720. Authorization Procedure for Immunity Requests
All requests for immunity in matters assigned to the Criminal Division, and a copy of all such requests from other Divisions, shall be forwarded to the Office of Enforcement Operations using the Department's standard immunity request form. A copy of the form is set out in this Manual at 721.
The Policy and Statutory Enforcement Unit of the Office of Enforcement Operations will forward the name of the witness to the litigating sections of the Criminal Division, the Federal Bureau of Investigation, and the Internal Revenue Service to determine whether granting immunity to the witness may conflict with prosecutorial interests in other proceedings. Should this review disclose a possible conflict or objection, the Policy and Statutory Enforcement Unit will hold the request in abeyance until the conflict or objection is resolved. Upon completion of its review, the Policy and Statutory Enforcement Unit will prepare a recommendation and a letter of authority to seek an order to compel the witness's testimony for the signature of the Assistant Attorney General of the Criminal Division. If the request is from another Division, the Policy and Statutory Enforcement Unit will prepare a memorandum from the Assistant Attorney General of the Criminal Division to the Assistant Attorney General of such other Division concurring in the request. A copy of the standard letter of authority is set out at in this Manual at 722.
The Policy and Statutory Enforcement Unit will endeavor to process immunity requests within ten business days of their receipt. Requests should be e-mailed to PSEU@usdoj.gov. Attorneys for the Policy and Statutory Enforcement Unit may be reached at (202) 305-4023 to discuss issues relating to witness immunity.
When authorization to seek immunity is needed in less than ten business days, the reasons for seeking the expedited authorization should be included on the form submitted to the Policy and Statutory Enforcement Unit and, if authorization is needed in less than two working days, please call to Policy and Statutory Enforcement Unit prior to submission of the form.
Additional information regarding the steps to follow once authorization has been granted to seek to compel testimony is available in subsequent sections of this Manual:
| Obtaining the Court Order | Criminal Resource Manual at 723 |
| Expiration of Authority to Compel | Criminal Resource Manual at 724 |
| Use of Immunized Testimony by Sentencing Court | Criminal Resource Manual at 725 |
| Steps to Avoid Taint | Criminal Resource Manual at 726 |
| Civil Contempt | Criminal Resource Manual at 727 |
| Criminal Contempt | Criminal Resource Manual at 728 |
[updated June 2009] [cited in JM 9-23.110; JM 9-23.130]