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Legal Handbook for FBI Special Agents — Part 1
Page 127
127 / 138
| aaa a Le
SENSITIVE
Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1
the United States. See 28 C.F.R. 50.15(c). However, rep
generally is not available in federal criminal proceeding
(2) In order to request legal representation
jad iki Ob 1:
resentation
a.
, the
employee must submit a written request for DOJ representation,
together with all process and pleadings served upon him/her, to
his/her CDC. The CDC will forward this material to FBIHQ Office of
the General Counsel, who will submit a statement of findi
the employee's scope of employment, and a recommendation
representation, to DOJ. DOJ will then determine whether
legal representation to the employee.
(3) In the case of a "critical incident," i.
shooting or use of force resulting in death or serious bo
an employee may request emergency legal representation.
representation, if approved by DOJ, is provided by privat
gs regarding
regarding
to afford
oy @
ily injury,
uch
counsel at
government expense in the immediate aftermath of line-of-duty critical
incidents. Private counsel will provide personal capacit
representation only on a temporary basis while DOJ proces
for representation in accordance with the above procedure
time of the critical incident, if the employee involved r
attorney, the CDC will immediately contact FBIHQ which wi
call DOJ. The provision of emergency legal representatio
a determination of scope of employment, as presented by t
available at the time of the critical incident. Emergenc
representation by private counsel will be provided for on
unless otherwise authorized by DOJ. Thereafter, responsi
defending the legal interests of the employee will normal
transferred to the United States Attorney's Office, or in
representation is not authorized, the employee will be re
his/her own legal defense. |
*kEEEDtE: 07/26/1999 MCRT#: 915 Div: DI Cav:
9-6 | DISCLOSURE OF OFFICIAL FBI INFORMATION
(See MIOG, Part 2, 6-1.1 and 6-1.2.)
es a request
At the
quests an
1 in turn
is based on
e facts
week,
ility for
y be
the event
ponsible for
SecCls:
(1) Federal statutes and regulations place restrictions
on the disclosure of information by FBI employees in stat
judicial proceedings. See e.g., 28 C.F.R. 16.21 et seq.
disclosing any information from FBI files or information
Before
cquired as a
and federal
part of the performance of an Agent's official duties, the Agent
should obtain approval from the Assistant U.S. Attorney, pr other DOJ
attorney, in charge of the case or matter. Agents should
also consult
with their CDC or the Office of the General Counsel, Civil Litigation
Unit, if they are asked to provide information in connect
civil proceeding.
ion with any
(2) Agents who are contacted by counsel for private
parties in civil litigation matters should decline to pro
information regarding the matter and instead should refer
SENSITIVE
Printed: 08/20/2003 06:43:34
ide any
inguiries to
Page 5
i HR he ti
i
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