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Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 - 22 - II. GROUNDS FOR PROSECUTION, POSSIBLE DEFENSES, AND EQUITABLE CONSIDERATIONS A. Grounds for prosecution. The Department of Justice has considered two statutory bases for prosecution of persons who participated in the East Coast Project. The first; 18 U.S.C. §1702,· prohibits the unauthorized opening or obstruction of mail in United States ,. postal channels; the second, 18 U.S.C. §241, proscribes conspiracies to deprive United §tates citizen~ of rigbta guaranteed by the Constit;ut1an: Under the general conspiracy statute, 18 U.S.C. §371, liability would extend to persons who agreed to take part in violations of sections 241 or 1702, whether by opening the mails, by approving the openings, or by acting in concert with others who opened the mails. A prosecution under section 241 requires proof of a violation of rights conferred on Americ~n citizens by the - Constitution or laws of the United.States; with regard to the mail openings, the prosecution would be premised upon a violation of the Fourth Amendment's prohibition against ~--,---.-~.-.._,.,.~-,---.,........t"'"'1'."':.~~--:--~-•M 0-W» tftlw.G: .w. ~ zuw:w• :::::.,a =::. unreasonable searches and seizures. A prosecution cannot be maintained under section 241, however, unless it can be established that the defendants acted, or agreed to act, with - the purpose of invading rights or interests protected by A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 .. '