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Te re i — ns a a Ay Na he A di Atm a - ee C: Issue of Microphones Involving Trespass Presented to Department, 1vs5l ~ In view of allegations made by defense attorneys in the Smith Act cases relative to FBI electronic coverage of defendants, a memorandum was sent to the Attorney General on October 6, 1951. (Exhibit 19 )}) With regard to microphones, thin memorandum stated: “As you are aware, this Bureau has also employed the use of microphone installations on a highly restrictive basis, chiefly to obtain intelligence information.... In certain instances it has been possible to install nicrophones without trespass, as reflected by opinions rendered in the past by the Department on this subject natter. tna these instances the information obtained, of course, is treated as eviderce end therefore ig not regarded as purely intelligence information. “As you know, in a number of instances it has not been possible to install microphones without trespass. In such instances the information received therefrom is of an intelligence nature only. This Bureau memorandum concluded by presenting the dasue in these words: ' *..e0F would like to have a definite opinion from you as to whether, in view of the highly productive intelligence intormation gatherod from these sources, we should continue to utilize this technique on tho present hichly restricted basis, or whethor we should cease tho use of microphone coverage entirely in view ef the issues currentiy being raised." ce one re o 18 @