1-7.001
Purpose
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The purpose of this policy statement is to establish specific guidelines
consistent with the provisions of 28 CFR 50.2 governing the release of
information relating to criminal and civil cases and matters by all
components (FBI, DEA, INS, BOP, USMS, USAO, and DOJ divisions) and personnel
of the Department of Justice. These guidelines are: 1) fully consistent with
the underlying standards set forth in this statement and with 28 CFR 50.2;
2) in addition to any other general requirements relating to this issue; 3)
intended for internal guidance only; and 4) do not create any rights
enforceable in law or otherwise in any party.
1-7.110
Interests Must Be Balanced
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These guidelines recognize three principal interests that must be
balanced: the right of the public to know; an individual's right to a fair
trial; and, the government's ability to effectively enforce the
administration of justice.
1-7.111
Need for Confidentiality
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Careful weight must be given in each case to protecting the rights of
victims and litigants as well as the protection of the life and safety of
other parties and witnesses. To this end, the Courts and Congress have
recognized the need for limited confidentiality in:
On-going operations and investigations; Grand jury and tax matters;
Certain investigative techniques; and, Other matters protected by
the law.
1-7.112
Need for Free Press and Public Trial
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Likewise, careful weight must be given in each case to the
constitutional requirements of a free press and public trials as well as the
right of the people in a constitutional democracy to have access to
information about the conduct of law enforcement officers, prosecutors and
courts, consistent with the individual rights of the accused. Further,
recognition should be given to the needs of public safety, the apprehension
of fugitives, and the rights of the public to be informed on matters that
can affect enactment or enforcement of public laws or the development or
change of public policy.
These principles must be evaluated in each case and must involve a fair
degree of discretion and the exercise of sound judgment, as every
possibility cannot be predicted and covered by written policy statement.
1-7.210
General Responsibility
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Final responsibility for all matters involving the news media and the
Department of Justice is vested in the Director of the Office of Public
Affairs (OPA). The Attorney General is to be kept fully informed of
appropriate matters at all times.
Responsibility for all matters involving the local media is vested in
the United States Attorney.
1-7.220
Designation of Media Representative
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Each United States Attorney's Office and each field office of the
various components of the Department shall designate one or more persons to
act as a point of contact on matters pertaining to the media.
In United States Attorneys' offices or field offices where available
personnel resources do not permit the assignment of a full time point of
contact for the media, these responsibilities should be assigned to a
clearly identified individual. (This, of course, could be the United States
Attorney or field office head.)
1-7.310
Department of Justice Components
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The public affairs officers at the headquarters level of the Federal
Bureau of Investigation, Drug Enforcement Administration, Immigration and
Naturalization Service, Bureau of Prisons, United States Marshals Service,
Office of Justice Programs, and Community Relations Service are responsible
for coordinating their news media effort with the Director of OPA.
1-7.320
United States Attorneys
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Recognizing that each of the 93 United States Attorneys will exercise
independent discretion as to matters affecting their own districts, the
United States Attorneys are responsible for coordinating their news media
efforts with the Director of OPA in cases that transcend their immediate
district or are of national importance.
[cited in USAM 1-3.000;
1-7.401]
1-7.330
Procedures to Coordinate with OPA
In order to promote coordination with the OPA, all components of the
Department shall take all reasonable steps to insure compliance with the
following:
- International/National/Major Regional News.
As far in advance as
possible, OPA should be informed about any issue that might attract
international, national, or major regional media interest. However, the OPA
should be alerted not to comment or disseminate any information to the media
concerning such issues without first consulting with the United States
Attorney.
- News Conferences.
Prior coordination with OPA is required of news
conferences of national significance.
- Requests from National Media Representatives (TV, Radio, Wire
Service, Magazines, Newspapers).
OPA should be informed immediately of
all requests from national media organizations, including the television and
radio programs (such as the nightly news, Good Morning America, Meet the
Press and Sixty Minutes), national wire services, national news magazines
and papers (such as the New York Times, U.S.A. Today, and the Wall Street
Journal) regarding in-depth stories and matters affecting the Department of
Justice, or matters of national significance.
