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y Memorandum to Mr. E. S. Miller e RE: ELECTRONIC SURVEILLANCE FOR INTELLIGENCE ; PURPOSES ON THE SYMBIONESE LIBERATION ARMY (SLA) IN THE PATRICIA HEARST CASE Our action in this test case may be referred to as precedent or as guidance in subsequent consideration by courts or Congress. If we seek to limit application dis- closure to ore jurisdiction we should apply to the USDC, D. C., since it was suggested by the Supreme Court in Keith, Limiting this procedure to one USDC would be bene- ficial in that a uniform policy could be developed, which would give us fairly good guidelines in considering whether or not to make an application in a particular case in the future. (Additionally, I think we might well expect a warrant requirement even for our foreign counterintelligence electronic surveillances in the future. Any precedent which could serve to limit the required disclosure in those cases to only one court should definitely be established). If the court feels it must pass on our application for surveillance, as indeed it must under Keith, but feels that it lacks standards and procedures under which to deter- mine the validity of our application, and therefore refuses to approve or deny our application, we should petition the Circuit Court of Appeals for a writ or mandamus ordering the District Court to act. If the Court of Appeals refuses to do this, we shonid petition the Supreme Court for a writ. Since approval or denial of a warrant is @ matter within the discretion of the USDC based on the facts presented to him we will not be appealing his decision; but rather, in the absence of his decision, we will be requesting an order from @ superior court directing him to act, one way or the other it.e., approve or deny the application. In this manner we will get our surveillance or bring to a head the void in the law created by Keith, and perhaps spur Congress to action in providing a warrant or judicial review mechanism for domestic intelligence electronic surveillaaces, . ~7= CONTINUED — OVER LL ‘ 7 tent Sloot EON TS Sree pepe rat wees ee ee ee eee .