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Organization And Functions Manual 20. Procedure If The U.S. Attorney And The Originating Component DEsire Disclosure

20.

Procedure if the U.S. Attorney and the Originating Component Both Desire Disclosure—Illustrative Example

In a cocaine possession case set for trial in a state court, a Deputy U.S. Marshal is subpoenaed on behalf of the defense. The Marshals Service does not object to the Deputy Marshal's appearance. There are no factors set forth in 28 C.F.R. § 16.26(b) that are applicable and the release appears to be appropriate under § 16.26(a). Since there is no objection from the originating component, the USA may authorize the Deputy's testimony without any further inquiries or approval from the Department.
See generally USAM 1-6.250.
[cited in USAM 1-6.250]
Updated February 19, 2015