- Media Coverage Affecting DOJ.
When available, press clippings and
radio/television tapes involving matters of significance should be forwarded
to OPA.
- Comments on Specific Issues (i.e., New Policies, Legislative
Proposals, Budget).
OPC should be consulted for guidance prior to
commenting on new policies and initiatives, legislative proposals or
budgetary issues of the Department. This should not be interpreted to
preclude recitation of existing well-established Departmental policies or
approved budgets.
[cited in USAM 1-3.000;
1-7.401]
1-7.400
Coordination With United States Attorneys—Issuance of Press
Releases
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By OPA or Headquarters. In instances where OPA or the
headquarters of any division, component or agency of the Department issues a
news release or conducts a news conference which may affect an office or the
United States Attorney, such division, component, or agency will coordinate
that effort with the appropriate United States Attorney.
Issuance of Press Release by Field Officers of Any Division. In
instances where local field officers of any division or component plans to
issue a news release, schedule a news conference or make contact with a
member of the media relating to any case or matter which may be prosecuted
by the United States Attorney's office, such release, scheduling of a news
conference or other media contact shall be approved by the United States
Attorney. See the DOJ Organizations and
Functions Manual at 28 for a discussion of press releases in cases
involving the Internal Revenue Service.
[Added November 2003]
[cited in USAM 1-3.000;
USAM 1-7.401]
1-7.401
Guidance for Press Conferences and Other Media Contacts
The following guidance should be followed when Department of Justice
components or investigative agencies consider conducting a press conference
or other media contact:
- The use of a press release which conforms to the approval requirements
of USAM 1-7.400 is the usual method to release
public information to the media by Department of Justice components and
investigative agencies. Press conferences should be held only for the most
significant and newsworthy actions, or if a particularly important deterrent
or law enforcement purpose would be served. Prudence and caution should be
exercised in the conduct of any press conference or other media contact.
- Press conferences about pending cases or investigations that may result
in an indictment by all Department of Justice components and investigative
agencies must be approved by the appropriate Assistant Attorney General or
by the United States Attorney responsible for the case. In joint or
multi-district cases the approving official should consult with other
districts or divisions affected. If it is a national case, press conferences
must be approved by the Director, Office of Public Affairs. See USAM 1-7.320 to 1-7.330.
- There are exceptional circumstances when it may be appropriate to have
press conferences or other media outreach about ongoing matters before
indictment or other formal charge. These include cases where: 1) the heinous
or extraordinary nature of the crime requires public reassurance that the
matter is being promptly and properly handled by the appropriate authority;
2) the community needs to be told of an imminent threat to public safety; or
3) a request for public assistance or information is vital. See USAM 1-7.530 to 1-7.550 and 28 C.F.R.
50.2.
- There are also circumstances involving substantial public interest when
it may be appropriate to have media contact about matters after indictment
or other formal charge but before conviction. In such cases, any
communications with press or media representatives should be limited to the
information contained in an indictment or other charging instrument, other
public pleadings or proceedings, and any other related non-criminal
information, within the limits of USAM 1-7.520,
540, 550, 500 and 28 C.F.R. 50.2.
- Any public communication by any Department component or investigative
agency or their employees about pending matters or investigations that may
result in a case, or about pending cases or final dispositions, must be
approved by the appropriate Assistant Attorney General, the United States
Attorney, or other designate responsible for the case. In joint or
multi-district cases, the approving official should consult with other
districts or divisions affected. If it is a national case, press conferences
must be approved by the Director, Office of Public Affairs.
- The use of displays or handouts in either press conferences or other
media outreach when it involves a pending case or an investigation that may
lead to an indictment requires separate and specific approval by the
officials authorizing approval as set forth in section B.
- All Department personnel must avoid any public oral or written
statements or presentations that may violate any Department guideline or
regulation, or any legal requirement or prohibitions, including case law and
local court rules.
