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5 a ae - . 0 Cale ee ee ae ” , t warrantless sur veillance involving forcign. espionag or intelligence, * The document Specifies: . ‘ "It is the position of the Department of Justive that such activitics must be very carefully controlled. - There must be solid reason to believe that forcign espionage or intelligence is involved.! In addition, the intrusion into any zone of expected privacy must be kept to a minimum and there must be personal authorization by the President or the Attorney General. . The United States believes that activities so controlled are lawful under the Fourth Amendment. In regard to warrantless searches related to foreign espionage or intelligence, the Department docs not “believe there is a constitutional difference between searches conducted by wiretapping and those involving physical entries into private premises. One form of search is no less serious than another. It is and has long been the Department's view that warrantless searches involving physical entries oT ‘into private premises are justified under the proper circumstances when related to foreign espionage or intelligence . " . , CONCLUSION Numerous decisions of the United States Supreme Court have recognized that the President, as Chief Executive, possesses powers in foreign and military affairs which are not dependent ona specific legislative grant but derive from the Constitution itself and that the - Constitution has given the President great jatitudé in detertaining the nature and extent of the danger to the nation and the means to resis it, Concerning the judiciary's role in this area, the Court has emphasized