An FBI agent is subpoenaed to testify in a state bank robbery case. Before turning the case over to the state for prosecution, the FBI had investigated the matter under the supervision of the Criminal Division of the Department. The FBI and the USAO disagree with respect to the appropriateness of the agent's testimony. Since the demand involves information that was collected, assembled, or prepared in connection with an investigation under the supervision of the Criminal Division of the Department, the USA should notify the Assistant Attorney General in charge of the Criminal Division, who may take one of the three steps listed in JM 1-6.261.
[cited in JM 1-6.261]
[updated January 2017]