1-7.210 General Responsibility

1-7.220 Designation of Media Representative

1-7.310 Department of Justice Components

1-7.320 United States Attorneys

1-7.330 Procedures to Coordinate with OPA

1. International/National/Major Regional News. As far in advance as possible, OPA should be informed about any issue that might attract international, national, or major regional media interest. However, the OPA should be alerted not to comment or disseminate any information to the media concerning such issues without first consulting with the United States Attorney.

2. News Conferences. Prior coordination with OPA is required of news conferences of national significance.

3. Requests from National Media Representatives (TV, Radio, Wire Service, Magazines, Newspapers). OPA should be informed immediately of all requests from national media organizations, including the television and radio programs (such as the nightly news, Good Morning America, Meet the Press and Sixty Minutes), national wire services, national news magazines and papers (such as the New York Times, U.S.A. Today, and the Wall Street Journal) regarding in-depth stories and matters affecting the Department of Justice, or matters of national significance.

4. Media Coverage Affecting DOJ. When available, press clippings and radio/television tapes involving matters of significance should be forwarded to OPA.

5. Comments on Specific Issues (i.e., New Policies, Legislative Proposals, Budget). OPC should be consulted for guidance prior to commenting on new policies and initiatives, legislative proposals or budgetary issues of the Department. This should not be interpreted to preclude recitation of existing well-established Departmental policies or approved budgets.

1-7.400 Coordination With United States Attorneys -- Issuance of Press Releases

1-7.500 Release of Information in Criminal and Civil Matters -- Non-Disclosure

1-7.520 Release of Information in Criminal and Civil Matters -- Disclosable Information

The defendant's name, age, residence, employment, marital status, and similar background information;
1. The substance of the charge, limited to that contained in the complaint, indictment, information, or other public documents;

2. The identity of the investigating and/or arresting agency and the length and scope of an investigation;

3. The circumstances immediately surrounding an arrest, including the time and place of arrest, resistance, pursuit, possession and use of weapons, and a description of physical items seized at the time of arrest. Any such disclosures shall not include subjective observations; and

4. In the interest of furthering law enforcement goals, the public policy significance of a case may be discussed by the appropriate United States Attorney or Assistant Attorney General.

1-7.530 Disclosure of Information Concerning Ongoing Investigations

1. Except as provided inn subparagraph B. of this section, components and personnel of the Department of Justice shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress, including such things as the issuance or seving of a subpoena, prior to the public filing of the document.

2. In matters that have already received substantial publicity, or about which the community needs to be reassured that the appropriate law enforcement agency is investigating the incident, or where release of information is necessary to protect the public interest, safety, or welfare, comments about or confirmation of an ongoing investigation may need to be made. In these unusual circumstances, the involved investigative agency will consult and obtain approval from the United States Attorney or Department Division handling the matter prior to disseminating any information to the media.

1-7.540 Disclosure of Information Concerning Person's Prior Criminal Record

1-7.550 Concerns of Prejudice

1. Observations about a defendant's character;

2. Statements, admissions, confessions, or alibis attributable to a defendant, or the refusal or failure of the accused to make a statement;

3. Reference to investigative procedures, such as fingerprints, polygraph examinations, ballistic tests, or forensic services, including DNA testing, or to the refusal by the defendant to submit to such tests or examinations;

4. Statements concerning the identity, testimony, or credibility of prospective witnesses;

5. Statements concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial;

6. Any opinion as to the defendant's guilt, or the possibility of a plea of guilty to the offense charged, or the possibility of a plea of a lesser offense.

1-7.600 Assisting the News Media

1. Other than by reason of a Court order, Department personnel shall not prevent the lawful efforts of the news media to photograph, tape, record or televise a sealed crime scene from outside the sealed perimeter.

2. In order to promote the aims of law enforcement, including the deterrence of criminal conduct and the enhancement of public confidence, Department personnel with the prior approval of the appropriate United States Attorney may assist the news media in photographing, taping, recording or televising a law enforcement activity. The United States Attorney shall consider whether such assistance would:
   1. Unreasonably endanger any individual;

   2. Prejudice the rights of any party or other person; and

   3. Is not otherwise proscribed by law.

3. A news release should contain a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty.

4. In cases in which a search warrant or arrest warrant is to be executed, no advance information will be provided to the news media about actions to be taken by law enforcement personnel, nor shall media representatives be solicited or invited to be present. This prohibition will also apply to operations in preparation for the execution of warrants, and to any multi-agency action in which Department personnel participate.

5. Justice Department employees who obtain what may be evidence in any criminal or civil case or who make or obtain any photographic, sound or similar image thereof, in connection with a search or arrest warrant, may not disclose such material to the news media without the prior specific approval of the United States Attorney or Assistant Attorney General, who shall consider applicable regulations and policy, or upon a court order directing such production.

1-7.700 Freedom of Information Act (FOIA)