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Ss Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 8-4.3 Federal Regulations Governing Disclosure (1) Attorney General Order No. 919-80, which became effective December 4, 1980, and revises 28 C.F.R. 16.21 et seq., sets forth procedures to be followed in response to a demand for disclosure of an informant's identity. The regulations apply to criminal and civil proceedings in either state or Federal court, and are pertinent to cases in which the United States is not a party to the litigation as well as those in which the United States is a party. (2) In the event of a demand for information which would result in revealing the identity of an informant, Agents should be guided by the regulations set forth in the Order. Refer to MIOG, Part II, Section 6-1 et seq. However, pursuant to 28 C.F.R. 16.26(b), disclosure of information which would identify an informant ordinarily will not be made by any Department official. (3) I£ a response to a demand for disclosure is required before instructions from the Department of Justice are received, the trial attorney is to furnish the court a copy of Attorney General Order 919-80 and request a stay of the demand pending receipt of the requested instructions. If the court refuses to stay the demand or rules that the demand must be complied with irrespective of departmental instructions, the Agent or employee upon whom the demand has been made shall, if directed by the responsible Department official, respectfully decline to comply with the demand. **EFEDte: 05/01/1985 MCRT#: 0 Div: D9 Cav: SecCls: 8-4.4 When the Informant Testifies (1) Occasionally, either because of the importance of a case or the lack of other proof, the Government may choose to use an informant as a trial witness. If it does, a defendant's right to cross~examination requires that the informant-witness testify using his/her true name and address. There is an exception to this, however. If the prosecution can show that physical harm to the informant or his/her family might result if the informant's true name and address are divulged, the trial judge has authority to permit the informant to testify without divulging identifying data. (2) Mere conjecture that physical harm might result if the informant identified himself/herself on the witness stand is not sufficient to invoke this exception. A factual basis for the concern must be offered. This usually takes the form of previous threats received by the informant or other individuals associated with the defendant. Agents should record, SENS in - informant's file or Printed: 05/05/2004 13:08:54 Page 10