7/28/97
CLASSIFIED BY 5668 SLD/GCL
DECLASSIFY ON: 29K (1)(6)
(PER NSA LTR
DTD 4/15/97)
Classified by Multiple Sources
Declassify on: OADR
8/1/85
ALL INFORMATION CONTAINED
HEREIN IS UNCLASSIFIED EXCEPT
WHERE SHOWN OTHERWISE
Office Memorandum ● UNITED STATES GOVERNMENT
TO: L. V. BoardmanDATE: Feb. 1, 1956
FROM: A. H. Belmont
SUBJECT:
ESPIONAGE — R
Purpose of attached summary is to consider possibilities of using information for prosecution. In order to view this matter in its proper perspective it was believed necessary to set forth exactly what information is as well as to briefly review the origin and history of how the Bureau came to receive this traffic. Consequently, the attached summary is divided into four parts as follows:
| I. | EXPLANATION AND HISTORY OF INFORMATION | ||||||||||||
| II. | WHO HAS KNOWLEDGE OF INFORMATION? | ||||||||||||
| III. | NATURE OF MESSAGES AND USE OF COVER NAMES | ||||||||||||
| IV. | PROSECUTION
|
There is no question that justice would be properly served if Judith Coplon and the Silvermaster-Perlo groups could be successfully prosecuted for their crimes against the United States. The introduction into evidence of information could be the turning point in the successful prosecution of these subjects; however, a careful study of all factors involved compels the conclusion that it would not be in the best interests of the U.S. or the Bureau to attempt to use information for prosecution: 1) the question of law involved--whether or not the information would be admitted into evidence as an exception to the hearsay evidence rule; 2) the fragmentary nature of the messages and the extensive use of cover names therein make positive identification of the subjects difficult; 3) the severe restrictions surrounding the mention of communications intelligence data and the anticipated objections from the National Security Agency, the U.S. Communications Intelligence Board and perhaps the National Security Council against public disclosure of U.S. efforts and successes in the communications intelligence field;
Enclosure
ENCLOSURE
ERT:emb
