Authorizing Disclosure in General -- Illustrative Examples
- In a mail fraud case, the USA's secretary is
subpoenaed by the defense to testify concerning a relevant issue and an
appropriate affidavit or statement is submitted. After first consulting with
the USAO (the originating component), the Department of Justice attorney in
charge of the case (DOJ or AUSA) may authorize the employee to testify if
the factors set forth in Section 16.26, 28 C.F.R. are satisfied.
- The government desires to call an FBI agent in the same mail fraud case
to testify for the government about his observations of the defendant. The
policy of the Department is to require neither consultation with the
originating component nor authorization for the Departmental employee to
testify in such a case.
- The Postal Inspector who investigated the same mail fraud case is
subpoenaed by the defense. In this example, the regulations do not apply,
since they prescribe procedures for Justice Department employees only. The
attorney handling the case should notify the local Postal Inspector's Office
and determine if regulations of the Postal Service apply and what their
provisions are. The regulations, however, would apply if the defense
subpoenaed the FBI agent's supervisor.
See generally USAM 1-6.340.