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22. 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.

[cited in USAM 1-6.112; 1-6.262]