C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 50—STATEMENTS OF POLICY

28 C.F.R. § 50.2

Release of information by personnel of the Department of Justice relating to criminal and civil proceedings

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(a) General. (1) The availability to news media of information in criminal and civil cases is a matter which has become increasingly a subject of concern in the administration of justice. The purpose of this statement is to formulate specific guidelines for the release of such information by personnel of the Department of Justice.

(2) While the release of information for the purpose of influencing a trial is, of course, always improper, there are valid reasons for making available to the public information about the administration of the law. The task of striking a fair balance between the protection of individuals accused of crime or involved in civil proceedings with the Government and public understandings of the problems of controlling crime and administering government depends largely on the exercise of sound judgment by those responsible for administering the law and by representatives of the press and other media.

(3) Inasmuch as the Department of Justice has generally fulfilled its responsibilities with awareness and understanding of the competing needs in this area, this statement, to a considerable extent, reflects and formalizes the standards to which representatives of the Department have adhered in the past. Nonetheless, it will be helpful in ensuring uniformity of practice to set forth the following guidelines for all personnel of the Department of Justice.

(4) Because of the difficulty and importance of the questions they raise, it is felt that some portions of the matters covered by this statement, such as the authorization to make available Federal conviction records and a description of items seized at the time of arrest, should be the subject of continuing review and consideration by the Department on the basis of experience and suggestions from those within and outside the Department.

(b) Guidelines to criminal actions. (1) These guidelines shall apply to the release of information to news media from the time a person is the subject of a criminal investigation until any proceeding resulting from such an investigation has been terminated by trial or otherwise.

(2) At no time shall personnel of the Department of Justice furnish any statement or information for the purpose of influencing the outcome of a defendant's trial, nor shall personnel of the Department furnish any statement or information, which could reasonably be expected to be disseminated by means of public communication, if such a statement or information may reasonably be expected to influence the outcome of a pending or future trial.

(3) Personnel of the Department of Justice, subject to specific limitations imposed by law or court rule or order, may make public the following information:

(i) The defendant's name, age, residence, employment, marital status, and similar background information.

(ii) The substance or text of the charge, such as a complaint, indictment, or information.

(iii) The identity of the investigating and/or arresting agency and the length or scope of an investigation.

(iv) 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.

Disclosures should include only incontrovertible, factual matters, and should not include subjective observations. In addition, where background information or information relating to the circumstances of an arrest or investigation would be highly prejudicial or where the release thereof would serve no law enforcement function, such information should not be made public.

(4) Personnel of the Department shall not disseminate any information concerning a defendant's prior criminal record.

(5) Because of the particular danger of prejudice resulting from statements in the period approaching and during trial, they ought strenuously to be avoided during that period. Any such statement or release shall be made only on the infrequent occasion when circumstances absolutely demand a disclosure of information and shall include only information which is clearly not prejudicial.

(6) The release of certain types of information generally tends to create dangers of prejudice without serving a significant law enforcement function. Therefore, personnel of the Department should refrain from making available the following:

(i) Observations about a defendant's character.

(ii) Statements, admissions, confessions, or alibis attributable to a defendant, or the refusal or failure of the accused to make a statement.

(iii) Reference to investigative procedures such as fingerprints, polygraph examinations, ballistic tests, or laboratory tests, or to the refusal by the defendant to submit to such tests or examinations.

(iv) Statements concerning the identity, testimony, or credibility of prospective witnesses.

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

(vi) Any opinion as to the accused's guilt, or the possibility of a plea of guilty to the offense charged, or the possibility of a plea to a lesser offense.

(7) Personnel of the Department of Justice should take no action to encourage or assist news media in photographing or televising a defendant or accused person being held or transported in Federal custody. Departmental representatives should not make available photographs of a defendant unless a law enforcement function is served thereby.

(8) This statement of policy is not intended to restrict the release of information concerning a defendant who is a fugitive from justice.

(9) Since the purpose of this statement is to set forth generally applicable guidelines, there will, of course, be situations in which it will limit the release of information which would not be prejudicial under the particular circumstances. If a representative of the Department believes that in the interest of the fair administration of justice and the law enforcement process information beyond these guidelines should be released, in a particular case, he shall request the permission of the Attorney General or the Deputy Attorney General to do so.

(c) Guidelines to civil actions. Personnel of the Department of Justice associated with a civil action shall not during its investigation or litigation make or participate in making an extrajudicial statement, other than a quotation from or reference to public records, which a reasonable person would expect to be disseminated by means of public communication if there is a reasonable likelihood that such dissemination will interfere with a fair trial and which relates to:

(1) Evidence regarding the occurrence or transaction involved.

(2) The character, credibility, or criminal records of a party, witness, or prospective witness.

(3) The performance or results of any examinations or tests or the refusal or failure of a party to submit to such.

(4) An opinion as to the merits of the claims or defenses of a party, except as required by law or administrative rule.

(5) Any other matter reasonably likely to interfere with a fair trial of the action.

