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24. Procedure if on a Referral the Material Demanded Arose in a Case Supervised by a Division Other Than the Division Receiving the Referral—Illustrative Example

Pursuant to a request from the Civil Rights Division, an FBI agent investigates an incident involving alleged racial discrimination and prepares a report on his/her findings. Five years later that report is subpoenaed by a defendant in an unrelated federal criminal case. The attorney in charge of the case elects to refer the matter to the Criminal Division because, after consultation with the FBI, the attorney believes that a factor specified in 28 C.F.R. 16.26(b) exists and that disclosure should not be authorized. The Assistant Attorney General in charge of the Criminal Division must notify the Assistant Attorney General in charge of the Civil Rights Division of the demand and the anticipated response. If both agree on disclosure, then disclosure results. If both agree on denial or if they disagree on disclosure, the matter is referred to the Deputy Attorney General since that official supervises the originating component (in this example the FBI).

See generally USAM 1-6.370.

[cited in USAM 1-6.370]

[updated January 2017]

Updated January 10, 2017