When the originating component declines to authorize disclosure of information sought through a demand, the United States Attorney may defend that position, for example, by way of a motion to quash, without seeking higher-level approval. Declining to authorize disclosure differs from action by the Deputy Attorney General or the Associate Attorney General to deny disclosure in the face of a final court order requiring production. If a federal court denies a motion to quash and issues a final order requiring production, only the Deputy Attorney General or the Associate Attorney General (depending upon which official supervises the component referring the demand) is authorized to determine whether to issue a final denial, which may constitute a decision not to comply with a final court order requiring disclosure. See JM 1-6.380, 1-6.400 for a full discussion.

[Updated April 2018]