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MEMO: GALE TO DeLOACH RE: FRED B. BLACK, JR. -{f ADDENDUM: At 6:55 p.m. Assistant Attorney General Rogovin telephonically contacted me and advised that the Department ~~... : was going to substitute the following footnote for footnote =: . number 4 in the petition for the Supreme Court in instant ae case. “Present Departmental policy which has been in effect since 1965 confines the use of listening devices such as those herein involvéd and also the interception of wire communications to the collection of intelligence affecting the national . security, It alse requires in each instance a specific authorization by the Attorney Generali, This policy superseded — . the broader.authorization which had been in effect for a- number of years," rr stated that it materially differed;from that which the Attorney General had previously agreed‘to in that it did not contain the fact that the Department had generally authorized the use of microphones. Hogovin then agreed to change the . | I immediately objected to the revised footnote and last sentence in the above quoted footnote to read "This policy. superseded the broader Departmental authorization which had been in effect for a number of years," It is not felt that this materially differs from the key sentence in the previous footnote which we insisted on, i. e., that there was general Departmental authorization of long standing for the use of these devices, This was an apparent attempt by the Department to throw us a real curve by attempting to slip I] through a revised footnote which would minimize or cause doubt as to the broad Departmental authorization of the use of helene ah ener daatatinlittita tat - electronic devices and create the impression that the Bureau was operating in this sphere without Departmental authorization, By inserting the word Departmental, it is felt that the impression that the Bureau Was operating on its own initiative is not created. O49, 7 Gi Vf a \ ¥ porccsamatien icin heen cr eta