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The Girls’ School that Terrifies Ray Kelly

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This is the Al Muslimaat Academy, a school for fifth through twelfth grade girls certified by New Jersey’s Department of Education. It is one of the many locations in Newark spied on by Ray Kelly’s spies in 2007.

They considered it a “Madrassah.”

They even mapped it out, along with a different school teaching first through fourth graders. I guess in case they needed to find a bunch of Muslim kids quickly.

Today’s installment of the AP’s CIA-on-the-Hudson series takes us out of the city altogether, to Newark, where the NYPD mapped out the Muslim community without even informing with Cory Booker, Newark’s Mayor, first.

According to the report, the operation was carried out in collaboration with the Newark Police Department, which at the time was run by a former high-ranking NYPD official. But Newark’s mayor, Cory Booker, said he never authorized the spying and was never told about it.
“Wow,” he said as the AP laid out the details of the report. “This raises a number of concerns. It’s just very, very sobering.”

Booker says he will investigate.

After the AP approached Booker, he said the mayor’s office had launched an investigation.
“We’re going to get to the bottom of this,” he said.

Now, the NYPD might be forgiven for looking for terrorists in Newark. After all, in the summer of 2001, the 9/11 hijackers used Newark as a staging ground to prepare for their attack.

But they didn’t, as far as we know, frequent mosques at all. They spent time in cheap motels and cheap restaurants, gyms, and cybercafes. They had the operational security to do most of these things in separate places, heading to Patterson and Wayne.

They certainly didn’t plot out 9/11 in a girls’ school.

All of which shows, yet again, how futile this whole program is and was. Futile, that is, if you’re actually trying to stop terrorism. It’s perfect if you want to cow members of an entire faith by criminalizing their schools, butchers, and places of worship.

“Terror” by Scare Quote

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Ten invented or scare quotes. That’s what the NY Post employs in an effort to discredit the AP’s latest report on the CIA-on-the-Hudson, this time describing surveillance of Muslim college students extending across the Northeast:

“civil rights”

“gotcha”

“workplace violence”

“workplace violence”

“civil rights”

“racist”

“racist”

“students”

“oppressed minority”

“suspect pool”

The concepts of civil rights, racism, oppressed minorities, and suspect pools are bracketed, presumably marking them as facetious or illegitimate concepts.

The Pentagon, currently seeking the death penalty for Nidal Hasan’s attack on Fort Hood, is accused of treating the attack as “workplace violence.”

The 9/11 hijackers, who did in fact enroll in flight schools to learn how to turn passenger jets into missiles, are accused of just posing as “students,” presumably in an effort to suggest that young adult Muslims studying at colleges ranging from Yale to Laguardia Community College who were surveilled by the NYPD must also be posing too.

And it’s not just by using quotation marks that the Post invents its own reality.

It suggests the NYPD has stopped “countless” terrorist attacks, when the number of total attacks in the last decade was fewer than 20, and the two most important–Faisal Shahzad and Najibullah Zazi–the NYPD missed.

Closely watching wannabe jihadis not only at home but across the country and around the world, the NYPD has foiled countless terror operations,

It supports the claim that the targets of surveillance here are wannabe jihadis by suggesting that Mike Bloomberg and Ray Kelly are simply not telling the public the evidence justifying their profiling of innocent Muslims.

The AP story also breathlessly notes that “the latest documents mention no wrongdoing by any students,” even though “Kelly and Mayor Bloomberg repeatedly have said that the police only follow legitimate leads about suspected criminal activity.”

Was the AP born yesterday?

There’s always a gap between what public officials say to the “gotcha” media and what they actually must do — especially when it comes to terrorism. If officials could candidly talk about the daily reports they get about possible lethal jihadist activity, the country would be in a state of permanent panic.

Never mind that the AP has published at least two documents showing reports sent directly to Kelly reviewing surveillance that admits no underlying leads. The Post is willing to assert, presumably having seen less raw data than the AP, that there must be more terrorism there, terrorism worthy of permanent panic if only we knew.

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How Do You Profile J. Edgar Kelly with Almost No Mention of Domestic Spying?

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In 1974, the NYT made history with a story that reported,

An extensive investigation by the NYT has established that intelligence files on at least 10000 U.S. citizens were maintained by a special unit of the CIA

In 2005, the NYT again made history by exposing illegal domestic wiretapping.

Yet today’s NYT managed to publish a 2,500-word story depicting Ray Kelly as some sort of J. Edgar Hoover figure with little mention–much less criticism–of the domestic spying Kelly’s NYPD conducts on New Yorkers.

Much of the article vents complaints that Kelly has gotten remote, that he no longer cooks spaghetti for his officers. It buries an on the record quote from the president of the Sergeants Benevolent Association saying, “Among the rank-and-file, and even among the brass when I have talked to them, they are dying for a change” in the second-to-last paragraph.

But the five paragraphs addressing the rising number of scandals associated with the NYPD are striking for the way they deal with revelations of the domestic spying operation Kelly now oversees.

After years of undeniable success, Commissioner Raymond W. Kelly is going through turbulent times, confronted with a steady drip of troublesome episodes. They include officers fixing traffic tickets, running guns and disparaging civilians on Facebook, and accusations that the Police Department encourages officers to question minorities on the streets indiscriminately. His younger son has been accused of rape, though he has not been charged and maintains his innocence. On Thursday, in an episode that Mr. Kelly said concerned him, an officer killed an 18-year-old drug suspect who was unarmed.

[snip]

He has built a counterterrorism machine with tentacles in 11 foreign cities, irritating federal agencies. There has been no successful terrorist attack on his city while he has been commissioner. He has instead been engulfed in the past year largely by familiar police corruption story lines, of human beings succumbing to greed or audacity.

Over the past year, two officers charged with raping a woman were fired after being acquitted of rape but found guilty of official misconduct. A broad ticket-fixing scandal flared in the Bronx; when the accused officers were arraigned, hundreds of officers massed in protest, some denouncing Mr. Kelly. Eight current and former officers were charged with smuggling illegal guns. Narcotics detectives were accused of planting drugs on innocent civilians. An inspector needlessly pepper-sprayed four Occupy Wall Street protesters, invoking memories of the scrutiny and mass arrests of protesters during the 2004 Republican National Convention, and giving the nascent movement its first real prime-time moment.

Civil rights advocates have assailed the department’s expanded stops of minorities on the streets. Several officers denigrated West Indians on Facebook. Muslims have denounced the monitoring of their lives, as Mr. Kelly has dispatched undercover officers and informants to find radicalized youth.

This year began with the revelation that a film offensive to Muslims, which included an interview with Mr. Kelly, had been shown to many officers.

The foreign intelligence “irritates federal agencies.” “Muslims have denounced” domestic spying. An inaccurate and counterproductive film is “offensive to Muslims.” The NYT seems anxious to dissociate itself from any criticism of the domestic spying, as if it’s something only the targets should worry about, as if incorporating Islamophobia into police training has no negative effects.

Worse, the juxtaposition of the irritated federal agencies with the proclamation that there has been no successful attack seems to be an attempt to justify the domestic spying. Never mind that the two most serious attempted attacks–by Faisal Shahzad and Najibullah Zazi–were not discovered by Kelly’s domestic spying. Never mind that the investigation into Zazi’s plot was significantly harmed when the NYPD tipped Zazi off to it through his imam, whom the NYPD believed to be a reliable informant.

With the transition, “[h]e has instead been engulfed … by familiar police corruption story lines, of human beings succumbing to greed or audacity,” the article logically distinguishes the domestic spying from the other things, the real scandals, according to the NYT.

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Target of New Year’s Day Firebombing Also Target of NYPD Intelligence Collection

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The latest Goldman and Apuzzo report on the CIA-on-the-Hudson provides proof that Ray Kelly and Mike Bloomberg’s claims that religious institutions are not profiled are false.

The New York Police Department recommended increasing surveillance of thousands of Shiite Muslims and their mosques, based solely on their religion, as a way to sweep the Northeast for signs of Iranian terrorists, according to interviews and a newly obtained secret police document.

[snip]

The secret document stands in contrast to statements by Mayor Michael Bloomberg, who said the NYPD never considers religion in its policing. Kelly has said police go only where investigative leads take them, but the document described no leads to justify expanded surveillance at Shiite mosques.

