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Records detail mosque spying; NYPD defends tactics

By Matt Apuzzo

Associated Press

Published: Friday, Feb. 24 2012 1:21 p.m. MST

NEW YORK — The New York Police Department targeted Muslim mosques with tactics normally reserved for criminal organizations, according to newly obtained police documents that showed police collecting the license plates of worshippers, monitoring them on surveillance cameras and cataloging sermons through a network of informants.

The documents, obtained by The Associated Press, have come to light as the NYPD fends off criticism of its monitoring of Muslim student groups and its cataloging of mosques and Muslim businesses in nearby Newark, N.J.

The NYPD's spokesman, Paul Browne, forcefully defended the legality of those efforts Thursday, telling reporters that its officers may go wherever the public goes and collect intelligence, even outside city limits.

The new documents, prepared for Police Commissioner Raymond Kelly, show how the NYPD's roster of paid informants monitored conversations and sermons inside mosques. The records offer the first glimpse of what those informants, known informally as "mosque crawlers," gleaned from inside the houses of worship.

For instance, 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. Muslim leaders preached peace and urged people to protest lawfully. Write letters to politicians, they said. Some advocated boycotting Danish products, burning flags and holding rallies.

All of that was permissible under law and protected by the First Amendment to the Constitution. All was reported to the NYPD by its mosque crawlers and made its way into police files for Kelly.

"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," one report read.

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 planning a demonstration, one of the people involved in the discussion about how to get a permit was, in fact, working for the NYPD.

"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, and a court order in that case governs how the NYPD may collect intelligence.

Eisenstein said the documents prove the NYPD has violated those rules.

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

Browne, the NYPD spokesman, did not discuss specific investigations Thursday but told reporters that, because of the Handschu case, the NYPD operates under stricter rules than any other department in the country. He said police do not violate those rules.

His statements were intended to calm a controversy over a 2007 operation in which the NYPD mapped and photographed all of Newark's mosques and eavesdropped on Muslim businesses. Newark Mayor Cory Booker said he was never told about the surveillance, which he said offended him.

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