DRAFT MEMO9RANDUM ON ELECTRONIC SURVEILLIANCE

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A000800190008-9
• Release Decision: RIPPUB
• Original Classification: T
• Document Page Count: 5
• Document Creation Date: December 15, 2016
• Document Release Date: March 26, 2004
• Sequence Number: 8
• Publication Date: February 1, 1977
• Content Type: MF

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THE WHITE HOUSE
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TOP SECRET~~
MEMORANDUM FOR
THE ATTORNEY GENERAL
SUBJECT: Draft Memorandum on Electronic Surveillanc,e
As you requested, I have reviewed the draft of the memorandum you
propose to send to the President concerning electronic surveillance,
My initial reaction is that I do not have any fundamental problems
with it. I do, however, believe that both the so-called "important"
and "essential" cases should be reviewed and certified by both the
Secretary of State (or a Presidential appointee who is his personally
designated representative) and myself (or in my absence from
Washington by my Deputy). This would provide an. additional certi-
fication for the "essential" cases and would codify the practice
that has evolved on the "important" cases.
It,,.wouldP be most useful if at our next pre-SCC meeting on this subject
on 11 February) we could have before us your final memo-
randum to the President. At that time, we will also consider the
study being prepared by our senior aides concerning the substantive
value and risk of these operations. This will allow us to view the
problem as a whole as we consider our recommendations_ to the
President on the future of this program.
Finally, I would like to state my strong interest in consulting with
you concerning the electronic surveillance legislation being drafted
by the'Department of Justice. Clearly this is one of the most
important pieces of national security legislation whicl>,,the Adminis-
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Zbigniew Brzezinski
cc: The Secretary of State 1 /
Acting Director of Central Intelligences'.
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February 1., 1977
STAT
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NATIONAL SECURITY COUNCIL
Please note that there has been a
change in the time of the pre-
SCC meeting. It will be held
at 2: 3 0 p.m. on 11 February
instead of 9:15 a.m. on 11
February.
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8 February 1977
NOTE FOR MR. KNOCHE
Hank,
In response to my inquiry, Doug Marvin,
Special Assistant to the Attorney General,
informed me that Mr. Bell did sign and
forward his letter on electronic surveil-
lance to the President last week. Further,
the President, on 3 February, signed the
proposed memo to the Attorney General,
delegating to him the authority to approve
electronic surveillance operations without
judicial warrants.
The memo signed by the President
reportedly had "minor modifications" from
the draft provided to you on 26 January.
The Attorney General is writing you in
response to your 28 January memo to him,
and Doug Marvin said he would provide this
to me tomorrow, 9 February.
I will incorporate these developments
into the briefing paper for your 11
February meeting with the "
SA-D DCI IC
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