The 2006 intelligence document they obtained shows not just affirmative spying on Shiites as Shiites, but also a really muddled sense of the religious faiths of Iranians, Lebanese, and other Middle Eastern groups in this country.

But I’m particularly interested in one target of intelligence collection, according to the intelligence document: the Al-Khoei Islamic Center. That’s the mosque Ray Lazier Lengend firebombed on New Year’s Day.

The intelligence report includes the following on the mosque:

Source reporting indicates that members of Alavi Foundation are worshipping and conducting business at the Al-Khoei Islamic Center located in Jamaica, Queens,

[snip]

Expand and focus intelligence collection at the Al-Khoei Islamic Center.

[snip]

Hassan Fares [alleged to be a Hezbollah member or sympathizer and accused of extorting money for the mosque] has been observed in attendance at the Al-Khoei Center and has close ties to Fadhel al-Sahlani, the Imam of Al-Khoei. The Iraqi-born al-Sahlani is alleged to be the highest Shi’a religious authority in North America. On January 13, 2006, al-Sahlani was quoted by media sources stating that the Holocaust “has been exaggerated,” that “the numbers which have been mentioned are too much.” Al-Sahlani added that the “killing of innocent Jews during the war was an injustice,” but that the extent of Nazi persecution needed further examination. This was in support of statements made [sic] the Iranian President in regard to Holocaust. The Al-Khoei Center and al-Sahlani have been the subjects of law enforcement investigations by NYPD, JTTF, and the FBI. Al-Sahlani is the subject of a JTTF investigation for “attempting to depart the country with excess funds” and in late 2003, he was the subject of a lead investigation conducted by the Queens Case Team that alleged al-Sahlani was providing funds to a terrorist organization overseas. In January 2004, the case was closed as “unfounded.”

Open source research suggests that the UK-based Al-Khoei Benevolent Foundation, of which Al-Khoei Islamic Center is part, is the largest Shi’a organization in the world. Treasury Enforcement Communication System (TECS) inquiries reveal the Al-Khoei Benevolent Foundation allegedly imported Islamic books from Lebanon into the US. In addition, according to the California-based Islamic Education Center’s (IEC) newsletter, an “Al-Khoei Center” in New York was identified as an organization where IEC members (in this case, California State prison inmates) can obtain books and other similar resources.

[The intelligence report includes an additional allegation about the UK parent organization’s potential ties to purchasing information about chemical propulsion in violation of sanctions against Iran.]

To be clear, there is much that merits investigation–and it looks like appropriate authorities have done so and in at least some of the cases, proved the allegations to be unfounded. There is much that doesn’t merit investigation, such as the provision of religious materials to prisoners.

But in this instance, the stated reason to conduct this heightened investigation of Al-Khoei (as well as other Shiite, Iranian, and Palestinian) institutions is because,

The present diplomatic conflict between the US and Iran over Iran’s nuclear proliferation has the potential to evolve into armed confrontation between the two nations.

The report, dated May 15, 2006, preceded the Israeli attack on Lebanon by just a few months.

So maybe the NYPD claims it only profiles religious institutions if the US is drumming up war against them? And is it the NYPD’s stance, then, at times of increased Iranian-US tensions (like, say, now), the Al-Khoei Islamic Center is a fair target?

Judy Miller Discovers the Word “Claim”

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Judy Miller, first amendment martyr, has finally found an assertion that she distrusts enough to diminish by using the word “claim:”

NYPD’s critics have complained about potential invasions of privacy and disruptions of New Yorkers’ civil liberties. During the Occupy Wall Street protests, several reporters and citizens claimed to have been abused and arrested without justifiable cause. [my emphasis]

Now, to her credit, she also modified Ray Kelly’s assertion that those who have Occupied Wall Street are anarchists.

