155
Non-Department of Justice Government
Attorneys
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Requests for appointments of non-Department of Justice
government attorneys
as Special Assistant United States Attorneys must be made in
writing through the
Director of the Executive Office for United States Attorneys and
must include the
following information:
- The facts and circumstances of the case;
- The reasons supporting the appointment;
- The duration and any special conditions of the appointment;
- Whether the appointee may be called as a witness before the
grand jury.If
such a possibility exists, it ordinarily would be unwise to make
the appointment;
- How the attorney has been informed of the grand jury secrecy
requirements
in Federal Rule of Criminal Procedure 6(e).
- If the appointee is an agency attorney, whether the agency
from which the
attorney comes is conducting or may conduct contemporaneous
administrative or
other civil proceedings.If so, a full description of the substance
and status of
such proceedings should be included; and
- If the appointee is an agency attorney, a full description of
the
arrangements that have been made to prevent the attorney's agency
from obtaining
access through the attorney to grand jury materials in the case.
Finally, the request must contain the following statement, signed by the
agency attorney:
I understand the restrictions on the grand jury secrecy
obligations
of this appointment as a Special Assistant to the United States
Attorney and do
hereby certify that I will adhere to the requirements contained in
this letter.
The use of agency attorneys as Special Assistants before the
grand jury has
been upheld by the courts. See United States v.
Wencke, 604 F.2d
607 (9th Cir. 1979); United States v. Birdman, 602 F.2d 547
(3d Cir.
1979); In re Perlin, 589 F.2d 260 (7th Cir. 1978). The
United States
Attorney or Departmental attorney with responsibility for the case
retains full
responsibility, notwithstanding the participation of government
attorneys from
other agencies.
[updated October 2008]
[cited in
USAM 9-11.242] | |