◆ SpookStack

'· Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 - 32 - case that the requirement of prior judicial approval should not apply to surveillance carried out to gather information about domestic security and foreign intelligence -- an argument which would, of course, support the propriety of the CIA mail opening programs as well as of wire interceptions for that purpose. The Supreme Court rejected part.of the argument and held that a warrant is required for electronic surveillance in domestic security investigations. The Court made it ciear, however, that it was setting aside a lengthy history of contrary practice,15/ and that it was reserving for decision in the future all questions concern;ng the procedures required to be used to gather foreign intelligence.16/ The East Coast Project ended eight months after Keith was decided. Keith affected the propriety of warrantless foreign intelli~ence surveillance. but it did not decide it. Those courts which have decided the issue have upheld such warrantless surveillance, and the Department of Justice has consistently taken the position in the courts, before congres- sional committees, and in public statements that the President or the Attorney General may authorize limited electronic surveillance of foreign powers or their agents for foreign intelligence 15/ 407 U.S. at 299, 310-311. 16/ 407 U.S. ·at 308-309, 321-322. A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4