He defended the NYPD’s dismantlement of the Occupy Wall Street encampment at Zuccotti Park last fall and its handling of the protests that threatened to block vehicular and foot traffic on city streets. Handling such demonstrations, said Kelly, was “a contact sport.” “Sometimes we overreact,” he conceded. “We make mistakes.” But by and large, he concluded, the department had done a “good job” of enabling social protest while also protecting the city against violent disruptions caused by a minority of what he called “anarchists.” [my emphasis]

Not to get all Truth Vigilante on an esteemed journalist like Judy Miller, but these are both testable assertions. There are videos clearly showing journalists being pushed around and arrested even though they were properly credentialed. And any discussion of the treatment of journalists at Occupy Wall Street must go further, to talk about how journalists were managed to ensure they couldn’t cover certain things, and how more generally the NYPD refused to credential journalists so they could cover it. And while you’re at it, it might be nice to mention that regular people also were abused and arrested without justifiable cause, not just journalists.

But then you might also have to go further when challenging Kelly’s claims than simply scare-quoting them. In fact, in most cases, violent disruptions were caused by the NYPD, not protestors.

Though, I guess if Ray Kelly wants to call his force a bunch of anarchists, he would know.

Is It Any Surprise NYPD Would Investigate Anti-Muslim Terrorism as a “Bias Crime”?

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A number of people have observed the NYT’s description of 4 arson attacks apparently targeting Muslim sites (though one was actually Hindu) as “bias crimes.”

A wave of arson attacks spread across eastern Queens on Sunday night, and the police said the firebombings were being investigated as bias crimes — with Muslims as the targets.

But the choice to call this a “bias crime” rather than terrorism appears to come from the NYPD, not the NYT; the WSJ uses the same formulation.

Police on Monday were working to determine whether a series of suspected arson attacks against an Islamic cultural center and three other locations in Queens were linked, and were investigating the incidents as bias crimes against Muslims.

So it appears that someone mapped out four locations they believed to be Muslim sites and threw Molotov cocktails at them (in the case of the mosque, during a worship service at which 80 people were present). As the WSJ noted, the attacks followed closely on threats specifically mentioning Molotov cocktails posted on an anti-Muslim site.

Ibrahim Hooper, a spokesman for the advocacy group, said CAIR recently called on the FBI to investigate threats targeting mosques posted on an anti-Islam blog called “Bare Naked Islam.”

One comment on the site read: “Throw 10 Molotov cocktails into these mosques and burn them down,” according to Hooper. By Monday, the comment appeared to have been taken down by blog operator WordPress.com.

Now, let me be clear: nothing excuses the behavior of those targeting Muslims and Hindus; nothing excuses this kind of terrorism.

But it is worth noting that the same entity–the NYPD–that is treating these crimes as “bias crimes” rather than terrorism is the same entity that has set out to “map ethnic residential concentrations” and “ethnic hot spots” in NY, purportedly in pursuit of terrorism. It has called houses of worship a “key indicator.” It has mapped out some of the very same neighborhoods in which the attacks were launched.

You see, if the NYPD called this terrorism, they might have to start mapping out entirely different neighborhoods to find terrorists.

Update: Now that I think about it, using NYPD’s logic, the first place NYPD would have to profile if they considered this terrorism is Starbucks, given that 3 of 4 of the Molotov cocktails were made out of Starbucks bottles.

Update: NYPD has the hate crimes unit and precinct cops, but not the intelligence unit, investigating the attacks.

Meanwhile, political leaders spoke out against the incidents. Mayor Michael Bloomberg said New York Police Department hate crimes unit detectives were working with precinct detectives and looking into whether there were any connections to incidents outside the city.

NYDN: Census Now Mapping Your Back Hallways

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A bunch of leaders in NYC’s Muslim community have declined Mayor Mike Bloomberg’s invitation to an interfaith breakfast because of the racial profiling done by the NYPD’s intelligence division.

The move is interesting for the press it has generated–which in turn, has also (presumably, as designed) focused new attention on the racial profiling itself

It’s interesting, too, for the obnoxious editorial written in response from the NYDN. Along with lecturing these Muslim leaders about what invitations they should accept, the NYDN claims that the NYPD had done no more than map out census data.

The plain and salutary fact is that the NYPD’s counterterrorism unit has done no more than use census data to develop a portrait of Muslim New York and then follow leads, some sent the city’s way from abroad via the CIA, when they demanded investigation.

Many a plot has been disrupted by this type of perfectly proper nonintrusive vigiliance.

