◆ SpookStack

Approved For Release 2008/11/06: CIA-f3,[?P04M01816R000502010009-4 He must consider the nature of the surveillance and the need for the information sought in determining whether to approve the activity,and then he must periodically reexamine the activity to ensure that it continues to meet constitutional standards. In urging the courts to accept executive authorizations of surveillance, the Department has argued that in each instance the personal approval.of the President or his delegate, such as the Attorney General, would be employed to ensure the degree of consideration and control 25/ necessary under the Fourth Amendment.- Mr. Justice White, concurring in Katz, indicated that he would accept such executive approval of surveillance, but only if it was explic·itly considered by responsible officials and properly 26/ delimited.-:- It was only recently, in United States v. Ehrlichman, that a court of appeals concluded that a warrantless foreign intelligence search may be authorized only by the President or Attorney General personally, and that the authorizacion must 25/ See,~ the Brief for the United States in the Keith case. 26/ 389 U.S. at 364 .. See also the opinions in United States v. Brown, supra, and United States v. Butenko, supra. A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4