In those cases in which either the Deputy Attorney General or the Associate Attorney General has issued a final denial, the Department employee to whom the demand has been made should, through the assigned attorney, respectfully decline to comply with the demand, citing the regulations and, as appropriate, provide the court with a copy of the written denial determination if time has permitted one to be obtained. Here, too, it is essential that the United States Attorney in cases in which the United States is not a party provide representation to the employee in his/her official capacity. In cases in which the United States is a party and is represented by a Department attorney or United States Attorney, such representation by the assigned attorney in charge of the case or matter is presumed. As with the preceding section, it may be necessary to cite the case of United States ex rel. Touhy v. Ragen. 28 C.F.R. § 16.28.

[Updated April 2018]