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Surreptitious Entries Black Bag Jobs — Part 27
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In 1948, thes “Supreme Court | in Chicago and Duthern Airlines,
Inc. v. Waterman Corp. reaffirmed and elgborated on its earlier
holding in Curtiss-Wright, supra, The Court in Waterman again held
that the President is empowered to act with broad freedoin and secrecy - -
in the conduct of forcign relations and that the judiciary should not
.
interfere with Presidential power in this arca. Commenting on | the
sensitive nature of forcien affairs and the judiciary’ s role in this area,
the Court said: a
"The President... has available intelligence services
whose reports are not and ought nol to be published to the
- world, It would be intolerable that courts without the
relevant information should review and perhaps nullify
actions of the Executive taken on information properly
held secret. Nor can courts sit in camera in order to be taken
into executive confidences. But even u courts could acquire
full disclosure, the very nature of executive decisions as to
foreign policy is political, not judicial. Such decisions are
wholly confided by our Constitution to the political department...
They are delicate, complex and involve large elements of
prophecy. . . They are decisions of a kind for which the Judiciary
has neither aptitude, facilities, nor responsibilities and which has
Jong been held to belong in the domain of political power not
subject to judicial intrusion or inquiry. . ."42
The Congress has also recognized that the President has certain
powers i in. the area of foreign affairs. Title IM. of the Omnibus Crime
, 13 7 .
Control- and Safe Streets Act authorizes the use of electronic surveillance -
for certain crimes. Along with the surveillance provisions in the Act, ther
is the following proviso:
“Nothing contained in this chapter . . . shall limit ;
the constitutional power of the President to take such measures
as he deems necessary lo protect the Nation arainst actual or
potential attack or other hostile acts of a forcign power, to obtain
foreign intelligence information deemed essential to the securily
~4-
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