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e Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 • - 6 - Where a prosecution, whether successful or not, raises questions of essential fairness, and if unsuccess- ful could defeat the establishment of rules for the future, the Department's primary concern must be the proper opera- tion of the government for the present and in the future. The Department of Justice has concluded, therefore, that prosecution should be declined. At the same.time, however, the need of eliminating legal ambiguities and of guiding future conduct in this field demands a precise public state- ment of the Department's position on the law -- namely, that any s:i:milar conduct undertaken today or in the future would .. be considered unlawful. Ordinarily public announcements of reasons for declining prosecution are not made, for they may invade the privacy of the potential defendants and charge them with misconduct while denying them an opportunity to respond in court. The circumstances of this case justify an exception ,. . ·to that rule. Publication of the Rockefeller Commission and Senate Select Committee reports, with their extensive descriptions of the mail opening programs, substantially diminishes any harm to the potential defendants' reputations that could be caused by public explanation of the Department's position. The harm is further diminished by the description of the circumstances and the considerations of fairness on which the Department's decision not to.prosecute ultimately rests. A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4