The Appropriate Next Steps Concerning the FBI’s National Security Letter Scandal

By Dennis Lormel

In the aftermath of the Department of Justice, Inspector General (IG) report concerning serious deficiencies in the FBI’s use of National Security Letters (NSLs), what should be done? I believe four steps must be taken. The first step is to identify the full scope of the problem. The second step is to identify and immediately implement mechanisms to eliminate the problem. The third step is to establish specific and measurable accountability. The fourth step is to ensure there is strict Congressional oversight.

The IG’s report appears to have identified the full scope of the problem. The FBI has already begun to implement policies and procedures to ensure that deficiencies are eliminated. This process must continue until all deficiencies have been adequately addressed. This should include comprehensive employee training. FBI Director Robert Mueller has accepted responsibility and should be held accountable moving forward. Congress must provide oversight through continued IG monitoring, and Congressional briefings and hearings.

Congress must take responsible and reasonable steps in its oversight responsibility. Frighteningly, prominent Members of Congress have threatened to limit the FBI’s NSL authority and reduce provisions of the PATRIOT Act. This would be extremely irresponsible and potentially devastating to National Security.

The deficiencies reported by the IG are administrative issues. No information was used inappropriately. There were no instances sited where individual rights or liberties were infringed upon. In addition to identifying significant problems, the report discusses the effectiveness of the use of NSLs as a proven and useful tool in protecting the American citizenry from acts of terrorism. The report also concurs with the FBI that NSLs have contributed significantly to the FBI’s counterterrorism and intelligence missions.

Put into context, if Congress takes steps to limit FBI NSL authority or diminish the PATRIOT Act, the only beneficiaries will be terrorists. Taking away or limiting important counterterrorism investigative tools makes us much more vulnerable to terrorist attacks. The responsible and sensible path of action for Congress is to ensure counterterrorism authorities are properly used. It would be inappropriate to diminish mechanisms and capabilities to protect our country.

Time and again, with disclosures of government programs concerning counterterrorism tactics, select members of the media, Congress and other segments of society express outrage against the government. They lose sight of the fact that the government is doing its damnedest to protect us from the threat of terrorism. It would be refreshing if occasionally these same critics would turn their venom and outrage to the terrorists. After all, terrorism is the root of the problem.

Before Congress moves to limit the government they should stop to remember why the NSL program has been used so extensively since 9/11, why the PATRIOT Act was passed and why the government conducts counterterrorism activities. These tools and mechanisms are not used to violate anyone’s civil rights, freedoms or liberties. They are used to protect us against the threat of deadly terrorist attacks.

With respect to the NSL scandal, corrective actions must be taken. This includes Congressional inquiries and hearings to ensure accountability and oversight. Let’s fix the existing problem and not create a new problem by diminishing or curtailing valuable investigative tools and making America more vulnerable to terrorist attacks.

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