Inapplicability of 28 C.F.R., Section 16.21 et seq. in
Certain Cases—Illustrative Examples
See generally USAM 1-6.120.
- An INS
employee is subpoenaed as an adverse witness by a plaintiff who accepted
that employee's check for personal purchases which later was returned for
insufficient funds—no authorization is required because the information
requested is unrelated to the individual's employment.
- An FBI agent is subpoenaed by an insurance company to testify that
he/she saw the plaintiff's vehicle weaving across the road when the agent
observed the car during a bank robbery investigation -- authorization to
testify is required because the information was acquired as part of his/her