IAn 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 a USAO. Since this demand does not involve information that was collected, assembled, or prepared in connection with either litigation or an investigation supervised by a division of the Department, in the event of a disagreement, the Director of the FBI may authorize disclosure. If, however, the Director does not wish to have the agent testify because of a factor set forth in 28 C.F.R. § 16.26 and the USA disagrees and wishes to authorize testimony, this may become an "especially significant issue" which the USA may refer to the Deputy Attorney General for decision.
See generally JM 1-6.262.
[updated January 2017]