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.