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up af a - Memorandum C. D. Brennan to ur. ¥. c. ‘Bullivan Bec an ae ie RE: - ELECTRONIC SURVEILLANCES x 66-8160 | Cony aly Fe bes ae 5 s a) Py respond to Bureau's inguiry of July 2, 1968, concerning effect the Omnibus Crime Bill would have on the Bureau' 5 electronic surveillances in the internal security field. « My Since 1938, Bureau authority has been required for + | microphone surveillances. Over the years, the Bureau sought legal advice from the Department concerning microphone surveillanc and admissibility of evidence obtained from them. . In 1952, Attorn General McGranery authorized their use in security cases even though trespass may be committed. Attorney General Brownell also |perniztea their use in internal security cases and advised that relative to criminal cases, they should be used in only the _ important investigations. The Bureau's policy regarding microphones in criminal - cases was furnished to Attorney General Kennedy's Deputy Attorney General White, Kennedy attempted to deny knowledge of microphones in criminal cases. The facts repudiated his claimed lack of knowledge. On 3/30/65 Attorney General Katzenbach informed the Director that he desired that authority for microphone surveillanc be obtained from him in similar manner as in wiretap cases. On | 7/12/65 he requested that all microphones be discontinued in view of htarings by Long Committee. Commencing 1965, microphone surveillances were again used and under authority of the Attorney General, When Clark became Acting Attorney General on 10/3/66, the Bureau was operating one microphone surveillance. On 2/29/68 . he gave written approval for another microphone surveillance, “ which involved penetration of communications equipment ata diplomatic establishment. & review of policy concerning wiretaps and microphones discloses that Director's policy has been on a sound basis, ’ ACTION: This memorandum be referred to the Director for his information, bah py mS - DETAILS - 3% mac . . : ang) 3 Pa OF AOR Sag NN eee dy cy AAI AR Ta os eh PST Vearct Deeks Gab xa: PaRaa eee ave Roepe . mre , Fis) % ict aay SRG % eG ae ; yrs Rr ary