# Justice Manual § 9-90.010: National Security

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-90.010

## Section

- **Citation:** Justice Manual § 9-90.010
- **Heading:** National Security
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** DOJ Justice Manual / Title 9: Criminal / 9-90.000 - National Security / Justice Manual § 9-90.010

## Text

A
. Introduction and Scope.
Protecting our national security is the Department's top priority.  National security encompasses the national defense, foreign intelligence and counterintelligence, international and internal security, and foreign relations. This includes countering terrorism; combating espionage and economic espionage conducted  for the benefit of any foreign government, foreign instrumentality, or foreign agent; enforcing export controls and sanctions; and disrupting cyber threats that are perpetrated by nation states, terrorists, or their agents or proxies.
When national security issues arise during a criminal prosecution, they must be resolved through  careful coordination by the Department of Justice (Department) with high level officials from the intelligence, military and foreign affairs communities. In addition, the Attorney General, or the Attorney General's designee, has certain statutory authority and obligations related to national security prosecutions.That authority  and those obligations may be properly exercised and met only with appropriate coordination within the Department by the respective United States Attorneys' Offices (USAOs).
This chapter applies to national security matters other than counterterrorism matters; counterterrorism matters are covered principally by
JM 9-2.136
et seq.  In addition, this chapter does not apply when a matter's sole nexus to national security is foreign relations (e.g., international extradition; indictment of a high ranking foreign official for a non­ national security crime; and other treaty-related issues). Coordination of such matters will be handled by the Criminal Division, Office of International Affairs (OIA).
See
JM 9-2.400
for circumstances requiring  prior consultation  with or approval from OIA.
Prior approval, consultation and notification requirements related to national security can be found in
JM 9-90.020
, below.
B.
Authority to Conduct  Prosecutions Relating
to the National Security
). Coordination of such matters will be handled by the Criminal Division, Office of International Affairs (OIA).
See
JM 9-2.400
for circumstances requiring  prior consultation  with or approval from OIA.
Prior approval, consultation and notification requirements related to national security can be found in
JM 9-90.020
, below.
B.
Authority to Conduct  Prosecutions Relating
to the National Security.
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. § 0.72.

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.

[updated March 2016]

## Nearby sections

- [Justice Manual § 9-90.010 National Security](https://www.frixlaw.com/law-library/statutes/JM_S9-90.010.md)
- [Justice Manual § 9-90.020 National Security Matters—Prior Approval, Consultation, and Notification Requirements](https://www.frixlaw.com/law-library/statutes/JM_S9-90.020.md)
- [Justice Manual § 9-90.040 National Security Cyber Specialists in United States Attorneys' Offices](https://www.frixlaw.com/law-library/statutes/JM_S9-90.040.md)
- [Justice Manual § 9-90.050 National/International Security Coordinators in United States Attorneys' Offices](https://www.frixlaw.com/law-library/statutes/JM_S9-90.050.md)
- [Justice Manual § 9-90.100 General Policies Concerning Prosecutions For Crimes Directed at National Security and for Other Crimes in which National Security Issues May Arise](https://www.frixlaw.com/law-library/statutes/JM_S9-90.100.md)
- [Justice Manual § 9-90.200 Policies and Procedures for Criminal Cases That Involve Classified Information](https://www.frixlaw.com/law-library/statutes/JM_S9-90.200.md)
- [Justice Manual § 9-90.210 Contacts with the Intelligence Community Regarding Criminal Investigations or Prosecutions](https://www.frixlaw.com/law-library/statutes/JM_S9-90.210.md)
- [Justice Manual § 9-90.230 Disclosure Of Classified Information to the Grand Jury](https://www.frixlaw.com/law-library/statutes/JM_S9-90.230.md)
- [Justice Manual § 9-90.240 Classified Information Procedures Act (CIPA)](https://www.frixlaw.com/law-library/statutes/JM_S9-90.240.md)
- [Justice Manual § 9-90.300 Policies for the Prosecution of Espionage, Export and Other Internal Security Offenses](https://www.frixlaw.com/law-library/statutes/JM_S9-90.300.md)
- [Justice Manual § 9-90.400 Atomic Energy Act](https://www.frixlaw.com/law-library/statutes/JM_S9-90.400.md)
- [Justice Manual § 9-90.440 Other Prohibited Transactions Involving Nuclear Materials—18 U.S.C. § 831](https://www.frixlaw.com/law-library/statutes/JM_S9-90.440.md)
- [Justice Manual § 9-90.500 Internal Security](https://www.frixlaw.com/law-library/statutes/JM_S9-90.500.md)
- [Justice Manual § 9-90.550 Contempt of Congress—2 U.S.C. § 192](https://www.frixlaw.com/law-library/statutes/JM_S9-90.550.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/JM_S9-90.010. Check the current official text before relying on it. Not legal advice.