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In addition to the question of law involved, there are a number of other factors which weight against the use of information in court. These factors are most important from the Bureau's standpoint.
- C. Communications Intelligence Restrictions
information is communications intelligence information and,consequently, it is all classified "Top ⟨Secret"⟩ and is strictly controlled. Reference to the existence of communications intelligence either directly or indirectly must be avoided except among those to whom this information is necessary for the proper performance of their duties. Dissemination of communications intelligence material is made on a "need-to-know" basis and the material has been restricted even more so than other communications intelligence data since it has not been published or distributed to ⟨USCIB⟩ consumers, other than the FBI and, more recently, CIA. Before any decision could be made on using information in court the messages would have to be declassified. Such declassification would, of course, have to be passed on by USCIB and it appears evident that the approval would also have to come ⟨from⟩ the Special Committee of the National Security Council for Communications Intelligence and, as a matter of fact, it probably would necessitate approval of the President. At the same time, it appears that would have to be notified since data has been decrypted through the joint efforts of the United States and the United Kingdom. In the Laucklin Currie case when we considered the possibilities of prosecution, General Canine of NSA indicated it would be highly inadvisable to reveal U.S. efforts to break the ⟨Russian⟩ code. It is believed that NSA would strongly object to any attempt to use information in court since to do so would reveal to the Soviets the degree of success the U.S. had in breaking the Soviet code which was used during 1943–46. In addition, this knowledge by the Soviets of the degree of ⟨success⟩ the U.S. had in breaking their code might work to the disadvantage of NSA in current efforts to break the Russian codes.
- D. Political Implications
It is believed that disclosure of existence of information at this time would probably place the Bureau right in the middle of a violent political war. This is an election year and the Republicans would undoubtedly use disclosure of the information to emphasize the degree of
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