A case of “national interest” is one that presents important public policy considerations; a case that presents a novel issue of law; a case that because of peculiar facts and circumstances may set important precedent; a case with simultaneous investigations in multiple districts (unless the United States Attorney’s Office in each district and the Civil Rights Division conclude that national interests are not involved); a case with international or foreign policy implications; a case that is urgent or sensitive; or a case that substantially affects the uniform application of the law. A case involving a violation of the federal criminal civil rights laws resulting in death or where the underlying conduct involves a sexual act as defined by 18 U.S.C. § 2246(2), or a case involving a violation 18 U.S.C. § 2243(b) or (c) is presumed to be a case of national interest.

The Assistant Attorney General for the Civil Rights Division, after consultation with the United States Attorney, shall determine whether a case is of “national interest,” considering the factors listed above. In a case of national interest, the Assistant Attorney General, after consultation with the United States Attorney, may require the United States Attorney’s Office and the Civil Rights Division to participate jointly as co-counsel from the initiation of the investigation through prosecution. The Assistant Attorney General for the Civil Rights Division, after consultation with the United States Attorney, shall take into consideration all of the circumstances, including the experience of the particular United States Attorney’s Office and the efficient use of government resources in making staffing decisions. The Assistant Attorney General for the Civil Rights Division, after consultation with the United States Attorney’s Office, may also determine that a case is best staffed by attorneys only from the United States Attorney’s Office or only from the Civil Rights Division.

In a case of national interest or that is presumptively of national interest, the United States Attorney’s Office in the relevant district, the FBI, and the Civil Rights Division should consult and coordinate with each other before any press conference is held or before any statement is made to the media.

[updated December 2022]