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Memorandum Smith to Sullivan RE: MICROPHONES POLICY BRIEF the Department's legal advice to the Bureau, and illustrates ' LHe pUTreau 5S practical implementation of that guidance, I: anu | tne Depar tue court decisions in this area of the law, sets forth Throughout this document, the Department's knowledge é and/or approval of microphone surveillances are documented, Of particular significance are the Bureau's efforts to obtain Departmental backing for the use of microphones involving » (trespass after Attorney General McGrath in February, 1952, ruled that he could not authorize them. Confronted with the absolute necessity of using this investigative technique to } funlfilt its pressing responsibilities the Rurean hacan naontia- * Hoe oe ch i et re ee ae tat ie Bh Fin, a a? ee ee ae el oe ole ale ee ol oe hfs Ys OF ee ree fy oe one By er ae tions with the Department culminating in a memorandum from Attorney General Brownell on 5-20-54 which formed the basis for the Bureau's subsequent use of microphones involving trespass in both the security and criminal fields. Of more recent interest the brief traces Bureau policy through the tenure of Attorney General Kennedy and his drive against organized crime, It documents in detail ~My. Kennedy's knowledge of and approval for microphore surveillances in investigations of organized crime, More= over the brief sets forth factually the knowledge of Mr, Kennedy's staff that this technique was being used by the FBI. Finally, the brief brings Bureau policy up to date through the tenure of Attorney General Katzenbach. In this brief an objective study in depth was undertaken to provide the Director with a clear picture of the development of Bureau policy involving microphone surveillances, This brief sets forth documented facts which willnot only defend the Bureau against criticism but also present a positive and convincing case for the Bureau's tightly controlled and strictly limited use of microphone surveillances to achieve investigative coverage essential to the national safety and welfare. RECOMMENDATIONS ; 1. That the enciosed policy brief be furnished to the Director for his information. (A detailed table of contents has been prepared for the Director's ready referral and use, Exhibits mentioned in the brief are keyed by numbers to the documents tabbed in the accompanying three volumes of exhibits).