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Title 1: Organization and Functions

1-3.000 - Prior Approval Requirements

Employees must seek approval from the Deputy Designated Agency Ethic Official (DDAEO) before engaging in certain outside activities.
1-4.130 A Department attorney who is found to have engaged in misconduct shall not represent the United States in litigation concerning the misconduct finding, unless approval is obtained from the responsible USA or AAG of the appropriate litigating division.
1-4.140(E) DOJ OPR shall obtain approval of the DAG before declining to investigate or terminate an investigation on the ground that an employee has left the Department.
1-4.150 Employees must obtain prior approval from OPR to refer allegations of misconduct by any non-DOJ attorney or judge to appropriate disciplinary authorities.
1-4.320(E) Employees must obtain prior written approval from the EOUSA Legal Counsel for: 1) the outside practice of a profession, whether compensated or uncompensated; or 2) the outside practice of law. If an employee desires to practice law for compensation, approval must be obtained from the DAG through the EOUSA.
1-4.330 It is advisable for employees to seek approval from the DDAEO before undertaking a teaching or lecturing assignment.
1-4.350 For approval requirements for pro bono and volunteer service, see 1-4.400 and 1-4.320E.
1-5.000 28 CFR Sec. 50.19 requests the written approval of the AAG of the appropriate division prior to filing or supporting a motion to recuse or disqualify the judge, justice or magistrate.
.111; .120
No present or former employee of the DOJ may testify or produce Departmental records in response to subpoenas or demands of courts or other authorities issued in any state or federal proceeding without obtaining prior approval by an appropriate DOJ official. (AG Order Sec. 919-80 (dated Dec. 4, 1980) 45 Fed.Reg. 83,210(1980); 28 C.F.R. Sec. 1621 et seq. Limited to subpoenas and demands issued for the testimony of Justice employees or records only.
After USA has clarified the scope of the demand or subpoena to produce Departmental records, they must notify the originating component. See notification procedure if the USA or originating component either disagree about the appropriateness of the disclosure or they agree that no disclosure should be made, they should then determine if the demand involves information that was collected, assembled, or prepared in connection with litigation or an investigation that is supervised by a division of the Department. If so, the USA must notify the AAG in charge of the division responsible for such litigation or investigation.
.380; .400
Denial policies where United States is not a party are authorized only by the DAG or AAG. Denial of demands for the production or disclosure of any material contained in the files of the Department, any information relating to material contained in the files of the DOJ, or any information acquired by any person while such person was an employee of the Department as a part of the performance of that person's official duties or because of that person's official status. 28 CFR Sec. 1626 et seq.
To disclose information in violation of 28 C.F.R. Sec. 16.26(b) which sets out those interests that the Department of Justice must protect. Deputy Attorney General must approve. See 28 C.F.R. Sec. 16.26(b).
.330 - .335
Prior coordination is required with the Office of Public Affairs of news conference of national significance. OPA should be consulted for guidance prior to commenting on new policies and initiatives, legislative proposals or budgetary issues of the Department.
1-7.400 In instances where OPA or the headquarters of any division, component or agency of the Department issues a news release or conducts a news conference which may affect an office or the USA, such division, component, or agency will coordinate that effort with the appropriate USA.
1-7.400 Issuance of a press release, news conference or contact with a member of the media relating to any case or matter which may be prosecuted by the USAO, by any field officers of any division requires approval of the USA.
1-7.530 Disclosure of information concerning ongoing investigations requires approval from the USA or Department Division handling the matter prior to disseminating any information to the media.
Department personnel with the prior approval of the appropriate USA may assist the news media in photographing, taping, recording or televising a law enforcement activity. Employees who obtain what may be evidence in any criminal or civil case or who make or obtain any photographic, sound or similar image thereof, in connection with a search or arrest warrant, may not disclose such material to the news media without the prior specific approval of the USA or AAG, who shall consider applicable regulations and policy, or upon a court order directing such production.
1-8.030 Consultation with the Counsel to the Director, EOUSA is required when responding to Congressional requests for non public information or assistance.
1-8.040 Approval is required for congressional surveys. See USAM 3-15.000.
1-8.050 EOUSA's Legal Counsel should be consulted for guidance on ethical and legal standards re attendance or participation in political functions or fund raising activities. See USAM 1-4.000.
1-8.070 USAO personnel may respond to state and local legislative requests for public information—any other type of information, assistance or testimony must be cleared with the Counsel to the Director, EOUSA. USAO personnel should obtain prior approval to comment on matters of state legislative responsibility, including local referenda or ballot initiatives (this does not apply to the U.S. Attorney for the District of Columbia).
1-8.080 Approval through the Counsel to the Director, EOUSA, is required for requests for official legislative action or changes to existing laws or new laws.
[updated July 2008]