I find the claim that this all came from census data alarming, given that the NYPD has actually cased out a bunch of Middle Eastern restaurants in the city, including details such as what back passages the restaurants have, as in these details about the Eastern Nights Cafe.

The restaurant consists of two stores next to each other, connected to each other from the back of the store. The restaurant also has a back yard. The restaurant has access to the basement; the access door is located on the far right of the store.

Note, too, that while NYDN might be speaking generally about the “many a plot” that has been disrupted by mapping the back hallways of NY restaurants, this surveillance has not only disrupted primarily aspirational plots, but it damaged the FBI investigation into the real plot Najibullah Zazi had planned, because one of the NYPD’s own informants tipped the Zazis off to the investigation.

And the invitation declination is interesting, finally, for the way the Muslim leaders framed this issue–as part of a larger choice on the part of the NYPD to neglect law enforcement while it engages in civil rights abuses not just of Muslims, but of people of color and Occupy Wall Street protestors.

Mayor Bloomberg, the extent of these civil rights violations is astonishing, yet instead of calling for accountability and the rule of law, you have thus far defended the NYPD’s misconduct. We, on the other hand, believe that such measures threaten the rights of all Americans, and deepen mistrust between our communities and law enforcement. We are not alone in our belief. Many New Yorkers continue to express a variety of concerns centered on a lack of law enforcement accountability in our city, from stop and frisk procedures in African American and Spanish-speaking communities, to the tactics used in the evacuation of Zuccotti Park.

That’s really what the NYPD surveillance is about: prioritizing the profiling of an entire community (even while periodically and repeatedly stopping and frisking totally innocent people of color), rather than investigating and solving actual crimes.

The Bloomie and Kelly Show … with Fake Video Props!

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Just three days after NYPD’s cops overreacted to First Amendment protests, and two days after NY’s Muslim community protested NYPD’s heavy handed spying, Mike Bloomberg and Ray Kelly decided to roll out a big press conference to announce …

A pipe bomb.

The person who intended to use the pipe bomb is a “lone wolf” al Qaeda sympathizer  named Jose Pimental who lives with his mother.

Authorities have been tracking Pimental since May 2009 and reports are an informant was involved, which might explain why he moved from strictly talking about violence to actually going to Home Depot to buy a few pipes and (as bmaz describes it) some Christmas lights to make his bomb.

Now, Bloomie and Kelly tried to make this look spectacular. They went to the effort of blowing up a car and videotaping it to show what the bomb could have done–though there’s no indication that his pipe bombs were ever operational. (No, no journalists asked who paid for the car the NYPD destroyed so they could have a nice video prop.)

They also made a nice model of Pimental’s Christmas lights bomb.

Kelly tried to suggest that Pimental aspired to hit the same targets that Occupy Wall Street protestors were targeting. “We remain the nation’s financial capital,” he said, suggesting that’s why Pimental targeted NY. Except that Pimental’s planned targets–like the post office in Washington Heights or soldiers returning from deployments–have nothing to do with the finance industry or even anything unique to NY.

None of Bloomie and Kelly’s efforts to put on a good show prevented the journalists present from asking, repeatedly, “Did the FBI decline to take this case?” Given the way Bloomie refused to look at the camera the third time a variant of the question was asked, I’m guessing the answer is “yes.” {Update: Ryan Reilly confirms that is in fact the case.]

The lesson to take from this terrorism porn is actually that the NYPD counterterrorism effort is useless in hunting down threats like this. Pimental was first identified in Schenectady. The Albany PD referred him to the NYPD. The NYPD didn’t find this guy, they just … nurtured him.

And Pimental was, as Bloomie repeated, a “lone wolf.” Which means no amount of infiltrating mosques and Moroccan restaurants would have found him, because he had no associations that would have revealed him (unlike Najibullah Zazi, whom the NYPD missed, even though his Imam was one of their informants).

The big questions coming out of this presser–aside from who paid to blow up a car and why Bloomie wore an ugly orange sweater to a press conference–has to do with the timing. Kelly seemed to suggest the NYPD was orchestrating this somewhat when he said, “We had always intended to take him in custody before he detonated a bomb.” In addition, he said Pimental had decided to make a bomb back in August.

