Where Information Was Collected in Connection With a Matter
Not Supervised by a Litigating Division—Illustrative Example
In a bank robbery case an FBI agent is subpoenaed to testify about
FBI personnel policy. Since this demand does not involve information that
was collected, assembled, or prepared in connection with either litigation
or an investigation supervised by a division of the Department, in the event
of a disagreement, the Director of the FBI may authorize disclosure. If,
however, the Director does not wish to reveal the personnel policy of the
Bureau, because of a factor set forth in 28 C.F.R. § 16.26 and
the USA disagrees and wishes to authorize testimony, this becomes an
"especially significant issue" which, after filing a motion to quash the
subpoena and having it acted on adversely, the USA may refer to the Deputy
Attorney General for a denial.
See generally USAM 1-6.262.