32 C.F.R. § 97.7

Procedures—authorities

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(a) In response to a litigation request or demand, and after any required coordination with the Department of Justice, the chief legal advisors (see § 97.3) are authorized to:

(1) Determine whether their respective DoD Components may release official information originated by or in the custody of such components.

(2) Determine whether personnel assigned to, detailed to, or affiliated with their respective DoD Components may be contacted, interviewed, or used as witnesses concerning official information or, in exceptional circumstances, as expert witnesses.

(3) Impose conditions or limitations on disclosures approved pursuant to this paragraph (a) (e.g., approve the release of official information only to a Federal judge for in camera review).

(4) Assert claims of privilege or protection before any court or adjudicative body.

(b) The GC DoD may assume primary responsibility for responding to any litigation request or demand.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2023–2023 · leading case: Monterey Bay Military Hous., LLC v. Ambac Assurance Corp. (S.D.N.Y. 2023).

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Monterey Bay Military Hous., LLC v. Ambac Assurance Corp. (S.D.N.Y. 2023). “8” 32 C.F.R. § 97.9 (a). Those factors include whether the request: (a) “is overbroad, unduly burdensome, or otherwise inappropriate”; (b) is “improper” by seeking “information [that] is irrelevant, cumulative, or disproportional to the needs of the case”; (c) seeks privileged…”

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