“It is the policy of the Department of Justice that, in any civil matter in which the Department is representing the interests of the United States or its agencies, it will not enter into final settlement agreements or consent decrees that are subject to confidentiality provisions, nor will it seek or concur in the sealing of such documents.” 28 C.F.R. § 50.23. While there may be “rare” exceptions to this policy that may be invoked only by certain Department officials, see id., as a general rule, civil settlements are subject to the principles of openness in judicial proceedings.

[new April 2018]