Report backs charges that N.J. Muslims were profiled

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Report backs charges that N.J. Muslims were profiled

Friday, October 07, 2005
BY RICK HEPP
Star-Ledger Staff

A confidential federal review has concluded that the state's counterterrorism agents filed 140 intelligence reports into a crime-fighting database with no grounds for suspicion other than the suspects' Muslim faith.

The report, issued this week, backs State Police contentions that the computer entries made by New Jersey's Office of Counter-Terrorism amounted to improper profiling of suspects. Because of this concern, State Police had barred counterterrorism agents from making entries into the database and on Monday removed 14 troopers who had been assigned to that office.

"The submissions, as presented, neither described any specific terrorist or other criminal activity nor contained the necessary factual information on which a determination of reasonable suspicion could have been determined," according to the U.S. Department of Justice-approved report, a copy of which was obtained by The Star-Ledger. The report added that the State Police apparently "acted responsibly in removing the 140 submissions" from their database.

The findings will be used by Attorney General Peter Harvey in a report he is expected to issue by Oct. 17 on standards for identifying potential terrorists. Harvey and State Police Superintendent Rick Fuentes believe the federal review affirms their decision to distance the State Police from Counter-Terrorism, according to top law enforcement officials.

The State Police move to reassign the troopers drew an angry response from acting Gov. Richard Codey, who said he was tired of a "turf battle" being waged between the state's top terror-fighting units. Codey on Tuesday issued an executive order removing Harvey's authority over the day-to-day operations of the Office of Counter-Terrorism.

Nearing the end of a series of federally mandated reforms to rid the State Police of racial profiling practices, the attorney general and State Police feared the computer entries could make it appear they condoned profiling.

"We have come too far under the federal consent decree to have the outfit tainted by conduct they were not involved in just because the troopers were sitting in the same office," one high-ranking law enforcement official said. "This report confirms Harvey and Fuentes did the right thing."

Kelley Heck, the governor's spokeswoman, said the report simply raises questions "that were raised weeks ago." She said Codey at the time asked U.S. Attorney Chris Christie and U.S. Homeland Security Secretary Michael Chertoff to review the database to determine whether there were any violation of federal regulations. "We await their findings," Heck said.

The acting governor's spokeswoman added that the report "was never forwarded to the governor's office and has nothing to do with profiling or with pulling ... state troopers from the Office of Counter-Terrorism on Monday."

Officials representing the attorney general, State Police, Office of Counter-Terrorism and U.S. Justice Department declined to comment on the federal review.

At issue were 140 entries that state Counter-Terrorism investigators entered into a database known as the Statewide Intelligence Management System, or SIMS. The database, overseen by the State Police, is designed to allow state, county and local law enforcement officials to share intelligence reports about criminal and terrorism suspects.

The State Police reviewed the entries in early September and wrote a memo claiming they violated a federal guideline on what personal information -- such as political, religious, or social views, associations and activities -- can be kept in an intelligence database. The guideline, which applies to systems that receive federal funding, aims to protect privacy rights by forbidding the collection of personal information not directly related to criminal conduct.

Counter-Terrorism Director Sidney Caspersen has denied his agency was profiling suspects. Instead, he said, the reports were simply incomplete and State Police officials who oversee the database had drawn the wrong conclusions.

After the dispute became public, Codey ordered Harvey to come up with new standards. As part of his probe, Harvey's office contacted the Justice Department in Washington to conduct a technical review of SIMS. The federal government commissioned and paid the Institute for Intergovernmental Research for the review.

Members of the research institute traveled to New Jersey Sept. 27 to meet with members of the State Police and the state Attorney General's Office. During the meeting, the State Police described the questionable reports to the auditors, who did not personally view them because they did not have security clearance.

Their report was completed earlier this week and was approved by the Justice Department. The Attorney General's Office got a copy of it Tuesday.

The Florida-based group that wrote the review currently has eight other contracts with the Justice Department to provide training, research and technical assistance on systems similar to SIMS. One of the authors has also served as an administrator in the Justice Department.

The findings will be used by Attorney General Peter Harvey in a report he is expected to issue by Oct. 17 on standards for identifying potential terrorists. Harvey and State Police Superintendent Rick Fuentes believe the federal review affirms their decision to distance the State Police from Counter-Terrorism, according to top law enforcement officials.

The State Police move to reassign the troopers drew an angry response from acting Gov. Richard Codey, who said he was tired of a "turf battle" being waged between the state's top terror-fighting units. Codey on Tuesday issued an executive order removing Harvey's authority over the day-to-day operations of the Office of Counter-Terrorism.

Nearing the end of a series of federally mandated reforms to rid the State Police of racial profiling practices, the attorney general and State Police feared the computer entries could make it appear they condoned profiling.

"We have come too far under the federal consent decree to have the outfit tainted by conduct they were not involved in just because the troopers were sitting in the same office," one high-ranking law enforcement official said. "This report confirms Harvey and Fuentes did the right thing."

Kelley Heck, the governor's spokeswoman, said the report simply raises questions "that were raised weeks ago." She said Codey at the time asked U.S. Attorney Chris Christie and U.S. Homeland Security Secretary Michael Chertoff to review the database to determine whether there were any violation of federal regulations. "We await their findings," Heck said.

The acting governor's spokeswoman added that the report "was never forwarded to the governor's office and has nothing to do with profiling or with pulling ... state troopers from the Office of Counter-Terrorism on Monday."

Officials representing the attorney general, State Police, Office of Counter-Terrorism and U.S. Justice Department declined to comment on the federal review.

At issue were 140 entries that state Counter-Terrorism investigators entered into a database known as the Statewide Intelligence Management System, or SIMS. The database, overseen by the State Police, is designed to allow state, county and local law enforcement officials to share intelligence reports about criminal and terrorism suspects.

The State Police reviewed the entries in early September and wrote a memo claiming they violated a federal guideline on what personal information -- such as political, religious, or social views, associations and activities -- can be kept in an intelligence database. The guideline, which applies to systems that receive federal funding, aims to protect privacy rights by forbidding the collection of personal information not directly related to criminal conduct.

Counter-Terrorism Director Sidney Caspersen has denied his agency was profiling suspects. Instead, he said, the reports were simply incomplete and State Police officials who oversee the database had drawn the wrong conclusions.

After the dispute became public, Codey ordered Harvey to come up with new standards. As part of his probe, Harvey's office contacted the Justice Department in Washington to conduct a technical review of SIMS. The federal government commissioned and paid the Institute for Intergovernmental Research for the review.

Members of the research institute traveled to New Jersey Sept. 27 to meet with members of the State Police and the state Attorney General's Office. During the meeting, the State Police described the questionable reports to the auditors, who did not personally view them because they did not have security clearance.

Their report was completed earlier this week and was approved by the Justice Department. The Attorney General's Office got a copy of it Tuesday.

The Florida-based group that wrote the review currently has eight other contracts with the Justice Department to provide training, research and technical assistance on systems similar to SIMS. One of the authors has also served as an administrator in the Justice Department.