Restraint in Exercise of Federal Jurisdiction

The Criminal Division interprets 18 U.S.C. § 848 as a statement of congressional intent that the Federal government— absent a specific Federal interest—will not become involved in bombing matters that can be adequately investigated and prosecuted by local authorities. This interpretation of congressional intent is confirmed by the congressional hearings which led to passage of the Federal explosives statute, wherein Administration witnesses testified that Federal jurisdiction would be exercised only upon a determination by the Attorney General or his/her designee that a Federal prosecution is in the public interest. The members of the congressional committees were explicitly assured that the Department of Justice would not displace the efforts of State and local officials in bombing matters. Accordingly, Federal prosecutors should coordinate with state/local law enforcement authorities before commencing a Federal prosecution.