48.

Standards for FBI Investigation—Standards for Release of Information

General procedures to be followed by Department of Justice employees in responding to demands for Department information in federal and state proceedings are contained in 28 C.F.R. Part 16 (45 Fed.Reg. 83208, Dec. 18, 1980). Pursuant to the provisions of 28 C.F.R. Secs. 16.24(c) and 16.26(d), the Civil Rights Division has established the following procedures to be followed whenever a demand is made in federal or state proceedings for disclosure of any information collected, assembled, or prepared in connection with litigation or an investigation supervised and/or reviewed by the Civil Rights Division. Whenever a demand is made upon an employee or former employee of the Department for the production of material or the disclosure of information pertaining to investigations supervised and/or reviewed by the Civil Rights Division, the employee shall immediately notify the United States Attorney from the district from which the demand has been issued. The United States Attorney shall immediately contact the Deputy Assistant Attorney General of the Civil Rights Division who shall refer the matter to the appropriate Section Chief for review of the information whose disclosure is sought. If the Section Chief approves a demand for the production of material or disclosure of information he/she shall so notify the United States Attorney and such other persons as circumstances may warrant. If the Section Chief does not authorize the disclosure he/she shall notify the Assistant Attorney General of the Civil Rights Division or a designated Deputy Assistant Attorney General, who may: Authorize personally the demanded testimony or other disclosure of the information if such testimony or other disclosure, in the Assistant or Deputy Assistant Attorney General's judgment, is consistent with the factors specified in 28 C.F.R. Sec. 16.26(a) of this part and none of the factors specified in 28 C.F.R. Sec. 16.26(b) exists with respect to the demanded disclosure; or Authorize negotiations and, if necessary, appropriate motions, to seek to limit the demand to matters, the disclosure of which would not be inconsistent with the considerations specified in 28 C.F.R. Sec. 16.26, and otherwise to take all appropriate steps to limit the scope or obtain the withdrawal of a demand; or If, after all appropriate steps have been taken to limit the scope or obtain the withdrawal of a demand, the Assistant or Deputy Assistant Attorney General does not authorize the demanded testimony or other disclosure, refer the matter for final resolution to the Deputy or Associate Attorney General, as indicated in 28 C.F.R. Sec. 16.25. [cited in USAM 8-3.180; USAM 8-3.195]