Foreign government operatives compile volumes on the words of our officials, as well as from embassies and snoopers of other foreign countries. Wiretappers do not expect to garner much direct information, but they winnow a thousand talks for one bit that will compromise the object of the tap and make him vulnerable to power pressure.
Lobbyists and labor unions get the goods on people they need. And government wiretappers often listen in on them.
Add to all this private intrigue, suspicious husbands and wives, and you have an industry.
Because Washington is federal property, its telephone setup is governed by the Federal Communications Commission. FCC rules forbid unauthorized listening in on phone calls. U.S. law makes it a crime to divulge such information. Evidence secured by wiretapping may not be used in federal courts. Supreme Court Justice Holmes decreed it “a dirty business.” The strict rules hamper legitimate law enforcement officers, but do not hinder those snooping secrets for blackmail or political pressure.
In many other states, New York especially, any evidence, obtained legally or illegally, is admissible in court, though the detective who breaks the law to land it may be prosecuted, but never is. He’s decorated, instead.
New York law is liberal in extending the right to local peace officers to tap wires by judicial sanction, ex parte, for specific inquiries, never refused. Federal agents working on cases in New York and other such states usually tie up with local cops and prosecute in local courts, because the Feds are restrained in their own. In the District there is no local law, so the authorities are handcuffed.
Wiretapping is rarely used to procure actual evidence. Judges and juries don’t like it. But eavesdropping alerts officers and then they go after collateral evidence and don’t reveal where the tipoff originated.
Instead of developing more stringent legislation which is what the Communists, who break every law, want, the radical-sponsored Pepper investigation failed so miserably that many Congressmen agreed the government should have more power to protect itself by means of wiretapping. The Department of Justice is sponsoring a bill to permit, under some circumstances, the use of evidence in court so obtained; to be accepted after a Federal Judge issues an order on application of government intelligence agencies, and to sanction such agencies to engage in wiretapping directly, not for court evidence, subject to approval by the Attorney General.
Many sober observers feel that to forbid the F.B.I. any reasonable means for counteracting treason and espionage is childish prudery, and that its bitter opponents are not in good faith.
You hear a lot from pinks and phony progressives that the nation’s capital is a police state where no man is free to utter his thoughts. But most of the spying is done not for legitimate government sources, but is privately sponsored by politicians, office-holders or subversive and inimical interests. Washington is no OGPU camp. Most of the work done in the headquarters of federal investigative agencies is administrative. They decentralize their field work. The Washington offices of the Federal Bureau of Narcotics, the Alcoholic Tax Unit and several others are branches of the Baltimore division and report to the superintendent there.