- Particular care must be taken to avoid any statement or presentation
that would prejudice the fairness of any subsequent legal proceeding. See
also 28 C.F.R. 16.26(b). In cases where information is based directly or
indirectly on tax records, care should be taken to comply with any
applicable disclosure provisions in the Tax Reform Act, section 6103 of the
Internal Revenue Code of 1986. The fact of conviction, sentences and guilty
pleas may be reported in a press release based on information uttered in
court as opposed to waiting for the publicly filed documents relating to the
fact of conviction, plea or sentence. If you have any questions please
contact the Tax Division. Special rules apply and should be closely followed
to ensure that the identity of minors directly or indirectly is not revealed
in juvenile proceedings.
- For press releases or other public comment concerning the filing of a
request for commutation of a federal death sentence or whether such a
sentence should be commuted, special rules apply. In clemency matters, the
Department acts both as prosecutor and as advisor to the President on the
issue of clemency. In order to ensure clarity about the role in which the
Department is making a public comment and to ensure that there is no
potential for infringement upon the President's prerogative in exercising
his clemency powers or conflict in the Department's role in such matters,
press releases or other comment to the press concerning the issue of
clemency should be transmitted through the Office of Public Affairs to the
Deputy Attorney General for final approval.
- Prior to conducting a press conference or making comments on a pending
investigation regarding another DOJ component, the U.S. Attorney shall
coordinate any comments, including any written statements, with the affected
component.
- The Office of Inspector General is exempt from any approval requirement
for media contacts. However, the Office of Inspector General should inform
the Office of Public Affairs on public or other media issues.
[Added November 2003]
[cited in USAM 1-7.401]
1-7.500
Release of Information in Criminal and Civil Matters—
Non-Disclosure
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At no time shall any component or personnel of the Department of Justice
furnish any statement or information that he or she knows or reasonably
should know will have a substantial likelihood of materially prejudicing an
adjudicative proceeding.
1-7.520
Release of Information in Criminal and Civil
Matters—Disclosable Information
Department personnel, subject to specific limitations imposed by law or
court rule or order and consistent with the provisions of these guidelines,
may make public the following information in any criminal case in which
charges have been brought:
The defendant's name, age, residence, employment, marital status, and
similar background information;
- The substance of the charge, limited to that contained in the complaint,
indictment, information, or other public documents;
- The identity of the investigating and/or arresting agency and the length
and scope of an investigation;
- The circumstances immediately surrounding an arrest, including the time
and place of arrest, resistance, pursuit, possession and use of weapons, and
a description of physical items seized at the time of arrest. Any such
disclosures shall not include subjective observations; and
- In the interest of furthering law enforcement goals, the public policy
significance of a case may be discussed by the appropriate United States
Attorney or Assistant Attorney General.
In civil cases, Department personnel may release similar identification
material regarding defendants, the concerned government agency or program, a
short statement of the claim, and the government's interest.
[cited in USAM 1-7.401]
1-7.530
Disclosure of Information Concerning Ongoing Investigations
- Except as provided inn subparagraph B. of this section,
components and personnel of the Department of Justice shall not respond to
questions about the existence of an ongoing investigation or comment on its
nature or progress, including such things as the issuance or seving of a
subpoena, prior to the public filing of the document.
- In matters that have already received substantial publicity, or about
which the community needs to be reassured that the appropriate law
enforcement agency is investigating the incident, or where release of
information is necessary to protect the public interest, safety, or welfare,
comments about or confirmation of an ongoing investigation may need to be
made. In these unusual circumstances, the involved investigative agency will
consult and obtain approval from the United States Attorney or Department
Division handling the matter prior to disseminating any information to the
media.
[cited in USAM 1-3.000;
USAM 1-7.401]
1-7.531
Comments on Requests for Investigations
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Individuals, groups, or organizations often send letters to the
Department of Justice or a Department component requesting that a person or
entity be investigated for violations of law. Sometimes, the requestor then
conducts a press conference or releases a statement leaving an implication
that an investigation will result. This can cause media inquiries.
Receipt of a request to open an investigation may be publicly
acknowledged. Care should be taken to avoid any implication that the
referral will necessarily lead to an investigation. It should be pointed out
that there is a distinction between "reviewing a request for an
investigation" and "opening an investigation."
