◆ SpookStack

| e} . @ , ‘ Dros a rete 20 I¢ “ yoro 16, UNITED STATES 4°) ee j l- Er. E. Gebhardt sree, Bon 3 / ; ae , ter, J, A. Mintz Dep. AD ine. 2 Memorandum ee ee ants TO. : Mr, B.S, Miller 22% ie baTE: 4/2/74 pre . ses Gen ter . . \ . l1- Mr, J, F, Milter | ontez FROM : Wy, R, Wannall fu . (eT : we Lebererory — . Pien. & Ewsi. SUBJECT: ELECTRONIC SURVEYLLANCE FOR INTELLIGENCE Toning ‘a PURPOSES ON THE SYMBIONESE LIBERATION ARMY Lege! Coun. a (SLA) IX THE PATRICIA-FEARST CASE Telenjens Re. ‘natal aetna gn te tpn arabe tage I ity tle mor TN eet ten ne aa pemres Ooh ote mmc oe orem a t ‘the statute recognizes Presidential authority only in revard to eet re DL) Egress * fr at; +f vf Reference is made to Office of Legal Counsel (OLC) to E. S, Miller memorandum 3/28/74, Referenced memorandum raises two objections, one legal and one practical, to the proposition thut we attempt to obtain an intelligence electronic surveillance in the captioned case, which proposition was detailed in Waennall to Miller memorandum 3/25/74. OLC notes that while the Congress cannot expand ‘the powers of the Govermment enumerated in the Constitution, it can restrict them, and did so via Title III. OLC further |. --- notes that Title III recognized the sutherity of the President — to act in national security cases and that",..this exception in: situations other than surveillances concerning domestic organi~ zations or groups." . OLC therefore concludes that possible to satisfy the constitutional Fourth Amendment, we are prohibited by Title JI1) from undertaking electronic domestic organization except uncer the by Title III," oO "“., while it might be requirements in the statute (presunebly . surveillance of a . procedures prescribed It is the contention of the 3/25/74 memorandum that Title III, as interpreted by Keith, does not recognize any authority in the President to act in national security cases | as regards electronic surveillances; and that further, the Keith decisica does not force nationa. security electronic ‘Surveillance procedures into Title III. JFM:mir §) if. this contention — CONTINUED - OVER te? ts Ae Ns - -1- alihes i 1974 geo SEE ADDENDUM_P_5_- ~~ <7 SO RODD rena) of oT ae Ch ee ne . —— hel