Anthony Joseph Russo, Jr. v. William Matthew Byrne, Jr.

Mr. Justice Douglas, Circuit Justice.

The question raised by this application for stay presents a profoundly important constitutional question not squarely decided by the Supreme Court but ruled upon by the District Court and by the Court of Appeals in a way that is seemingly out of harmony with the import of our decisions.

The electronic surveillance used by the Government was represented to me on oral argument as being in the “foreign” field. No warrant, as required by the Fourth Amendment and by our decisions, was obtained, only the authorization by the Attorney General. Such authorization…