28 CFR 16.23 - General disclosure authority in Federal and State proceedings in which the United States is a party.

Status message

There are 2 Updates appearing in the Federal Register for 28 CFR 16. View below or at eCFR (GPOAccess)
§ 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 defined in § 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 § 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 § 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 § 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 § 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.

Title 28 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 28.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2013-12-24; vol. 78 # 247 - Tuesday, December 24, 2013
    1. 78 FR 77585 - Exemption of Records Systems Under the Privacy Act; Correction
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Executive Office for Organized Crime Drug Enforcement Task Forces (OCDETF)
      Correcting amendments.
      Effective on December 24, 2013.
      28 CFR Part 16

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code

Title 28 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 28 CFR 16 after this date.

  • 2013-12-24; vol. 78 # 247 - Tuesday, December 24, 2013
    1. 78 FR 77585 - Exemption of Records Systems Under the Privacy Act; Correction
      GPO FDSys XML | Text
      DEPARTMENT OF JUSTICE, Executive Office for Organized Crime Drug Enforcement Task Forces (OCDETF)
      Correcting amendments.
      Effective on December 24, 2013.
      28 CFR Part 16