◆ SpookStack

Memorandum C. D. Brennan to Mr.. C Sulli RE: - ELECTRONIC SURVEILLANCES 66-8160 respond to Bureau's inquiry of July 2, l968, concerning effect the Omnibus Crime Bill would have on the Bureau's electronic surveillances in the internal security field. Since l938, Bureau authority has been required for Jmicrophone surveillances. Over the years, the Bureau sought legal advice from the Department concerning microphone surveillanc. and admissibility of evidence obtained from them.. In I952, Attor. General McGranery authorized their use in security cases even though trespass may be committed. Attorney General Brownell also permitted their use in internal security cases and advised that Irelative to criminal cases, they should be used in only the important investigations. The Bureau's policy regarding microphones in criminal cases was furnished to Attorney General Kennedy's Deputy Attorney General White. Kennedy attempted to deny knowledge of microphones 1n criminal cases. The facts repudiated his claimed lack of knowledge. On 3/30/65 Attorney General Katzenbach informed the I Director that he desired that authority for microphone surveillanc :: be obtained from him in similar manner as in wiretap cases. On 7/12/65 he requested that all microphones be discontinued in yiey of hearings by Long Committee. Commencing l965, microphone surveillances were again used and under authority of the Attorney General. When Clark became Acting Attorney General on 10/3/66, the Bureau was operating one microphone surveillance. On 2/29/68 he gave written approval for another microphone surveillance, which involved penetration of communications equipment at a diplomatic establishment. A review of policy concerning wiretaps and microphones. discloses that Director's policy has been on a sound basis. ACTION: This memorandum be referred to the Director for his information. D/lel DETAILS