◆ SpookStack

e "· Approved For Release 2008/11/06 : CIA-RDP04M01816R000502010009-4 27 '·\..-,_, . We think it clear that the prosecution could not establish beyond a reasonable doubt, as it would be required to do, that the East Coast Project was not authorized by the President. or by someone entitled to act for the President. The effect this would have on the legality of the mail opening program has changed considerably over the last 20 years; the authorization (which the court would be required to assume if the prosecution could not prove lack of authorization beyond a reasonable doubt) may have been sufficient at the outset to satisfy the requirements of the Fourth Amendment. but the understanding of the requirements of that Amendment has not remained constant. The CIA mail opening program was initiated and took shape during the 1950s. Later operations were a continuation of this program with changes in emphasis. During the 1950s, and well into the 1970s, the law concerning clandestine surveillance was quite different, and the requirement of prior judicial authorization was different. Indeed, until 1967 respected scholars argued that the judiciary was the wrong branch of government to make authorization decisions concerr ing any clandestine surveillance; until 1972 courts held that prior judicial scrutiny was unnecessary when the sur- veillance involved national security; and at the present A roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4