[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.22]



[Page 279]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

   Subpart B_Production or Disclosure in Federal and State Proceedings

 

Sec. 16.22  General prohibition of production or disclosure in Federal 

and State proceedings in which the United States is not a party.



    (a) In any federal or state case or matter in which the United 

States is not a party, no employee or former employee of the Department 

of Justice shall, in response to a demand, produce any material 

contained in the files of the Department, or disclose any information 

relating to or based upon material contained in the files of the 

Department, or disclose any information or produce any material acquired 

as part of the performance of that person's official duties or because 

of that person's official status without prior approval of the proper 

Department official in accordance with Sec. Sec. 16.24 and 16.25 of 

this part.

    (b) Whenever a demand is made upon an employee or former employee as 

described in paragraph (a) of this section, the employee shall 

immediately notify the U.S. Attorney for the district where the issuing 

authority is located. The responsible United States Attorney shall 

follow procedures set forth in Sec. 16.24 of this part.

    (c) If oral testimony is sought by a demand in any case or matter in 

which the United States is not a party, an affidavit, or, if that is not 

feasible, a statement by the party seeking the testimony or by his 

attorney, setting forth a summary of the testimony sought and its 

relevance to the proceeding, must be furnished to the responsible U.S. 

Attorney. Any authorization for testimony by a present or former 

employee of the Department shall be limited to the scope of the demand 

as summarized in such statement.

    (d) When information other than oral testimony is sought by a 

demand, the responsible U.S. Attorney shall request a summary of the 

information sought and its relevance to the proceeding.