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

(2) While the release of information for the purpose of influencing a trialis, of course, always improper, there are valid reasons for making available tothe public information about the administration of the law. The task of strikinga fair balance between the protection of individuals accused of crime orinvolved in civil proceedings with the Government and public understandings ofthe problems of controlling crime and administering government depends largelyon the exercise of sound judgment by those responsible for administering the lawand by representatives of the press and other media.

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

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

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

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

(3) Personnel of the Department of Justice, subject to specific limitationsimposed by law or court rule or order, may make public the followinginformation:

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

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

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

(iv) The circumstances immediately surrounding an arrest, including the timeand place of arrest, resistance, pursuit, possession and use of weapons, and adescription of physical items seized at the time of arrest.

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

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

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

(i) Observations about a defendant's character.

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

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

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

(v) Statements concerning evidence or argument in the case, whether or not itis 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 ofguilty 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 encourageor assist news media in photographing or televising a defendant or accusedperson being held or transported in Federal custody. Departmentalrepresentatives should not make available photographs of a defendant unless alaw enforcement function is served thereby.

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

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

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

(1) Evidence regarding the occurrence or transaction involved.

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

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

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

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