20. Procedure If The U.S. Attorney And The Originating Component Desire Disclosure

In a cocaine possession case set for trial in a state court, a Deputy U.S. Marshal is subpoenaed on behalf of the defense. The Marshals Service does not object to the Deputy Marshal's appearance. There are no factors set forth in 28 C.F.R. § 16.26(b) that are applicable and the release appears to be appropriate under § 16.26(a). Since there is no objection from the originating component, the USA may authorize the Deputy's testimony without any further inquiries or approval from the Department.

See generally JM 1-6.250.

[cited in JM 1-6.250]

[updated January 2017]

Updated September 19, 2018