Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-04-10
A Bill That Misses the Mark

Congress should go slow in giving final ap-
prevail to any such wire-tap bill as that which
passed the Eouse, after long debate.
After all, the only purpose of such legisla-
ton is to strengthen the hands of the FBZ and
other intelligence agencies in protecting the
Nation against spies, SaboteurS and other in
ternal enemies by securing disable evidence to
convict them in court There is considerable
doubt as to whether the bill, as amended before
passage, will contribute to that end. Most of
the doubt about the effect of the bill is held by
those who have the chief responsibility for in
ternal security-Attorney General Brownell and
FBI Director Hoover They may resolve that
doubt by the time the bill reaches Senate
hearings.
AS of now there is uncertainty as to whether
the House-approved measure would require
court consent for all wire tapping by the FBI
and the other agencies, or whether the require
ment applies only to evidence to be used in
cases involving internal security which are to
= be prosecuted in Federal court. If no tap could
be made except upon a showing of reasonable
cause" before Federal judge, the legislation
would impose investigative restrictions on the
FBI never before encountered-and which
should not be imposed in the VITAL narrow field
of national security.
If the FBI on the other hand, could con-
tinue to tap wires of suspected spies, but could
not use any evidence obtained unless prior
court order had been granted, the situation
would not be greatly different from now. There
are times when an unevaluated tip may justify
an FBI investigation, including telephone
housekeeping" but it is possible that judges
would not consider such a tip reasonable
cause" for wire tapping. The tap without
court o. K. might turn up evidence of critical
Importance to the safety of the Nation Yet, as
now is the case, the FBI would be foreclosed
from using that evidence in court.
The House was inconsistent, anyway in
voting to require Federal judges consent to
any wire tapping from which evidence admis-
sible in court would flow. In adopting the So
called retroactive clause the House put itself
in the anomalous position of legalizing wire-tap
evidence already obtained without court sane
ton, but outlawing for court use any future
information secured under identical circum-
stances This retroactive feature is of dubious
wisdom. It comes very close to being ex post
facto legislation.
If Congress were considering bill to give
the FBI complete re-tapping freedom in all
of the hundreds of types of Federal violations
within the bureaus jurisdiction-from white
slavery to kidnapping and automobile theft-the
requirement for some court restraint on such
widespread shopping" would be in order.
But the present legislation is confined to
certain Investigations bearing directly on ma
tional security. There should be no doubt what
ever as to the authority of the FBI to use every
scientific investigative technique available in
detecting plots against the Nation and in using
evidence so obtained in court-whether or not
the wire-tap operation had judges approval in
advance.