Justice Manual § 9-10.050

Except as otherwise provided at J.M. § 9-10.070, the Attorney General will make the final decision whether to seek the death penalty. The Attorney General will convey the decision to the United States Attorney or Assistant Attorney General in a letter directing him or her to seek or not to seek the death penalty. The Chief of the CCS will convey decisions made under J.M. § 9-10.070 by email.

The decision-making process is confidential. Information concerning the deliberative process may only be disclosed within the Department and its investigative agencies as necessary to assist the review of the case at issue. The scope of confidentiality includes, but is not limited to: (1) the opinions or recommendations of the United States Attorney or Assistant Attorney General, the Capital Review Committee (hereinafter the "Committee"), the Deputy Attorney General, the CCS, and any other individual or office involved in reviewing the case; (2) a request by a United States Attorney or Assistant Attorney General that the Attorney General authorize withdrawal of a previously filed notice of intent to seek the death penalty; (3) a request by a United States Attorney or Assistant Attorney General that the Attorney General authorize not seeking the death penalty pursuant to the terms of a proposed plea agreement; and (4) the views held by anyone at any level of review within the Department. The confidentiality requirement does not extend to the disclosure of scheduling matters, the fact that a case has been submitted for expedited decision pursuant to J.M. § 9-10.070 or the level at which review is pending within the Department.

Information subject to confidentiality under this Section may not be disclosed outside the Department and its investigative agencies without prior approval of the Attorney General. The United States Attorneys or Assistant Attorneys General may, however, exercise discretion to place additional limits on the scope of confidentiality in capital cases prosecuted by their offices.