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MEMO: GALE TO DeLOACH RE: FRED B. BLACK, JR. _ - . footnote be eliminated from the new document filed with the ar ' Supreme Court. He was specifically advised of the Director's : . views in this.regard and informed that the Bureau would very - definitely make it known publicly that Former Attorney General } Robert Kennedy had given general authorization for the use of - microphones if this became necessary because of any public = misconception caused by this footnote. Katzenbach was adamant {¢that this footnote remain in the document and stated he would not have included it in the proposed memorandum if he had not 2s.” desired it to be there. I continued to protest and he becane 2. quite irritated at that time. He stated that he was willing. °3/+-_ to change the language and suggested that instead of arguing . .- wa 6 hl || secu whether or not this footnote should be placed in the document, that we should immediately draft language which- would avoid the objectionable features. At this point I suggested to the Attorney General that he include the fact that there was general Departmental authorization for the use of these devices, This statement - would indicate to anyone reading it that the. Bureau was acting with Departmental authority and not acting on its own | | initiative with respect to these devices. The Attorney General “¢ agreed to placing this statement in the document and modified it to this extent "there was general Departmental authorization of longstanding for the use of these devices,"' A Thermofax copy rf of the proposed draft is attached indicating where the propose — = change would be (page 4, footnote 4). The Attorney General then went on to state that he felt inclusion of the footnote was necessary to forestall questions by the press or the court and he added that he knew the President would desire some such statement iacorporated in this document, He did not elaborate on this point. He was advised that this undoubtedly could be handled with the press by Saying the Department could not comment because the instant . ' matter involved a pending case, The Attorney General then agreed that the proposed || senorandua could not be filed until May 24, 1966, Pursuant to the Director's instructions, the | Attorney General was advised that the Director still felt that the footnote was superfluous but that we would have to defer to the Department. I advised him that the Director hoped. | that this wuld not backfire wherein we would have to use the £.