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Supreme Court — Part 17
Page 41
41 / 130
bh
Re: Wiretapping and Electronic Surveillances
ADDENDUM OF SPECIAL INVESTIGATIVE DIVISION, 12/23/ 69, JHG:nfd
r nh t not in agreement with the above proposals for the follo
reasons:
Under the present procedures, when the division re
of our electronic indices, this request is made by search sli
Investigative Division where it is checked by Special Agen
Lyre notifies the appropriate division whether the results are
hegative. If the results are positive, the interested division then writes to
the field, obtains all appropriate documents and handles all correspondence
with the Department.
Tf tha enoecactinn hy tha GCanaral Investi aativrn This rision rere ta
ahh FLL pugs csuel wy MID Wii @h LILLY wblE aid ve LAV 4b
wers
be adopted, it would mean that the defense attorneys would be able to
subpoena an extra supervisor for testimony from the Bureau in addition to the
supervisor handling the case. This, of course, is extra travel expense and
gives the defense two shots at us instead of one. The Agent handling the
prosecutive case is the logical man to’obtain the logs and other pertinent
airtel documents from the field as weil as review the June file so that he
can testify that the case he has supervised was not predicated upon any tainted
information, The division who handled and supervised the installation is not
in a position to determine whether the case is tainted because they Inve not
supervised the case itself and are not aware of the ramifications contained
therein.
The argument that the handling by the installing division retains
"these highly sensitive need to know basis documents" to review by a
minimum number of personnel is completely fallacious when the courts
are turning such documents over to defense attorneys. I recall an
instance where the defense attorneys in the Bobby Baker case leaked the
fact that we had a microphone on the Dominican Republic to Drew Pearson.
As itis now, the defense attorneys have in some instances subpoenaed
the Agent who checked tue electronic indices as well as the supervising
case Acent, To follow the above suggestion would make possibly five or
six additional supervisory Agents necessary to testify depending upon how
many installations are involved and were supervised by different personnel —
in the installing division.
I wish to make a counter proposal which will eliminate the : |
necessity of one Agent back here to testify. My proposal is that the ee
Special Investigative Division continue to handle all search slips as we have
been doing in the past. However, when there is a likelihood that the case is
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