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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]