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HEARNAP — Part 28
Page 70
70 / 500
ai ‘para, —-y ‘On “the basis of these orion, bork witnesses
|
; % cop “have. asked . that the governvent disclose the records of any |
- F ,elettronic. or other surveillance OF any conversations to which
ey vera parties, as well as of any cormunications ac eeveral
~
Sum aaantaand
he resh-
several Sthar
_ telephones whose munbers the witnesses have ‘4
isted: sin connec-
thon with, the motion. - a _
ocations and over several telephones, in i AS Se
nces and telephones of their attorneys. an
The: government conceded at oral argument thar the’ a
3 witnesses! assertions of {llegats electronic surveillance
Sh
aint to “elaims" under section 3564, end. thus have triggere
=. its obligation under, the statute “to Maftion or. deny: the oceur|
| rence of the alleged unlawful ecaduct.” The government =]
xthe > existence OF such § surveillance, and, therefore e, the eritic
peal question here ‘te \ a Whether, in the context of this case, |
~s.. 7
Oo ee
‘ that. denial is sufficient te Satisfy the statute. The govern
ae eres te ree
ee
ment! 8 Kesponse . to both + witnesses i: is an affidavit by Laurence
ede ae
iM Kelly, an Assistant United States Attorney for the Hiddle
ECT.
‘pistrié _6f., Pennsylvania, who is parti icipating in the investi
“gations” ‘and who, caused ‘the > subpoenas at issue to be served, 2
i}
7 = 2. With-xeference to Weiner, the affidavit provides:
| 7 ‘ wie a ‘Taurence HM, Rally, being duly sworn according to lay
‘ deposes and says:
| “1. He is an Assistant United States Attorney for the
|.¢ Middle District of Pennsylvania..
“4g "2, In such position he is parti icipating in an invesriga4
*¥ {Of relating to alleged violations of 18 U.S.C. 1072 - the
ederal ‘Harboring' Statute | - within the tdddle ‘District, of
emsylvania. }-
- . 3, He caused a subpoena to be served upon Jay Weiner,
through his counsel, on May 19, 1976, requiring his presence
before the Federal. Grand Jury, Serantoa, Pennsylvania.
tf "4, He mows thar rhe source: of information upon thich
\the questioning of Jay Weiner will ‘be based is the testimony
“9& Patricia \ Hearst given at. her bank robbery trist, between
. .
Np RR me tr anes wh itty earmnameieate i ta Me §
BS SRESEO ee are Ce tO nee See
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