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oc mar eed ToT Ce } . Osa cee MIG NT Pe . UNITED STATES g@VERNMENT . — vvec, Oot. a emorandum 1 - Mr, R. E. Gebhardt Ast, Dot.: 1- Mr, J. A, Mintz ot TO > Mr. E. S. Miller EMSs pate: March 25, 1974 Ext alts — a 1 =- Mr. W. R, Wannall fen 1 - Mr. G. C, Moore om FROM : W, R, Wannall wyys | TWO 1- Mr. A, B. Fulton el 1 - Mr, J, F. Miller Beet ban punect: ELECTRONIC SURVEILLANCE FOR INTELLIGENCE Tenino | PURPOSES ON THE SYMBIONESE LIBERATION ARMY Legel Coun. if (SLA) IN THE PATRICIA“HEARST CASE eleshcoy Rm ear a mn arm ents A Amat mac _ —_“—* We have identified some known and suspected members of the SLA, and attempted to obtain the Attorney General's (AG) approval to apply to the United States District Court (USDC) in San Francisco for a Title III electronic surveillance on some of these people, in order to attempt to obtain information to break the Hearst kidnaping. The Department of Justice (DJ) xeplies © that we have insufficient information to show probable cause, 3S) | required by Title III, that the indivicuals we seek to surveil. \ are involved in the kidnaping. The purpose of this memorandum is to explore the | ‘\ possibilities of obtaining an electronic surveillance in this case, without probable cause as traditionally understood, and i therefore not under Title III, but as en intellisence surveil- % lance, supported by the language of the Keith cecision, by petitioning for approval of the surveillance by a USDC, Shortly after the Keith decision, the FBI and the Internal Security Division (ISD) of the DJ explored the possi- 2 bility of obtaining judicial warrants to conduct domestic intelligence electronic surveillances. 4 ; ™s 1 & In a memorandum from the Assistant Attorney General, ot (AAG) ISD, dated July 25, 1972, he noted ",,.this Division in- | 1 dicated that there would be no basis for securing a warrant for _* a) the conduct of electronic surveillance in the types of cases _ J \ covered by the Keith decision, absent new legislation authorizing a the issuance of such warrants, After reviewing the relevant a ~ 3 consideraticns, this Division is of *he opinion that, at this | rs : et enn pl ~% aS nb ope anal ce YL 8 (8) : CONGINUED -! OVER 74 6 2 ‘ _ ™ * ‘ ee if ; LAS ! bee 4 = . vad , . “yp AW pe ark bs” , ~H/e) rs . a at OF who “hyde or oe . sat! Se a ee ee ea. oe . ; ~ " ws ; ve z em ee, . : Je Be a Tee vale cig oe