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19.

Consultation With the Originating Component—Illustrative Examples

  1. In a state bank robbery case, an FBI agent is subpoenaed to testify about his/her investigation. The agent notifies the USA that he/she has been subpoenaed. Prior to making a decision to allow the agent to testify, the USA must consult the originating component, which, in this example, is the FBI. (The person to consult is the principal legal advisor in the local Bureau field office.)

  2. In a state libel case, a Department of Justice attorney is served with a subpoena by one of the parties and asked to produce his/her entire investigative file concerning the other party, which file was prepared by DEA. In this example, there are the two originating components, first DEA, and second, either the attorney's litigating division within the Department or the USAO. Both must be consulted. (In DEA the person to consult is the agent in charge of the DEA field office.)

See generally USAM 1-6.230.

[cited in USAM 1-6.112; 1-6.230]