Federal Prosecutor's Discovery Procedural Memo

AUSA, DOJ, United States Attorney, Memo

United States Attorney Memo

Tampa Federal Criminal Defense Attorney Casey Ebsary has obtained a copy of a recent memo to  United States Department of Justice / Assistant United States Attorneys on Procedures they are to follow in prosecuting federal crimes in Federal Court, including the Middle District of Florida.


 The discovery obligations of federal prosecutors are generally established by Federal Rules of Criminal Procedure 16 and 26.2, 18 U.S.C. §3500 (the Jencks Act), Brady v. Maryland, 373 U.S. 83 (1963), and Giglio v. United States, 405 U.S. 150 (1972). In addition, the United States Attorney’s Manual describes the Department’s policy for disclosure of exculpatory and impeachment information. See USAM §9- 5.001. In order to meet discovery obligations in a given case, Federal prosecutors must be familiar with these authorities and with the judicial interpretations and local rules that discuss or address the application of these authorities to particular facts. In addition, it is important for prosecutors to consider thoroughly how to meet their discovery obligations in each case. Toward that end, the Department has adopted the guidance for prosecutors regarding criminal discovery set forth below. The guidance is intended to establish a methodical approach to consideration of discovery obligations that prosecutors should follow in every case to avoid lapses that can result in consequences adverse to the Department’s pursuit of justice. The guidance is subject to legal precedent, court orders, and local rules. It provides prospective guidance only and is not intended to have the force of law or to create or confer any rights, privileges, or benefits. See United States v. Caceres, 440 U.S. 741 (1979).

Source: The complete Memorandum can be found at https://www.justice.gov/dag/discovery-guidance.html

Federal Prosecutor’s Discovery Procedural Memo | Tampa Federal Criminal Defense Attorney