In cases in which the United States is not a party, the United States Attorney may authorize disclosure pursuant to 28 C.F.R. 16.24(b) if the originating component does not object and if disclosure is appropriate under both the rules of procedure and the law of privilege, 28 C.F.R. 16.26(a), and will not involve any of the factors that justify a denial pursuant to 28 C.F.R. 16.26(b). For an illustrative example, see the DOJ Organization and Functions Manual at 20.

If the demand involves information that was collected, assembled, or prepared in connection with litigation or an investigation that is supervised by a division of the Department, the Assistant Attorney General in charge of the division responsible for such litigation or investigation should be consulted before the United States Attorney authorizes the disclosure of the information. 28 C.F.R. § 16.24(c).

[Updated April 2018]