[Order No. 469-71, 36 FR 21028, Nov. 3, 1971, as amended by Order No. 602-75, 40 FR 22119, May 20, 1975]
Notes of Decisions
Cited in 43 cases (2 in the last 5 years), 1966–2024 · leading case: Aversa v. United States, 99 F.3d 1200 (1st Cir. 1996).
Sort: Relevance Newest Treatment
Aversa v. United States, 99 F.3d 1200 (1st Cir. 1996). · cites it 7× “ing the essentials of the indictment” may be distributed, and, with permission of the United States Attorney, an Assistant United States Attorney “may answer legitimate questions about indictments or arrests, either in press conferences or in discussions with individual…”
United States v. Bowen, 969 F. Supp. 2d 546 (E.D. La. 2013). · cites it 14× “Laws Governing Conduct of Prosecutors The conduct of prosecutors and other personnel of the DOJ is governed in several respects, the most significant here being 28 C.F.R. § 50.2 . That provision of the *569 Code of Federal Regulations states, in pertinent part: § 50.”
United States v. Smith, 985 F. Supp. 2d 506 (S.D.N.Y. 2013). · cites it 4× “2009) (citing 28 C.F.R. § 50.2 ) (internal quotation marks omitted).”
Detroit Free Press Inc. v. United States Dep't of Just., 829 F.3d 478 (6th Cir. 2016). · cites it 4× “1-2(a); 28 C.F.R. § 50.2 (b)(7). A mixed bag of state privacy laws cannot extinguish FOIA personal-privacy protections.”
United States v. Bobbie Stanford, Louis Watson, Janice Davis, Estella Patterson, Doris Beverly, Dorothy Fife, Richard O'rourke, & Dorothy Jones, 589 F.2d 285 (7th Cir. 1978). · cites it 3× “This publicity, according to the defendants, violated Department of Justice Regulation 28 C.F.R. § 50.2 , 23 Local Criminal Rule No.”
Harris v. Holder, 885 F. Supp. 2d 390 (D.D.C. 2012). · cites it 6× “In addition, defendants also violated 28 C.F.R. § 50.2 , a regulation intended “to prevent political pressures from encouraging agents to publicly smear a presumptively innocent, uncharged person like [her].”
United States v. Kenneth Bowen, 799 F.3d 336 (5th Cir. 2015). · cites it 4× “20 The government acknowledges that besides his postings in this case, Perricone posted 18See 28 C.F.R. § 50.2 , e.g., § 50.2(b)(6)(i), (vi): “Observations about a defendant’s character” and “[a]ny opinion as to the accused’s guilt” will “generally tend[ ] to create dangers of…”
United States v. Nicholas Civella, United States of Am. v. Peter Tamburello, United States of Am. v. John Tortora, 648 F.2d 1167 (8th Cir. 1981). · cites it 4× “These releases of information are alleged to have been “orchestrated” with the intent to “create in the public mind a favorable image of the forces of prosecution and a highly prejudicial image of the Defendants under investigation.”
Joel Levine v. United States Dist. Court for the Cent. Dist. of California, United States of Am., Real Party in Interest, 764 F.2d 590 (9th Cir. 1985). · cites it 2× “With regard to statements by the prosecution, it would be appropriate for the district court to order the government to observe the self-imposed limitations set forth in 28 C.F.R. § 50.2 (b) (1984). With regard to statements by the defense, it would be appropriate to proscribe…”
United States v. William P. McNeill, 728 F.2d 5 (1st Cir. 1984). · cites it 2× “Defendant also cites Department of Justice regulations, 28 C.F.R. § 50.2 , that contain guidelines for release of information by Department of Justice employees (including United States Attorneys and their assistants).”
United States v. Narciso, 446 F. Supp. 252 (E.D. Mich. 1977). “1(6) (1968), and the Rules of the Department of Justice, 28 CFR §§ 50.2 (b)(2), 50.2(b)(5), 50.2(b)(6)(vi).”
United States v. Corbin, 620 F. Supp. 2d 400 (E.D.N.Y 2009). · cites it 3× “(January 6, 2009) (citing 28 C.F.R. 50.2). The regulation provides that “[disclosures should include only incontrovertible, factual matters, and should not include subjective observations.”
Show all 43 citing cases →
— 28 C.F.R. § 50.2(9) — 1 case
Aversa v. United States (1st Cir. 1996).
— 28 C.F.R. § 50.2(b) — 1 case
United States v. Zeiler, 278 F. Supp. 112 (W.D. Pa. 1968).
— 28 C.F.R. § 50.2(b)(3) — 1 case
United States v. Corbin, 620 F. Supp. 2d 400 (E.D.N.Y 2009). “(January 6, 2009) (citing 28 C.F.R. 50.2). The regulation provides that “[disclosures should include only incontrovertible, factual matters, and should not include subjective observations.”
— 28 C.F.R. § 50.2(b)(6)(iv) — 1 case
United States v. Corbin, 620 F. Supp. 2d 400 (E.D.N.Y 2009). “(January 6, 2009) (citing 28 C.F.R. 50.2). The regulation provides that “[disclosures should include only incontrovertible, factual matters, and should not include subjective observations.”
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