Investigations Involving Members of Congress

Consultation with the Public Integrity Section (“PIN”) is required in all investigations involving a Member of Congress or congressional staff member (“Congressional Staffer”).

[1]

As set forth in the table below, such consultation shall occur, and where required, approval shall be obtained, prior to opening any investigation or taking particular investigative steps involving a Member of Congress or Congressional Staffer, including, but not limited to:

interviewing or subpoenaing a Member of Congress or Congressional Staffer (unless the Member of Congress or Congressional Staffer is being interviewed as a victim);

obtaining a subpoena, 2703(d) order, search warrant, or other legal process for records, information, or property belonging to a Member of Congress, Congressional Office, or Congressional Staffer; or

engaging in consensual monitoring of oral communications of a Member of Congress or Congressional Staffer.  Consensual monitoring in an investigation involving allegations of misconduct by a Member of Congress also requires approval by a Deputy Assistant Attorney General.

See

JM 9-7.302

.

PIN may also recommend partnership with United States Attorney’s Offices or other prosecuting components on particular matters that implicate PIN’s areas of expertise.

As set forth in the table below, certain charging decisions and resolutions of criminal charges in such investigations require PIN approval.  For example, any criminal charge, resolution of a criminal charge, or declination in a matter in which a Member of Congress is an investigative subject or target requires prior approval by PIN. (Note that plea agreements involving defendants who are candidates for Congress also require prior approval by PIN.

See

JM 9-16.110

.)  Where consultation or approval is required, no investigative action shall be taken until such consultation has been completed or such approval has been obtained.

er in which a Member of Congress is an investigative subject or target requires prior approval by PIN. (Note that plea agreements involving defendants who are candidates for Congress also require prior approval by PIN.

See

JM 9-16.110

.)  Where consultation or approval is required, no investigative action shall be taken until such consultation has been completed or such approval has been obtained.

U.S. Attorney’s Offices should also apply elevated internal review and approval requirements for all investigative steps identified below, with U.S. Attorney approval required where PIN approval is required.

The requirements in this section are in addition, and not an alternative, to other consultation and approval requirements in the Justice Manual. Further, prior to taking an investigative step governed by one of the requirements set forth in this section, the United States Attorney’s Office or other prosecuting component must file an Urgent Report.

See

JM 1-13.130

.  The Urgent Report should indicate whether PIN concurred with, or approved of, the planned investigative step.

Investigative Step/Prosecutorial Decision

Consultation or Approval Requirement

[2]

Case Opening, Where a Subject or Target is a Member of Congress, or Congressional Staffer When Related to the Staffer’s Duties

Consultation with PIN

Issuance of Subpoena to a Congressional Office, Member of Congress, or Congressional Staffer

Consultation with PIN

Issuance of Subpoena to Third Party for Records Belonging to a Congressional Office, Member of Congress, or Congressional Staffer When Related to the Staffer’s Duties

Approval by PIN

Issuance of Subpoena to Third Party for Records Belonging to Congressional Staffer When Unrelated to the Staffer’s Duties

Consultation with PIN

Applications, Pursuant to 18 U.S.C. §§ 2703(d) or 2705(b),

[3]

for Records Belonging to a Congressional Office Member of Congress, or Congressional Staffer When Related to the Staffer’s Duties

Approval by PIN

Applications, Pursuant to 18 U.S.C

roval by PIN

Issuance of Subpoena to Third Party for Records Belonging to Congressional Staffer When Unrelated to the Staffer’s Duties

Consultation with PIN

Applications, Pursuant to 18 U.S.C. §§ 2703(d) or 2705(b),

[3]

for Records Belonging to a Congressional Office Member of Congress, or Congressional Staffer When Related to the Staffer’s Duties

Approval by PIN

Applications, Pursuant to 18 U.S.C. §§ 2703(d) or 2705(b), for Records Belonging to Congressional Staffer When Unrelated to the Staffer’s Duties

Consultation with PIN

Application for Pen Register or Trap & Trace Surveillance of Devices or Accounts Belonging to a Congressional Office Member of Congress, or Congressional Staffer When Related to the Staffer’s Duties

Approval by PIN

Application for Pen Register or Trap & Trace Surveillance of Devices or Accounts Belonging to a Congressional Staffer When Unrelated to the Staffer’s Duties

Consultation with PIN

Interview of Member of Congress or Congressional Staffer, Except When Member of Congress or Congressional Staffer Is a Victim

Consultation with PIN

Government-Directed Contact, by a Source or Government Cooperator, with Member of Congress or Congressional Staffer

Approval by PIN

Application for Warrant for Records, Information, or Property Belonging to a Congressional Office, Member of Congress, or Congressional Staffer, or for a Location or Device in Which Legislative Materials Are Likely To Be Found

[4]

Approval by PIN

Application for Title III Electronic Surveillance if Member of Congress’s or Congressional Staffer’s Communications May Be Intercepted

Approval by PIN

[5]

Consensual Electronic Monitoring of Oral Communications of Member of Congress or Congressional Staffer

Approval by PIN

Charging (Whether by Criminal Complaint, Information, or Indictment) in Matter in Which a Member of Congress Is a Subject or Target for Conduct Related to Public Office or Campaign Activities

Approval by PIN

Charging (Whether by Criminal Complaint, Information, or Indictment) in Matter in Which a Member of Congress Is

l Communications of Member of Congress or Congressional Staffer

Approval by PIN

Charging (Whether by Criminal Complaint, Information, or Indictment) in Matter in Which a Member of Congress Is a Subject or Target for Conduct Related to Public Office or Campaign Activities

Approval by PIN

Charging (Whether by Criminal Complaint, Information, or Indictment) in Matter in Which a Member of Congress Is a Subject or Target for Conduct Unrelated to Public Office or Campaign Activities

Consultation with PIN

Resolution of Criminal Charges (Guilty Plea, DPA, NPA, or Declination) in Matter in Which a Member of Congress Is a Subject or Target

Approval by PIN

Resolution of Criminal Charges Against a Congressional Staffer (Guilty Plea, DPA, NPA, or Declination) in Matter in Which a Member of Congress Is Not a Subject or Target

Consultation with PIN

[1]

In investigations in which Members of Congress or their offices or staff are crime victims—such as in a threats case, or when money or property is stolen from a Congressional office—prosecutors are generally encouraged but not required to consult with PIN.  However, if investigative or prosecutorial steps that are otherwise addressed in this section become necessary in such a case, then the PIN consultation and approval requirements set forth in the chart below would apply. For example, if the investigation into a crime committed against a Member of Congress were to require a subpoena for records belonging to a Congressional office, then PIN consultation would be required.

[2]

PIN must notify the Criminal Division’s Assistant Attorney General of consultations and approvals undertaken.

[3]

If a § 2705(b) order would delay notice to a Member of Congress, Congressional Office, or a Congressional Staffer, as defined in

JM 9-85.110

, the prosecutor must disclose such information in the application to the Court.

JM 9-13.700(2)

ce, then PIN consultation would be required.

[2]

PIN must notify the Criminal Division’s Assistant Attorney General of consultations and approvals undertaken.

[3]

If a § 2705(b) order would delay notice to a Member of Congress, Congressional Office, or a Congressional Staffer, as defined in

JM 9-85.110

, the prosecutor must disclose such information in the application to the Court.

JM 9-13.700(2)

.

[4]

This approval requirement also applies to warrants for GPS or other location data and tracking devices for vehicles or other property, devices, or accounts belonging to a Member of Congress, Congressional Staffer, Congressional Office, or in which legislative materials are likely to be found.

[5]

Additional approvals from the Office of Enforcement Operations, a Criminal Division Deputy Assistant Attorney General, and/or an Assistant Attorney General are required for TIIIs, as well as consensual monitoring in certain circumstances.

See

JM 9-7.000

et seq.

[updated September 2024]