So why is it that their closely watched terrorist decided to actually build a bomb at the precise moment when Bloomie’s and Kelly’s heavy handed policing, including their abusive counterterrorism spying, have lost all credibility?

Update: Here’s the complaint. You’ll like how the Officer doesn’t mention they’ve been tracking this guy since May 2010, and instead says it all started in October 2010. You’ll also enjoy how Pimental handed the informant every bit of his bomb, as if he were playing a role.

Ray Kelly Vs. Minimal Oversight

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In the AP’s first report on the NYPD’s CIA-on-the-Hudson, they quoted City Councilmen Peter Vallone reassuring that his private conversations with Ray Kelly were adequate oversight.

“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.”

A month and a half of damning new revelations later, Vallone is not so sure.

Peter Vallone, the chairman of the council’s Public Safety Committee, said the council doesn’t have the power to subpoena the NYPD for its intelligence records. And even if it did, he said the operations are too sophisticated for city officials to effectively oversee. More oversight is likely needed, he said, perhaps from the federal government.

“That portion of the police department’s work should probably be looked at by a federal monitor,” he said after Police Commissioner Raymond Kelly testified Thursday at City Hall.

But Kelly–whose cops are being filmed on an increasingly frequent basis beating and pepper spraying peaceful protestors–likes it just fine with no oversight.

Kelly told council members that the department’s internal accountability was rigorous and ensured that civil rights were being protected. And he said everything the department does is in line with court rules, known as the Handschu guidelines, that limit how and why police can collect intelligence before there’s evidence of a crime.

“The value we place on privacy rights and other constitutional protections is part of what motivates the work of counterterrorism,” he said. “It would be counterproductive in the extreme if we violated those freedoms in the course of our work to defend New York.”

[snip]

“The AP stories make it hard to believe we’re getting the balance right,” said Brad Lander, a Brooklyn councilman.

“That’s your opinion,” Kelly said. “We’re following the Handschu guidelines.”

With regard to Kelly’s racial profiling program (as opposed to the overreaction to Occupy Wall Street), it’s not actually clear who, with City Council abdicating their oversight role, can perform that oversight. The AP notes that the Obama Administration and Congress aren’t in a rush to exercise oversight over the CIA-on-the-Hudson either.

Which is precisely how Ray Kelly gets away with doing what he’s doing.

The Name of NYPD Brutality: Anthony Bologna

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The Lieutenant Deputy Inspector who pepper-sprayed a kettled, defenseless woman has been identified as Anthony Bologna. He was IDed, in part, by a lawyer representing one of the people Bologna improperly arrested during the 2004 RNC.

The Guardian has learned that the officer, named by activists as deputy inspector Anthony Bologna, stands accused of false arrest and civil rights violations in a claim brought by a protester involved in the 2004 demonstrations at the Republican national convention.

[snip]

Alan Levine, a civil rights lawyer representing Post A Posr, a protester at the 2004 event, told the Guardian that he filed an action against Bologna and another officer, Tulio Camejo, in 2007. The case, filed at the New York Southern District Court, is expected to be heard next year.

[snip]

The lawyer said Posr was arrested on 31 August 2004, after he approached the driver of a Volkswagen festooned with anti-abortion slogans.

[snip]

Levine said: “Police contend that Posr hit the man with a rolled-up newspaper. He said he was just talking to the guy. Bologna ordered another officer, Camejo, to arrest Posr.”

Posr was charged with two counts of disorderly conduct and one count of second degree harassment, and held until September 2. On November 8, all charges against him were dropped.

Levine said that, in a departure from normal police procedure, his client was held in a special detention facility, at Pier 57, where he and others arrested were held until the protests were over.

It sounds like this guy is using his badge to legally and physically abuse people whose politics he disagrees with–someone politically debating choice in 2004 and a woman opposing MOTU power this weekend.

I don’t expect Ray Kelly to do anything about such an abusive officer on his staff (in any case, the union would presumably defend Bologna if Kelly tried to fire him). But so long as he remains on the force, we have a name and a face to personify the NYPD’s brutality: Anthony Bologna.

Update: Bologna’s rank fixed. One of the women who got partly sprayed by him apparently incorrectly used that rank. h/t Cynthia Kouril.