◆ SpookStack

Memorandum to OT £. S. Miller . , Ws . . — Re: Electronic Surveillance for Intelligence Purposes, etc, Celle er ah ig! Pe ay” Sat det rier og uh ame dacachi te ZF Man» inlet le Pte SOT ee Fenn OVO ole Toned Cia eee el See _ vy Title III op the basis that Keith held Title III totally in- applicable to these types ef surveillances and that the only. standard to be applied is the constitutional standard of the Fourth Amendment. It is for this reason that I recommend that we apply for a warrant in this case using only the Constitutional standard and the Keith opinion as our guidelines. OLC's practical .argument against pursuing this course is that publicity stemming from the application might threaten | thesfety of Miss Hearst. As in all applications for electronic surveillances, this application should be made in camera, and ~ ex parte even on appeal, For the effectiveness of the surveil-. lance alone it is axiomatic that applicetions cannot be publi- cized. Of course in this case, the safety of Miss Hearst is ab even more important reason for following the in camera, ex parte procedure, Let me emphasize that the kidnaping is not the facet on. this case on which I expect the District Court's decision to turn. if we were dealing with an isolated kidnaping we would be constriail to follow Title III. Rather we are seeking an intelligence surveil lance of apn organization which murders a2 school Superintendent, kidnaps an heiress, and extorts family, foundation and court for the stated purposes of altering our form of government, The ongoing kidnaping supports the application merely by heightening awareness of the nature of the threat. a a, ''¥ think we have a good case for an intelligence surveil- lance even if the kidnaping were to terminate tomorrow; however, 4t works to our advantage now. oe Electronic surveillance, properly used here, might save Miss Hearst's life, not jeopardize it. 4e CONTINUED - OVER