The Counterterrorism Section of the National Security Division has supervisory authority over 18 U.S.C. §§ 871 and 879 cases. As great caution must be taken in matters relating to the security of the persons protected by 18 U.S.C. § 871, United States Attorneys are encouraged to consult with the Counterterrorism Section (CTS) of the National Security Division when they have doubts on the prosecutive merit of a case. For the same reason, dismissal of complaints under 18 U.S.C. § 871, when the defendant is in custody under the Mental Incompetency Statutes (18 U.S.C. §§ 4244, 4246), requires approval from CTS. In other cases, United States Attorneys must consult prior to dismissing a count involving, or entering into any sentence commitment or other case settlement involving a § 871 charge.

[updated January 2020]