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23. Authorizing Disclosure in General -- Illustrative Examples

  1. 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.

  2. 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.

  3. 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.

[cited in USAM 1-6.340]