LETTER TO HONORABLE EDWARD H. LEVI FROM EDWARD M. KENNEDY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000500110040-4
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: September 4, 2004
• Sequence Number: 40
• Publication Date: April 10, 1975
• Content Type: LETTER

JAMe.3 O. ZA Si-...AN']. MISS., CHAIRMAN - b'UfeCO"-i ~?1tTTiE[ 41 L. J
X ht4 {! MCcLELL'N. iii K. E]OMAN L. FIRUSKA, NE:]R. EUWARU M. KF.N%MOY. MA'SS., CNACv4EAtE
JR., 1I.C. Fi1rV.1!?F L. F'O".G, HAWAII
? !`..k,ILIG' A.-.,1+ qT, MICH. ih' I Si.OI-T, PA, pY.it]P A. HA]'ET, MICH. Sl'ROM T71URM' N!1, 'S.C.
60W; kC Y;I., NFLOY, Approe tForReaease 2004/10/12: CIA-RDP77M0014 ?f ,4i,AQA0-4Fo; R n;"c K .',A JR.. ?;O.
S
t'''.YYIN N.:91cHCtCK, N. DAK. CIIARr_f..^., MCC. MATHIAS. J;4., MU? JGitiN V. 'tU NCY, C.+iLl ir.
..: :s cFfl C. UY RO,-W. VA. El,WARO J. GURNF'V, 6'LA.
JC}iN 11. TU nNEY, CAU P. NATHAN I LUENT 4AL, CHIEIs CO`.;HSEL
p! Te:R M. STOCKF'IT, .Kt.
CHIEY COw r.. ANO STAi'Y D!RFCTOEi
COP, iM4ITTE:Ei 0.11 THE JUL)K;tAR1Y
SUUCOMM I TTCE ON
PUMINI UTRA'rlvs PRACTICE ANO FROG. DUR'G
(YN]P!:'A)ANT TO3xC. S.S. HF'.4. S. O]D CONGAfi55)
WASHINGTON, D.C. M10
April 1O , 1975
Honorable Edward 11. Levi
Attorney General
Department of Justice
Washington, D.C.
Dear MIr. . Attorney General
Vie:: s
APR 1_4 190
A newspaper report in today's Washington Post
has raised serious questions as to htNi nanoTederal
agencies engage in electronic surveillance and. the extent
of such surveillance.
At a hearing on May 23, 1974, before t:he` Subcommittee
on Administrative Practice and Procedure, Attorney General.
Saxbe testified on this subject. 1 asked him: "Can you
tell us about; any other organizations or governmcnt
departments that are involved in any wiretapping at all
today?" The Attorney General replied: We do not believe
that there is anyone else and the penalties are rather
severe." (p. 49`i) I am enclosing a copy of the hearing-,
for your convenience.
The recent reports raise questions concerning the
completeness and clarity of Attorney General Saxhe's
earlier testimony. President Johnson's executive memorandum
of June 30, 1965, requires that .federal. agencies engage in
wiretapping only with the prior approval, of the Attorney
General. In order to fully ansti?;or the questions that have
been raised, T request that you provide the Subcommittee on
Administrative Practice and Procedure with the folloti]:ing_
information by April. 16:
1. A list of all federal departments,, agencies, bureaus,,
divisions, and other units that conduct, have conducted, -:or have
authority to conduct electrc)z-ie surveillance of arty '.type' {_ine lucting
wiretaps, bugs, anG other uses of any device or apparatus whi r.
c !:! be used to a wire or oral.
Approved For Release 2004/10/12: CIA-RDP77M00144R000500110040-4
 &e? FoAhIase 2004/10/12: CIA-RDP77M00144R000500110040-4
2. For each agency listed under #1 above, the specific
statutory or other authority for the agency's conduct of
electronic surveillance.
3. For each agency listed under. fl. above, all guidelines,
procedures, rules and regulations relating to the conduct
of electronic surveillance.
4. For each agency listed under Ttl above, a specificat_icon.
of whether the agency's conduct, or authority to conduct,
electronic surveillance includes:
a. Electronic surveillance conducted tursuant to a
court warrant obtained under the provisions of sections 2516
and 2518 of title 18, United States Code;
b. Electronic surveillance coriducted without a
court order obtained under the provisions of sections 2516 and
2518 of title 18, United States Code;
c. Electronic surveillance conducted within the
United States;
d. Electronic surveillance conducted in foreign
countries.
S. For each agency listed under f'r1 above, the number of
electronic surveillances in olace on April. !., 1975, and the
number of electronic surveillances in place at any time during
the calendar years 1970 through 1974 (with a description of
the met hod used in . computing these figures).
I am sure you appreciate the need for the questions
raised by Attorney General Saxbe's testimony to be answered
as quickly and definitively as possible. These questions
demonstrate once again the need for close cooperation between
the Department of Justice and the Congressa
Many of the questions posed in tlra.s letter were originally
raised in my letter of October 10, 19737 to Attorney General
Richardson. The Subcommittee requested additional information
on April 16, 1974, and at the hearing on May 25,, 1974. Attorney
General. Saxbe indicated a willingness at the hearing to
provide this information in the near future, but none of
this information has been provided. I am enclosing copies
of the October 10, 1913, and April 16, 1974 correspondence
Approved For Release 2004/10/12 : CIA-RDP77M00144R000500110040-4
 Approved For Release 2004/10/12 : CIA-RDP77M00144R000500110040-4
Honorable Edward H. Levi
April 10, 1975
Page 3
for your convenience, and would appreciate your letting me
know by when the 'information requested in these letters and
at the hearing will be made available.
With best wishes.
Edward M. Kennedy
Chairman
Subcommittee on Admin .s"t rative
Practice and Procedure
Approved For Release 2004/10/12 : CIA-RDP77M00144R000500110040-4
 Approved For Release.2004/10/12 : CIA-RDP77M00144R000500110040-4
I.urs-eiflanteil. 'Cho materials would he supplied to :tuhcili1unittee st:'tf of a
11011- since they ttoutd represent 1icpothetical. and not real sur-
veillances. In Iirldition, the Suhc,rrurnitrEe state would lie: slioou copies of Solme
documents for :tctuttl surreill;tnces (from which names and iclentifyitr; data
could be rernovred) in order to compare theme with the hypotheticals.
2. Copies of nct'unt or hypothetical doctinmenrs referring, each stel* in the
process of review within the I'M of a ro;,upie.:t to initiate a warrantless electronic
Curveillarir;e.At the meeting of February :''ith. Director Kelley referred to at
least a ten-step process; within the FM for reviewing a. re(pLst for a wiretap..
I-) :rector Keltey- indicaresi that there are cnonnttnlcati+,ns to and front the agent
lit the field, the :rent's supervisor, the .lssist;ant Attermt in t'hnige, the Agent in
Charge, the supervisor in the, appropriate rlivb-ien of. the I'I'I, the -Moist Clttef.
the Section Chief, the Branch Chief. the Assistant Director, time .1s: