9-90.010 - National Security
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The enforcement of all criminal laws affecting, involving or relating to the national security, and the responsibility for prosecuting criminal offenses, such as conspiracy, perjury and false statements, arising out of offenses related to national security, is assigned to the Assistant Attorney General (AAG) of the National Security Division. Where a matter affects the national security, regardless of the specific statute(s) implicated, prosecutions shall be instituted and conducted under the supervision of the Assistant Attorney General, National Security Division, or higher authority. 28 C.F.R. ยง 0.72.
Prosecution of a case involving a national security statute set forth in 9-90.020(A)(1) shall not be instituted without the express approval of the National Security Division or higher authority. In addition, in such cases, CES shall be consulted before:
an arrest is made,
a search warrant is obtained,
a grand jury investigation is commenced,
immunity is offered,
an indictment is presented,
an information is filed,
a civil injunctive action is filed,
a prosecution is declined,
a count is dismissed,
a plea agreement is filed,
a sentencing commitment or other disposition is made,
or an adverse ruling or decision is appealed.
Consultation with CES is also required in all cases in which classified information plays a role in the prosecutive decision, and all cases that require the protections afforded by the Classified Information Procedures Act, 18 U.S.C. app. 3, i.e., cases in which classified information may be disclosed during the pretrial, trial or appellate stage of the litigation.
https://www.justice.gov/jm/jm-9-90000-national-security
The Counterintelligence and Export Control Section (CES) of the National Security Division, under the supervision of the AAG or a higher authority, conducts, handles, and supervises prosecutions within the scope of this chapter.