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DoJReportOnCIAMailOpening
Page 44
44 / 57
Approved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4
44
Problems of proof are difficult whenever the prose-
.cution seeks to prove a crime that took place long ago.
Statutes of limitations -- which for most federal crimes are
1~,\,t
five years -- are designed to alleviate these problems by
creating a policy of repose for offenses not prosecuted within
c1.. iew years of their cormnission.J]/ Although the statute of
limitations applicable to 18 U.S.C.§§1702 and 371 would allow
a conspiracy prosecution for the entire East Coast Project
'·
soi long as any overt act of the conspiracy (such as the opening
~tf any envelope) were comnitted within five years of the date
f,·ip/ the filing of the indictment, the technical permissibility
e·of: a prosecution could not overcome the enormous problems of
iprbof entailed in establishing, beyond a reasonable doubt,
b¥lmirial culpability for events that took place as long ago
1953.
The clearest illustration of the difficulty in .mounting
t;· .,~·:
a.,.successful prosecution is the deaths of persons who were major
'p~rticipants in the events.
Presidents Eisenhower, Kennedy and
'::lBhnson are dead; they cannot disclose what they knew of the
~last Coast Pro1 ect or what they may have authorized. Allen D.il.les, J. ·
Jtcrg~r Hoover, Postmasters-Geiteral, several directors ·of the operating divisions
er£ the CIA -- all of them persons who may have given, sought,
or obtained authorization, or controlled the scope or duration
:6f the mail openings -- are dead.
• .... ,
.,i,;.,·~
:3:g,
See generally the Brief for the United States in United
$tates v. Lovasco, certiorari granted October 12, 1976,
• . •
I. I.
A
roved For Release 2008/11/06: CIA-RDP04M01816R000502010009-4
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