Misused power destroys trust
Last week’s revelations that the FBI has consistently misused its powers in issuing “national security letters” since passage of the Patriot Act in 2001 should not be a source of satisfaction to politicians and others who opposed the expanded powers granted to law enforcement as a result of the 9/11 tragedy. That the federal government’s principal investigatory and enforcement agency failed to comply with internal policy and legal requirements in nearly 10 percent of the cases studied in a random sample is appalling and very disappointing. It means that the trust the government asked for from the public in the light of 9/11 has been abused.
Under the Patriot Act, law enforcement agencies like the FBI were given vastly expanded investigatory powers. Among the most controversial of these powers was the right to issue “national security letters” that permit the FBI to require individuals and entities to turn over records without warrant or other judicial supervision and that do not even require a showing of probable cause, as was required prior to the Patriot Act. At the time this new power was given to the FBI the public was assured by the current administration that it would be used sparingly and with great care to assuring that all safeguards to civil liberties provided by the Patriot Act would be scrupulously observed.
Many individuals and groups were skeptical about these assurances. The FBI’s history of violating the civil liberties of those under investigation is well-documented from the era in which it was directed by J. Edgar Hoover. Many people who exercised their right to protest during the Civil Rights and Vietnam War eras, who had been subject to illegal investigations as a result, feared that with expanded powers, abuses would expand as well.
In spite of these fears and because of both the imminent threat of further terrorism and the promise by the federal government of scrupulous adherence to safeguards in the law, Congress passed the Patriot Act and the majority of the American public accepted its necessity. Now we discover that those who warned us against potential abuses were, in fact, prescient, and that our trust has been betrayed by our government.
This betrayal of trust is nothing short of a tragedy. Many Americans already distrust the current administration and believe that the promises it makes are worthless. The current administration has made it clear that protecting the United States against terrorism is its highest priority. They tell us that protection need not also destroy civil liberties and the rule of law. Now, however, we discover that the nation’s principal law enforcement agency is unwilling even to follow the law as written and disregards its own regulations.
What does this mean for the next time legislation designed to aid in the fight against terrorism is introduced? Who will believe the administration’s promises the next time they give them? If serious steps are not taken to deal with those who betrayed the public trust in this matter, I believe that few people will be willing to trust future government promises.
In the end, this lack of trust may prevent the passage of laws necessary to defeat the future terror attacks we all fear. This is a result that no American wants. The president and the Justice Department must act immediately to do something to restore the trust they have now so dangerously lost. If they do not, they put our nation’s safety at risk.


