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SENSITIVE Mani-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 CR 1 ei Da $n perrrer **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: 8-4.3 Federal Regulations Governing Disclosure (1) Attorney General Order No. 919-80, which effective December 4, 1980, and revises 28 C.F.R. 16.21 e forth procedures to be followed in response to a demand f of an informant's identity. The regulations apply to cri civil proceedings in either state or Federal court, and a to cases in which the United States is not a party to the as well as those in which the United States is a party. (2) In the event of a demand for information result in revealing the identity of an informant, Agents guided by the regulations set forth in the Order. Refer II, Section 6-1 et seq. However, pursuant to 28 C.F.R. 1 disclosure of information which would identify an informa: will not be made by any Department official. (3) If a response to a demand for disclosure before instructions from the Department of Justice are re trial attorney is to furnish the court a copy of Attorney Order 919-80 and request a stay of the demand pending rec requested instructions. If the court refuses to stay the rules that the demand must be complied with irrespective departmental instructions, the Agent or employee upon who has been made shall, if directed by the responsible Depar official, respectfully decline to comply with the demand. **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: 8-4.4 When the Informant Testifies (1) Occasionally, either because of the impo case or the lack of other proof, the Government may choos informant as a trial witness. If it does, a defendant's cross~examination requires that the informant-witness tes his/her true name and address. There is an exception to however. If the prosecution can show that physical harm t informant or his/her family might result if the informant and address are divulged, the trial judge has authority t informant to testify without divulging identifying dats. (2) Mere conjecture that physical harm might the informant identified himself/herself on the witness s sufficient to invoke this exception. <A factual basis for must be offered. This usually takes the form of previous received by the informant or other individuals associated defendant. Agents should record, either in the informant SENSITIVE Printed: 08/20/2003 06:43:34 f SecCls: became t seq., sets r disclosure inal and re pertinent litigation which would hould be to MIOG, Part -26(b), t ordinarily 18 required ceived, the General bipt of the demand or £ the demand tment SecCls: france of a to use an right to tify using hiss the 's true name p permit the result if tand is not the concern threats with the 's file or