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MORI DocID: 1451843

limit the constitutional power of the President to take
such measures as he deems necessary to protect against
attack, to obtain foreign intelligence information deemed
essential to the security of the United States or to protect
such information, and to protect the United States against
overthrow by force or other unlawful means or against any
other clear and present danger to the structure or existence
of the Government.

3. The type of information you describe in your memorandum
does not appear to fall within any of these categories and since its
ultimate destination is BNDD, it appears to be collection for law-
enforcement purposes, which as noted above is barred to this Agency
by statute.

4. For your information, in most cases where there is a
criminal prosecution for violation of the narcotics laws, the Depart-
ment of Justice queries us as to whether we have engaged in any
interception in connection with the defendants. If a case should
involve the interception being made [?] it would
be deemed to be unauthorized and in all probability the prosecution
would have to be dropped by the Government. It is our view, there-
fore, that such interception should be carried on by appropriate
law-enforcement agencies in accordance with the authority of
chapter 119 of Title 18, U.S.C.

LAWRENCE R. HOUSTON
General Counsel

Distribution:
Copy 1-Addressee
Copy 2-General Counsel

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