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7 or "Tteenses by. Jay Weiner...” AEFidavit Denying Electronic |) Surveillance, para, 10.3 | The affidavit concerning Shinnick fh rhe SLA “makes reference to no agency check whatseever, ‘The government mikes a two-pronged ‘argument ite ts affidayite here. are. sufficient. | It argues Eirst shat, he ciwecd S ise Be “regardless ‘of whether theré hes in. fact been any efectzonic surveillance of the witnesses in ‘this c2se, the SEFidavits: phave obviated the possibility of any nexus ‘between such sur- veillence. and the grand jury Pes eedings, in that the affiant =S., “the Assistant United States ‘Antorney’ in charge of the investi “gations who. caused. the. issuance be ‘The subpoenas in question “and who will determine what “questions: are addressed to the witnesses, has stated: that he. is umaware. of any electronic. ‘gurveillence of Ge vimmesses. Noreover, the governrent - Ly “points out, Mk, Kelly't ‘has’: afficmatively identified. the source sof the present grand jury pe ‘Proceedings - the. trial testimony | of Patricia Hearst, Recause Section 3504 is only eoncerned whieh whether something is. the “predict” of untawfinl . surveil- j ee. SS than with the unlawful act itself, the govern-— went eemicqades, 7 js effidavite ix this fase are mufdicient. : eee tenet Sl AE Siren ethene nate nei ati tet mae: Hk, nian ean oes toe othe statute’ s§. Language, is inconsistent with the cases con-— “struing Section 35%, and fails to satisfy the court: that the | “Quen in question are not the product of unlawful activity. : <n Upon a claim thar evidence is ‘the product of ‘ijlegat Bl ‘ = conti "auevet lance, Section 3504 requires the government “Hoc. s~3. Me. Kelly stated at oral arounent that he had reviewed I his materials and could now state that ag a result ef the check '% a8 o£ the summer of 1975 there had been no electronic someity -§: Lance at any situs of any conversations invoiving Jay Weiner. -t He stated it at he would svomit 2 ope erat at afridavit end the «g CQurté will’ assume for the purposes this discussion thar tha “4. affidavit is to chat etek __ Lo j 2