FEATURE CLE AN AFTERNOON WITH RAY KELLY CLE Credit: 1.0 Thursday, May 12, 2016 1:25 p.m. - 2:25 p.m. Hall 1AB Kentucky International Convention Center Louisville, Kentucky A NOTE CONCERNING THE PROGRAM MATERIALS The materials included in this Kentucky Bar Association Continuing Legal Education handbook are intended to provide current and accurate information about the subject matter covered. No representation or warranty is made concerning the application of the legal or other principles discussed by the instructors to any specific fact situation, nor is any prediction made concerning how any particular judge or jury will interpret or apply such principles. The proper interpretation or application of the principles discussed is a matter for the considered judgment of the individual legal practitioner. The faculty and staff of this Kentucky Bar Association CLE program disclaim liability therefore. Attorneys using these materials, or information otherwise conveyed during the program, in dealing with a specific legal matter have a duty to research original and current sources of authority. Printed by: Evolution Creative Solutions 7107 Shona Drive Cincinnati, Ohio 45237 Kentucky Bar Association TABLE OF CONTENTS The Presenters ................................................................................................................. i The NYPD's War on Terror ............................................................................................. 1 Post 9/11, NYPD's Counterterrorism Efforts Draw Praise, Fire ...................................... 11 Fighting Terrorism in New York City .............................................................................. 13 Ray Kelly Waves the 9/11 Flag ..................................................................................... 19 Questioning Kelly: Francis Torres Analyzes the Speech .............................................. 23 Former NYPD Commissioner Ray Kelly Was Right to Defend Police Tactics ................ 31 Former NYPD Commissioner Discusses Urban and National Security .......................... 35 THE PRESENTERS Ray Kelly c/o Greater Talent Network, Inc. 437 Fifth Avenue New York, New York 10016 (212) 645-4200 RAY KELLY was appointed Police Commissioner of New York in January 2002 by Mayor Michael Bloomberg, making Kelly the longest serving Police Commissioner in the city’s history, as well as the first to hold the post for a second, separate tenure. He also served as Police Commissioner under Mayor David N. Dinkins from 1992-1994. In 2002, Commissioner Kelly created the first counterterrorism bureau of any municipal police department in the country. He also established a new global intelligence program and stationed New York City detectives in eleven foreign cities. Under Kelly’s leadership, the NYPD lowered violent crime by 40 percent from 2001 levels, while also dedicating extensive resources to the successful prevention of any future terrorist attacks. Commissioner Kelly established the Real Time Crime Center, a state-of-the-art facility that uses data mining to search millions of computer records and puts investigative leads into the hands of detectives in the field. These department-wide improvements have served as the model for other law enforcement agencies around the world. Currently, Commissioner Kelly serves as president of Cushman & Wakefield’s Risk Management Services Division, a position created specifically for him. As president, Commissioner Kelly focuses on helping clients identify potential vulnerabilities, as well as prepare for and manage risk across a number of critical areas, including physical and cyber security intelligence, crisis management, and emergency preparedness. He is also a Distinguished Visiting Fellow at the Council on Foreign Relations and an ABC News consultant. In addition to twice serving as the New York City Police Commissioner, his career in public service includes directing the International Police Force in Haiti (appointed by then President Bill Clinton), serving as a vice president of Interpol from 1996-2000, commissioner of the U.S. Customs Service and undersecretary of enforcement at the U.S. Treasury Department. As commissioner of the U.S. Customs Service, he managed the agency's 20,000 employees and $20 billion in annual revenue. For his accomplishments, Commissioner Kelly was awarded the Alexander Hamilton Medal for Exceptional Service. As undersecretary for Enforcement at the U.S. Treasury Department (the third highest post in the department at the time), he supervised the department’s enforcement bureaus including the U.S. Customs Service, the U.S. Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, and the Federal Law Enforcement Training Center. For his service as director of the International Police Monitors in Haiti, Commissioner Kelly was i awarded the Exceptionally Meritorious Service Commendation by the President of the United States. In the private sector, Commissioner Kelly served as senior managing director of global corporate security at Bear, Stearns & Co., Inc. A 43-year veteran of the NYPD, Commissioner Kelly served in twenty-five different commands before being named police commissioner. He was appointed to the New York City Police Department in 1963. Shortly thereafter he accepted a commission to the United States Marine Corps Officer Program. He served on active military duty for three years including a combat tour in Vietnam. He returned to the police department in 1966 and entered the New York City Police Academy, graduating with the highest combined average for academics, physical achievement and marksmanship. He was also a member of the inaugural class of the New York City Police Cadet Corps for three years while a student at Manhattan College. During his tenure time in the NYPD, Kelly received fourteen citations of merit for outstanding police work. Commissioner Kelly retired as a Colonel from the Marine Corps Reserves after thirty years of service. Commissioner Kelly holds a B.B.A. from Manhattan College, a J.D. from St. John's University School of Law, an L.L.M. from New York University Graduate School of Law and an M.P.A. from the Kennedy School of Government at Harvard University. He has been awarded honorary degrees from the Catholic University of America, Manhattan College, St. John’s University, the State University of New York, the College of St. Rose, Iona College, Marist College, New York University, Pace University, Quinnipiac University, and St. Thomas Aquinas College. In September 2006, Commissioner Kelly was awarded France’s highest decoration, the Legion D’Honneur, by then French Minister of the Interior Nicholas Sarkozy. Renee Shaw KET 600 Cooper Drive Lexington, Kentucky 40502 RENEE SHAW is the host of Connections, the first statewide minority affairs program, and Legislative Update on KET. She began her career at KET in 1997 as a public policy reporter and associate producer. In addition, Ms. Shaw co-hosts election night coverage, hosts KET's health series and produces numerous other issue-centered programs. For more than a decade she produced Comment on Kentucky, KET's longest running public affairs program. She has served as an adjunct professor of media writing at Georgetown College and travels across Kentucky moderating public issues forums and speaking about diversity, media, political and state legislative matters. Ms. Shaw is a graduate of Western Kentucky University with degrees in broadcast journalism and political science and a master's degree in corporate communications. ii THE NYPD'S WAR ON TERROR Frustrated by the lack of help from Washington, Police Commissioner Ray Kelly has created his own versions of the CIA and the FBI within the department. So how will we know if he has succeeded? If nothing happens. By Craig Horowitz Reprinted from New York Magazine, http://nymag.com/nymetro/news/features/n_8286/, last visited April 8, 2016. Buried deep in the heart of one of New York's outer boroughs, in an area inhabited by junkyards and auto-body shops, is an unmarked redbrick building that stands as an extraordinary symbol of police commissioner Ray Kelly's obsessive commitment to the fight against terrorism. Here, miles from Manhattan, is the headquarters of the NYPD's one-year-old counterterrorism bureau. When you step through the plain metal door at the side of the building, it is like falling down the rabbit hole—you're transported from a mostly desolate, semi-industrial area in the shadow of an elevated highway into the new, high-tech, post-9/11 world of the New York City Police Department. The place is so gleaming and futuristic—so unlike the average police precinct, with furniture and equipment circa 1950—that you half expect to see Q come charging out with his latest super-weapon for 007. Headlines race across LED news tickers. There are electronic maps and international-time walls with digital readouts for cities such as Moscow, London, Tel Aviv, Riyadh, Islamabad, Manila, Sydney, Baghdad, and Tokyo. In what is called the Global Intelligence Room, twelve large flat-screen TVs that hang from ceiling mounts broadcast Al-Jazeera and a variety of other foreign programming received via satellite. The Police Department's newly identified language specialists— who speak, among other tongues, Arabic, Pashto, Urdu, and Fujianese—sit with headphones on, monitoring the broadcasts. There are racks of high-end audio equipment for listening, taping, and dubbing; computer access to a host of superdatabases; stacks of intelligence reports and briefing