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Memorandum C. D. Brennan to Mr. . C. Sullivan RE: ~ELECTRONIC SURVEILLANCES 66-8160 DETAILS: Wiretapping Policy (Telephone Surveillances) The Director, since he was appointed head of the FBI in 1924, has consistently opposed the use of wiretapping as a general practice. He stressed that wiretaps, where necessary,. should be used under the most limited and tightly restricted conditions. His views, openly expressed over the years, were made known to Congress, to Government officials, and to the yarious Attorneys General. On December 2, l929, the Director presented the Bureau's policy to Congress before the House Appropriations Committee.. He testified, "...We have a very definite rule in the bureau that any employee engaging ih wire tapping will be dismissed from the service of the bureau." He also testified, "while 1t may not beillegal, I think it is unethical...." As early. as l93l the Director informed the then Attorney General William D. Mitchell that as a matter 'of policy any request for a wiretap will be forwarded to the Department for their approval. and directed the then Attorney General Robert H. Jackson,. in such cases as he approved, to utilize wiretaps on "persons suspected of subversive activities against the Government of the. United States, including suspected spies." From the time' of the. Presidential Directive of l940 to this very date, each request for a wiretap has been presented to the Attorney General in writing for his specific authorization. In l946 President Truman reaffirm Roosevelt's policies and procedures involving wiretapping in security cases. It is noted that the then Attorney General Tom C. Clark prevailed upon President Truman to modify the rules to inclu criminal cases where human life was in jeopardy, such as kidnapping and extortion. As a result, President Truman modified the existin directive to include certain criminal cases. Policy Under Robert F. Kennedy. Robert F. Kennedy took office as Attorney General on January 21, 196l, and resigned on September 3, l964. Prior to taking office, the Director furnished him with an outling of the FBI's policy and procedure on wiretapping. This outline set forth the basic authority contained in President Roosevelt's Directive. CONTINUED - OVER