# Justice Manual § 9-90.730: Disclosure of Foreign Influence Operations

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/JM_S9-90.730

## Section

- **Citation:** Justice Manual § 9-90.730
- **Heading:** Disclosure of Foreign Influence Operations
- **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 § 9-90.730

## Text

Foreign influence operations include covert actions by foreign governments intended to sow divisions in our society, undermine confidence in our democratic institutions, and otherwise affect political sentiment and public discourse to achieve strategic geopolitical objectives. Such operations are often empowered by modern technology that facilitates malicious cyber activity and covert or anonymous communications with U.S. audiences on a mass scale from abroad.

Our Nation’s democratic processes and institutions are strong and must remain resilient in the face of this threat. It is the policy of the Department of Justice to investigate, disrupt, and prosecute the perpetrators of illegal foreign influence activities where feasible. It is also the Department’s policy to alert the victims and unwitting targets of foreign influence activities, when appropriate and consistent with the Department’s policies and practices, and with our national security interests.

It may not be possible or prudent to disclose foreign influence operations in certain contexts because of investigative or operational considerations, or other constraints. In some circumstances, however, public exposure and attribution of foreign influence operations can be an important means of countering the threat and rendering those operations less effective.

Information the Department of Justice collects concerning foreign influence operations may be disclosed as follows:
in contexts because of investigative or operational considerations, or other constraints. In some circumstances, however, public exposure and attribution of foreign influence operations can be an important means of countering the threat and rendering those operations less effective.

Information the Department of Justice collects concerning foreign influence operations may be disclosed as follows:

To support arrests and charges for federal crimes arising out of foreign influence operations, such as hacking or malicious cyber activity, identity theft, and fraud.
To alert victims of federal crimes arising out of foreign influence operations, consistent with Department guidelines on victim notification and assistance.
See
Attorney General Guidelines for Victim and Witness Assistance
;
see also
34 U.S.C. § 20141 (Victims’ Rights and Restitution Act); 18 U.S.C. § 3771 (Crime Victims’ Rights Act).
To alert unwitting recipients of foreign government-sponsored covert support, as necessary to assist in countering the threat.
To alert technology companies or other private sector entities to foreign influence operations where their services are used to disseminate covert foreign government propaganda or disinformation, or to provide other covert support to political organizations or groups.
To alert relevant Congressional committees to significant intelligence activities, consistent with statutory reporting requirements and Executive Branch policies.
To alert the public or other affected individuals, where the federal or national interests in doing so outweigh any countervailing considerations. For example, there may be an important federal or national interest in publicly disclosing a foreign influence operation that threatens to undermine confidence in the government or public institutions; risks inciting violence or other illegal actions; or may cause substantial harm, alarm, or confusion if left unaddressed
or national interests in doing so outweigh any countervailing considerations. For example, there may be an important federal or national interest in publicly disclosing a foreign influence operation that threatens to undermine confidence in the government or public institutions; risks inciting violence or other illegal actions; or may cause substantial harm, alarm, or confusion if left unaddressed. On the other hand, in some cases, public disclosure of a foreign influence operation may be counterproductive because it may amplify or otherwise exacerbate the foreign government’s messaging, or may re-victimize the victim.

In performing these functions, the Department will be mindful of the following principles and policies:

Partisan political considerations must play no role in efforts to alert victims, other affected individuals, or the American public to foreign influence operations against the United States. Such efforts must not be for the purpose of conferring any advantage or disadvantage on any political or social group or any individual or organization.
In considering whether and how to disclose foreign influence operations, or the details thereof, the Department will seek to protect intelligence sources and methods, investigations, and other U.S. government operations.
Foreign influence operations will be publicly identified as such only when the Department can attribute those activities to a foreign government with high confidence. Disinformation or other support or influence by unknown or domestic sources not acting on behalf of a foreign government is beyond the scope of this policy.
Where a criminal or national security investigation during an election cycle is at issue, the Department must also be careful to adhere to longstanding policies regarding the timing of charges or taking overt investigative steps.
See,
e.g., U.S. Dept. of Justice, Federal Prosecution of Election Offenses 8-9, 84–85 (8th ed. 2017).
n behalf of a foreign government is beyond the scope of this policy.
Where a criminal or national security investigation during an election cycle is at issue, the Department must also be careful to adhere to longstanding policies regarding the timing of charges or taking overt investigative steps.
See,
e.g., U.S. Dept. of Justice, Federal Prosecution of Election Offenses 8-9, 84–85 (8th ed. 2017).

The Department (including the FBI) will not necessarily be the appropriate entity to disclose information publicly concerning a foreign influence operation. Where a Department component is considering whether to alert the general public to a specific foreign influence operation, consultation with the National Security Division is required. Nothing in this policy is intended to impair information sharing undertaken by Department components for investigative or intelligence purposes.

[updated November 2022]

## 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_S9-90.730. Check the current official text before relying on it. Not legal advice.
