen wissen, welche Mobiltelefone sich am Tag der Entführung in der Gegend befunden haben. “Aber es gab ein paar Probleme, das zog sich hin”, sagt Cole.

Muster und Zusammenhänge in großen Datenmengen

Dann klingelt bei Abu Omars Ehefrau in Mailand das Telefon: Die Ägypter haben ihn freigelassen, nach 14 Monaten. Abu Omar erzählt von seiner Entführung und von Folter. Die italienischen Ermittler hören mit, der Anschluss wird überwacht. Der Verdacht bestätigt sich nun: Es gab eine verdeckte Operation, die USA könnten dahinterstecken. “Gleichzeitig konnten die Daten ausgewertet werden”, sagt Cole. Die Italiener nutzen dazu eine Software namens Analyst’s Notebook. Das Programm findet in großen Datenmengen Muster und Zusammenhänge.

Tatsächlich liefert Analyst’s Notebook einen Hinweis: eine Reihe von Handys, deren Besitzer nur untereinander kommunizieren. Die italienischen Ermittler sehen sich diese Telefonnummern genauer an, untersuchen die Verbindungsdaten und stoßen auf ein Netzwerk: “Sie fanden 18 Personen und 35 Telefone”, sagt Cole. Mit den Daten, welches Telefon wann in welcher Funkzelle eingebucht war, können sie Bewegungsprofile erstellen. Zwei Monate vor der Entführung werden die Telefone aktiviert, zwei Tage danach abgeschaltet.

Die CIA-Agenten nehmen nicht die Akkus aus den Handys

Mehr als ein Jahr nach der Entführung können die italienischen Behörden nachvollziehen, wie die Operation abgelaufen war. “Sie konnten sehen, wie die CIA-Agenten Abu Omar observierten. Nach einem Acht-Stunden-Tag nahmen die Agenten nicht etwa den Akku aus den Telefonen, sondern sie gingen schlafen.”

Die Telefone lagen eingeschaltet über Nacht mehrere Stunden an einem Ort. “Also gingen die Ermittler los, fanden Hotels und fragten nach amerikanischen Gästen.” Einer der Agenten, der für den Kontakt zwischen dem Entführungsteam und dem örtlichen CIA-Quartier zuständig war, hatte dabei seinen richtigen Namen genutzt. Cole macht ihn später in den USA ausfindig. “Ich kann nicht empfehlen, bei ihm zu Hause an die Tür zu klopfen. Er reagiert etwas empfindlich auf seine Enttarnung”, sagt Cole. Einen Schlag ins Gesicht habe er abbekommen.

Die italienischen Ermittler haben Glück: Sie können eine Verbindung zur CIA nachweisen. Nachlässigkeiten seitens des Geheimdiensts tragen dazu bei: “Die Agenten hatten Kreditkarten mit ähnlichen Nummern.” Außerdem finden sie durch die Verbindungsdaten heraus, das ein Telefon, das bei der Entführung genutzt wurde, später mit neuer Sim-Karte für Kontakte zur CIA-Station genutzt wurde.

“Metadaten verraten viel mehr”

“In der aktuellen Debatte um Metadaten heißt es doch: Inhalte von Gesprächen würden nicht erfasst, es gebe kein Problem mit der Privatsphäre”, sagt Cole. Die aufgedeckte CIA-Operation zeige das Gegenteil: “Metadaten verraten viel mehr.” Mit Hilfe von Netzwerkanalyse und Datenvisualisierung kommt die Staatsanwaltschaft der CIA auf die Spur. 2009 verurteilt ein Gericht in Mailand 22 US-Staatsbürger zu fünf Jahren Gefängnis, ein Angeklagter bekommt acht Jahre Gefängnis, drei Amerikaner werden mit dem Verweis auf diplomatische Immunität freigesprochen.

“Der Fall hat immer noch reale Konsequenzen”, sagt Cole. “Soweit ich weiß, gibt es keinen Auslieferungsantrag.” Italien wolle es sich wohl mit den USA nicht verscherzen. “Aber die enttarnten Agenten können nicht mehr ohne weiteres reisen”, sagt Cole. Beim Geheimdienst sei der Fall als “Italian Job” bekannt, benannt nach einem Filmklassiker. Bei der Untersuchung, wie das alles passiere konnte, soll einer der Agenten gesagt haben: Ihnen sei erzählt worden, dass ein Handy versteckt in einer Packung Chips keine Signale mehr aussenden könne. “Er meine wohl einen Faradayschen Käfig. Dafür ist eine Chipstüte nicht stark genug”, sagt Cole.

Ein weiterer Fall, in dem Metadaten zur Enttarnung von CIA-Mitarbeitern genutzt wurde, ging für den Geheimdienst weniger glimpflich aus. Cole erzählt, dass die Hisbollah 2011 in Beirut zwei Doppelagenten einschleusen konnte. “Die Hisbollah hat dann 90 Prozent des Informanten-Netzwerks im Libanon aufgedeckt. Sie haben sich die Metadaten angesehen, die Telefone ausgewertet.” Viele der Informanten und Agenten seien festgenommen und vermutlich getötet worden, sagt Cole.

Korrektur: In einer früheren Version dieses Artikels wurde ein US-Staat namens North Virginia erwähnt. Natürlich gibt es einen Staat dieses Namens nicht, nur Virginia und West Virginia. Wir haben den Fehler entfernt und bitten, ihn zu entschuldigen.

02. August 2013, 12:38 Uhr
Aus Las Vegas berichtet Ole Reißmann

Find thhis story at 2 August 2013

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