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US · guidance

Justice Manual § 9-23.400

Authorization to Prosecute after Compulsion

activein force · 2026-09-20 – presentas-observed

After a person has testified or provided information pursuant to a compulsion order—except in the case of act-of-production immunity—an attorney for the government shall not initiate or recommend prosecution of the person for an offense or offenses first disclosed in, or closely related to, such testimony or information without the express written authorization of the Attorney General. Such requests for authorization should be sent to the Assistant Attorney General for the division that issued the letter of authority for requesting the original compulsion order.

The request to prosecute should indicate the circumstances justifying prosecution and the method by which the government will be able to establish that the evidence it will use against the witness will meet the government's burden under Kastigar v. United States, 406 U.S. 441 (1972).

Provenance

Source
justice.gov
Retrieved
2026-09-20
Edition
jm-2026-09-20
Content hash
cdb50f2f09e37b6869eab36f689d5662e591e7a7fda48b8caa2e0ff86ec26272
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