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CLASSIFIED BY

DECLASSIFY ON: 29K

Classified by

Declassify on: OADR

TO: L. V. Boardman

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:''

''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 FEB 13 1956