NYPD has labeled mosques terror groups, spied on them: AP

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

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

Since the 9/11 attacks, the NYPD has opened at least a dozen "terrorism enterprise investigations" into mosques, according to interviews and confidential police documents. The TEI, as it is known, is a police tool intended to help investigate terrorist cells and the like.

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

The documents show in detail how, in its hunt for terrorists, the NYPD investigated countless innocent New York Muslims and put information about them in secret police files. As a tactic, opening an enterprise investigation on a mosque is so potentially invasive that, while the NYPD conducted at least a dozen, the FBI never did one, according to interviews with federal law enforcement officials.

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

The revelations about the NYPD's massive spying operations are in documents recently obtained by The Associated Press and part of a new book, "Enemies Within: Inside the NYPD's Secret Spying Unit and bin Laden's Final Plot Against America." The book, by AP reporters Matt Apuzzo and Adam Goldman, is based on hundreds of previously unpublished police files and interviews with current and former NYPD, CIA and FBI officials.

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

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

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

"As a matter of department policy, undercover officers and confidential informants do not enter a mosque unless they are following up on a lead," Kelly wrote recently in The Wall Street Journal. "We have a responsibility to protect New Yorkers from violent crime or another terrorist attack -- and we uphold the law in doing so."

An NPYD spokesman declined to comment.

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The NYPD did not limit its operations to collecting information on those who attended the mosques or led prayers. The department sought also to put people on the boards of New York's Islamic institutions to fill intelligence gaps.

One confidential NYPD document shows police wanted to put informants in leadership positions at mosques and other organizations, including the Arab American Association of New York in Brooklyn, a secular social-service organization.

Linda Sarsour, the executive director, said her group helps new immigrants adjust to life in the U.S. It was not clear whether the department was successful in its plans.

The document, which appears to have been created around 2009, was prepared for Kelly and distributed to the NYPD's debriefing unit, which helped identify possible informants.

Around that time, Kelly was handing out medals to the Arab American Association's soccer team, Brooklyn United, smiling and congratulating its players for winning the NYPD's soccer league.

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

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

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

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

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

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

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

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

Doing so allowed police, in effect, to treat anyone who attends prayer services as a potential suspect. Sermons, ordinarily protected by the First Amendment, could be monitored and recorded.

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

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

Rimawi, 59, came to the U.S. decades ago from Israel's West Bank.

"Ray Kelly, shame on him," he said. "I am American."

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