[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: 28CFR16.23]



[Page 279-280]

 

                    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. 16.23  General disclosure authority in Federal and State proceedings 

in which the United States is a party.



    (a) Every attorney in the Department of Justice in charge of any 

case or matter in which the United States is a party is authorized, 

after consultation with the ``originating component'' as



[[Page 280]]



defined in Sec. 16.24(a) of this part, to reveal and furnish to any 

person, including an actual or prospective witness, a grand jury, 

counsel, or a court, either during or preparatory to a proceeding, such 

testimony, and relevant unclassified material, documents, or information 

secured by any attorney, or investigator of the Department of Justice, 

as such attorney shall deem necessary or desirable to the discharge of 

the attorney's official duties: Provided, Such an attorney shall 

consider, with respect to any disclosure, the factors set forth in Sec. 

16.26(a) of this part: And further provided, An attorney shall not 

reveal or furnish any material, documents, testimony or information 

when, in the attorney's judgment, any of the factors specified in Sec. 

16.26(b) exists, without the express prior approval by the Assistant 

Attorney General in charge of the division responsible for the case or 

proceeding, the Director of the Executive Office for United States 

Trustees (hereinafter referred to as ``the EOUST''), or such persons' 

designees.

    (b) An attorney may seek higher level review at any stage of a 

proceeding, including prior to the issuance of a court order, when the 

attorney determines that a factor specified in Sec. 16.26(b) exists or 

foresees that higher level approval will be required before disclosure 

of the information or testimony in question. Upon referral of a matter 

under this subsection, the responsible Assistant Attorney General, the 

Director of EOUST, or their designees shall follow procedures set forth 

in Sec. 16.24 of this part.

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

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

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

party's attorney setting forth a summary of the testimony sought must be 

furnished to the Department attorney handling the case or matter.