In cases in which the United States is not a party, the power to authorize the disclosure is initially vested in the United States Attorney. 28 C.F.R. 16.22. As a general policy, the Department favors cooperation in state and federal cases in which the testimony of one of its employees is sought or in which information obtained by the Department is sought. Authorization in one form or another is usually granted if it is appropriate under the rules of procedure governing the case or matter in which the demand arose and if it is appropriate under the relevant substantive law concerning privilege, unless one of the factors set forth in 28 C.F.R. 16.26(b) is present. See 28 C.F.R. § 16.26(a), (b) and JM 1-6.420.

[Updated April 2018]