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. - e ... Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4 - 25 - itself opens envelopes when necessary to ascertain the address of the intended recipient. Indeed, unless there were an "authorized opening" exception, a law enforcement official who opened mail pursuant to a judicial warrant would violate the statute.8/ See United States v. Van Leeuwen, 397 U.S. 249 (1970). The Department of Justice consequentlybel!eves that the actions of the CIA in opening mail also would not violate section 1702, if those actions were properly authorized.9/ 8/ An 1882 decision interpreting a statutory predecessor to section 1702 stated that "one is punishable who wrongfully, without any authority of law, or pretence of authority," inter- feres with the mail. United States v. Mccready, 11 Fed. 225, 236 (W.D. Tenn. 1882). 9/ Neither section 1702 nor any other statute purports to take from. the President, and the Executive Branch in general, any preexisting power to open and examine mail when necessary to the discharge of the President's constitutional responsibility for foreign affairs. Cf. United States v. Butenko, 494 F.2d. 593 (3rd Circ.) (en banc),~ertiorari denied, 419 U.S. 881 (1974), which holds tnat~anaiogous statute, although containing a broadly stated prohibition, does not affect presidential power to authorize surveillance when the Constitution otherwise permits it. One other statute, 39 U.S.C. §3623(d), might be considered to do so. That statute forbids the opening of domestic first- class mail without a warrant. Nothing in the legislative history of section 3623(d) indicates that it was designed to affect the power of the President concerning foreign affairs. See,~·, H.R. Conf. Rep. No. 91-1363, 91st Cong., 2d Sess. 88 (1970). Although section 3623(d) originated in the Espionage Act of 1917, 40 Stat. 230, it then contained only a statement that the Act did not affirmatively autborize. the open:mg <:,f mail. M:lreover. it applies only to letters of "domestic origin," and so would not affect the open- ing of mail entering the United States froo abroad. Finally, (continued on following page) A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4