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In New York, a Turf War in the Battle Against Terrorism

"We just see ourselves very much at risk here," said New York Police Commissioner Raymond W. Kelly. He said he does not want to rely solely on other agencies for the city's protection.
"We just see ourselves very much at risk here," said New York Police Commissioner Raymond W. Kelly. He said he does not want to rely solely on other agencies for the city's protection. (By Helayne Seidman -- The Washington Post)
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The NYPD was stunned -- the department had not been told about the plot or Faris's visits to New York. Although Faris was cooperating with federal agents in Ohio, the FBI in New York was not following up on his contacts in the city, where he stayed during his visits and where he might have tried to buy explosives.

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For months afterward, top NYPD officials -- Michael Sheehan, an ex-Army Ranger who had served as the State Department's top counterterrorism official, and Cohen, a former deputy director of the CIA -- sought access to Faris so detectives could question him about his trips. They also wanted Faris's computer, phone and address book. They were turned away.

The Justice Department moved swiftly against Faris, and he was sentenced just six months after his arrest. By the time the NYPD finally questioned him, he was serving a 20-year sentence, claiming that his guilty plea had been an error and refusing to cooperate. "We'll never even know what we missed, what leads we might have pulled," said a senior NYPD official, who spoke on the condition of anonymity to avoid creating tensions with FBI colleagues.

Asked for comment, FBI spokesman Miller said: "We realigned the way headquarters communicates with the field offices on terrorism matters, and it's unlikely that glitch could occur today."

NYPD's Global Reach

On a whiteboard in Cohen's office at One Police Plaza is a list of locations that currently trouble him. None of them are in the United States, and few of them are noted publicly by intelligence officials or counterterrorism experts in Washington.

Working with detectives posted overseas, undercover officers in New York and informants, Cohen has identified towns in South Africa, Yemen, Egypt, Jordan and Morocco that he wants NYPD officers to know. If they arrest anyone who has been to those towns, he wants to be told.

Cohen, the only person to have led the CIA's clandestine service and its analytical division, still drinks coffee out of a CIA mug. He said his work with the NYPD has given him a sense of professional freedom and accomplishment that is hard to achieve in the bureaucratized intelligence world of Washington.

A fifth of Cohen's staff was born overseas. He has 70 Arabic speakers working on counterterrorism cases, and lends some to the Defense Department and foreign intelligence agencies.

The NYPD's foreign contacts provoked early FBI complaints, particularly when the department embedded homicide detectives with Britain's Scotland Yard, Israel's Shin Bet and other overseas security services.

"The FBI had essentially a monopoly on counterterrorism work nationally, and all of a sudden this local police department shows up and is beginning to send persons around the world, is developing a system of listening posts and trip wires, and to use the most benign word I can find, they were miffed," Cohen said.

But, recently, officials in the FBI and the NYPD said the bitterness that plagued their first years after the 2001 attacks has faded. The NYPD has successfully obtained $100 million in federal funds for its counterterrorism effort.

Both departments credit the improvement to a pivotal meeting, 2 1/2 years ago, between Kelly and FBI Director Robert S. Mueller III that coincided with a change in the FBI's top staff in New York.

Mark Mershan, the FBI's assistant director in charge of New York, said he and Mueller discussed whether the NYPD's practice of posting detectives overseas was harming the bureau, and decided it was not.

Mershan said senior officials at the FBI opposed giving the NYPD its own Sensitive Compartmented Information Facility (SCIF) because it would have allowed the department to "bypass the FBI and establish its own links with the intelligence community. Clearly that has happened anyway, so I have called David Cohen and told him that we will be pleased to certify the SCIF."

Mershan emphasized that the FBI's task force has become highly cooperative in the past several years. Last month, he signed travel orders for a bureau agent and an NYPD detective to go to the Horn of Africa to investigate a new lead in the 1998 U.S. Embassy bombings. "They are going together, as partners," he said.

Staff researcher Julie Tate in Washington contributed to this report.


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