Congressional Testimony of an Assistant United States Attorney on Behalf of the National Association of Assistant United States Attorneys

The Department of Justice correctly takes the position that it may not prohibit an Assistant United States Attorney from testifying before Congress in his or her personal capacity on behalf of the National Association of Assistant United States Attorneys.

The Department’s rules regulating such testimony are consistent with the First Amendment. Those rules require that the AUSA make it clear that he or she is not speaking for the Department, avoid using or permitting the use of his or her official title or position in connection with the testimony (except as one of several biographical details), and comply with rules on the protection of confidential information