Procedure if on a Referral the Material Demanded Arose in a
Case Supervised by a Division Other Than the Division Receiving the
Pursuant to a request from the
Civil Rights Division, an FBI agent investigates an incident involving
alleged racial discrimination and prepares a report on his/her findings.
Five years later that report is subpoenaed by a defendant in an unrelated
criminal case. The matter is then referred to the Criminal Division because,
after consultation with the FBI, the attorney in charge of the case believes
that a denial may be required under 28 C.F.R. 16.26(b). The Assistant
Attorney General in charge of the Criminal Division must notify the
Assistant Attorney General in charge of the Civil Rights Division of the
demand and the anticipated response. If both agree on disclosure, then
disclosure results. If both agree on denial or if they disagree on
disclosure, the matter is referred to the Deputy Attorney General since that
official supervises the originating component (in this example the FBI).
See generally USAM 1-6.370.