# Justice Manual § 9-23.400: Authorization to Prosecute after Compulsion

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-23.400

## Section

- **Citation:** Justice Manual § 9-23.400
- **Heading:** Authorization to Prosecute after Compulsion
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-23.000 - Witness Immunity / Justice Manual § 9-23.400

## Text

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).

## Nearby sections

- [Justice Manual § 9-23.100 Witness Immunity—Generally](https://www.frixlaw.com/law-library/statutes/JM_S9-23.100.md)
- [Justice Manual § 9-23.110 Statutory Authority to Compel Testimony](https://www.frixlaw.com/law-library/statutes/JM_S9-23.110.md)
- [Justice Manual § 9-23.130 Approval by Assistant Attorney General to Compel Testimony](https://www.frixlaw.com/law-library/statutes/JM_S9-23.130.md)
- [Justice Manual § 9-23.140 Authority to Initiate Immunity Requests](https://www.frixlaw.com/law-library/statutes/JM_S9-23.140.md)
- [Justice Manual § 9-23.210 Decision to Request Immunity—The Public Interest](https://www.frixlaw.com/law-library/statutes/JM_S9-23.210.md)
- [Justice Manual § 9-23.211 Decision to Request Immunity—Close-Family Exception](https://www.frixlaw.com/law-library/statutes/JM_S9-23.211.md)
- [Justice Manual § 9-23.212 Decision to Request Immunity—Conviction Prior to Compulsion](https://www.frixlaw.com/law-library/statutes/JM_S9-23.212.md)
- [Justice Manual § 9-23.214 Granting Immunity to Compel Testimony on Behalf of a Defendant](https://www.frixlaw.com/law-library/statutes/JM_S9-23.214.md)
- [Justice Manual § 9-23.250 Immunity for the Act of Producing Records](https://www.frixlaw.com/law-library/statutes/JM_S9-23.250.md)
- [Justice Manual § 9-23.400 Authorization to Prosecute after Compulsion](https://www.frixlaw.com/law-library/statutes/JM_S9-23.400.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-23.400. Check the current official text before relying on it. Not legal advice.