Any acknowledgment should state that such requests are referred to the
proper investigative agency for review but that no decision has been made
whether to proceed on the specific request received. Finally, it should be
noted that all substantiated allegations are reviewed in light of The
Principles of Federal Prosecution (see USAM 9-27.000), and the Department does
not ordinarily confirm or deny the existence or status of an
investigation.
The same considerations apply if there is an investigation already
underway when such a request is received. If the existence of an
investigation is not public the same procedure should be followed as
outlined above.
[Added November 2003]
[cited in USAM 1-7.401]
1-7.540
Disclosure of Information Concerning Person's Prior Criminal Record
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Personnel of the Department shall not disseminate to the media any
information concerning a defendant's or subject's prior criminal record
either during an investigation or at a trial. However, in certain
extraordinary situations such as fugitives or in extradition cases,
departmental personnel may confirm the identity of defendants or subject and
the offense or offenses. Where a prior conviction is an element of the
current charge, such as in the case of a felon in possession of a firearm,
departmental personnel may confirm the identity of the defendant and the
general nature of the prior charge where such information is part of the
public record in the case at issue.
[cited in USAM 1-7.401]
1-7.550
Concerns of Prejudice
Because the release of certain types of information could tend to
prejudice an adjudicative proceeding, Department personnel should refrain
from making available the following:
- Observations about a defendant's character;
- Statements, admissions, confessions, or alibis attributable to a
defendant, or the refusal or failure of the accused to make a statement;
- Reference to investigative procedures, such as fingerprints, polygraph
examinations, ballistic tests, or forensic services, including DNA testing,
or to the refusal by the defendant to submit to such tests or
examinations;
- Statements concerning the identity, testimony, or credibility of
prospective witnesses;
- Statements concerning evidence or argument in the case, whether or not
it is anticipated that such evidence or argument will be used at trial;
- Any opinion as to the defendant's guilt, or the possibility of a plea of
guilty to the offense charged, or the possibility of a plea of a lesser
offense.
1-7.600
Assisting the News Media
- Other than by reason of a Court order, Department personnel shall not
prevent the lawful efforts of the news media to photograph, tape, record or
televise a sealed crime scene from outside the sealed perimeter.
- In order to promote the aims of law enforcement, including the
deterrence of criminal conduct and the enhancement of public confidence,
Department personnel with the prior approval of the appropriate United
States Attorney may assist the news media in photographing, taping,
recording or televising a law enforcement activity. The United States
Attorney shall consider whether such assistance would:
- Unreasonably endanger any individual;
- Prejudice the rights of any party or other person; and
- Is not otherwise proscribed by law.
- A news release should contain a statement explaining that the charge is
merely an accusation and that the defendant is presumed innocent until and
unless proven guilty.
- In cases in which a search warrant or arrest warrant is to be executed,
no advance information will be provided to the news media about actions to
be taken by law enforcement personnel, nor shall media representatives be
solicited or invited to be present. This prohibition will also apply to
operations in preparation for the execution of warrants, and to any
multi-agency action in which Department personnel participate.
- Justice Department employees who obtain what may be evidence
in any criminal or civil case or who make or obtain any photographic, sound
or similar image thereof, in connection with a search or arrest warrant, may
not disclose such material to the news media without the prior specific
approval of the United States Attorney or Assistant Attorney General, who
shall consider applicable regulations and policy, or upon a court order
directing such production.
If news media representatives are present, Justice Department personnel
may request them to withdraw voluntarily if their presence puts the
operation or the safety of individuals in jeopardy. If the news media
declines to withdraw, Department personnel should consider cancelling the
action if that is a practical alternative.
Exceptions to the above policy may be granted in extraordinary
circumstances by the Office of Public Affairs.
[cited in USAM 1-3.000]
1-7.700
Freedom of Information (FOIA)
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Nothing contained herein is intended to control access to
Department of Justice records which are publicly available under provisions
of the Freedom of Information Act (FOIA).
(28 U.S.C. 509) (Order No. 469-71, 367 F. 21028, No. 3, 1971. Amended by
Order No. 602-75, 40 FR 22119, May 20, 1975)
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