ILDC Executive Director Louay Safi spoke on March 25, 2008, on the issue of Balancing National Security with Civil Liberty, at Yale University. Dr. Safi’s statement was part of a panel discussion organized by the Council on Middle East Studies at the Macmillan Center under the title “ Behind the Blindfold of Justice: Security, Individual Rights, & Minority Communities after 9/11.”

Panelist included Valerie Caproni, the General Counsel of the FBI from the office of the General Counsel, FBI, Washington, DC; Reva b. Siegel, Nicholas Deb. Katzenbach Professor of Law and associate dean of Yale law school; Jack m. Balkin, Knight Professor of constitutional law & the first amendment, Yale Law School; and Beverly Gage, assistant professor of history, Yale University.

The discussion focused on the impact of security measures enacted in the wake of 9/11 attacks on civil liberties and individual privacy. Dr. Safi stressed that national security is one of the highest priorities of the federal government, and that Americans expect their leaders to give it the importance it deserves. He argued, however, that national security must be balanced against civil liberties, and highlighted several excesses by federal agencies. He discussed the use of the National Security Letters, among other examples, of excessive use of investigative and surveillance powers beyond the constitutional limitations.

“A National Security Letter,” Dr. Safi pointed out, “is an administrative subpoena issued by the FBI.” “Under the Patriot Act,” he continued, “the FBI can compel US citizens and residents to surrender information in their position, even if they are not suspects in criminal investigation.” He argued that the practice violates the 4^th Amendment because it sidesteps the requirement of judicial oversight, and gives the executive branch unrestricted powers. “Judicial oversight,” he contended, “must constitute the dividing line that demarcates when national security concerns ends and civil liberties starts.”

He called on government agencies to engage the American Muslim community, and look at national Muslim organizations as full partners, rather than suspects, in dealing with the issue of terrorism and extremism. “American Muslims,” he contended, “can be of great help in fighting terrorism and extremism, and in bridging the deepening divide between the United States and the Muslim world.”