If the United States Attorney and the originating component determine that 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 United States Attorney must consult with the Assistant Attorney General in charge of the division responsible for such litigation or investigation. Such consultation will enable the relevant Assistant Attorney General to determine whether to require his/her approval before disclosure is authorized. See 28 C.F.R. § 16.24(c). Additionally, if the responsible U.S. Attorney and the originating component disagree with respect to the appropriateness of disclosure or they agree that no disclosure should be made, the Assistant Attorney General may:

1. A. Authorize disclosure;
2. B. Request that the United States Attorney seek to limit the demand through negotiations, objections, or the filing of a motion to quash the demand, if that has not already been done; or
3. C. Upon failure of all steps to sufficiently limit or quash the demand, refer the matter to the Deputy Attorney General or the Associate Attorney General for final resolution. 28 C.F.R. § 16.24(d)(1).

[Updated April 2018]