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... - e Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 ,. 3 The Department has now completed its investigation into the mail opening projects and has examined in detail the elements of the crimes that may have been committed> the defenses that might be presented, and the proof that would be required to establish the commission of crimes and refute the · ·· expected defenses. Although the Department is of the firm view that ~. activities similar in scope and authorization to those con- ducted by the CIA between 1953 and 1973 would be unlawful if undertaken today, the Department has concluded that a prosecu- tion of the potential defendants for these activities would be unlikely to succeed because of the unavailability of important evidence 2/ and because of the !state of the law\ that prevailed during the course of the mail openings program. It would be mistaken to suppose that it was always clearly perceived that the particular mail opening programs of the CIA were obviously illegal. The Department believes that this opinion is a serious misperception of our Nation's recent history, of the way the law has evolved and the factors to which it responded -- a substitution of what we now believe is and must be the case for what was. It was until recent years by no means clear that ~/ Important evidence would be missing because of the great length of time between the commencement of the mail openings and the holding of a potential trial. Many important participants in the process have died, and because some of the events occurred a generation ago, the memories of other witnessf A , roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4