engrained in the hearts and minds of those sworn to meet the FBI’s mission of “Protect[ing] the American People and Uphold[ing] the Constitution of the United States.”[1]
III. Applicable Laws and Department and FBI Policies
This section begins by summarizing some of the Principles of Federal Prosecution, which govern all federal prosecutions. Next, this section describes the laws and policies that we considered in the course of our investigation. These include the requirements that apply to the FBI’s assessments and investigations of counterintelligence matters, most of which are found in guidelines promulgated by the Attorney General and FBI policies, and the legal standards for conducting electronic surveillance under FISA. This section concludes by describing the principal statutes that we used to evaluate possible criminal conduct for prosecution: 18 U.S.C. § 1001(a)(2) (false statements); 18 U.S.C. § 1621(2) (perjury); 18 U.S.C. § 1519 (falsification of records); 18 U.S.C. § 242 (violation of civil rights); 18 U.S.C. §§ 241, 371 (conspiracy); 18 U.S.C. § 1031(a) (fraud against the United States); 52 U.S.C. §§ 30116, 30121(a) (campaign contributions); 18 U.S.C. §§ 1956–57 (money-laundering); and 18 U.S.C. § 793(d) (transmission of classified information).
A. Principles of Federal Prosecution
In deciding whether to exercise prosecutorial authority with respect to the statutes discussed below, the Office has been guided by the Principles of Federal Prosecution set forth in the Justice Manual.[2] Those principles include:
1. Determination to prosecute
A determination to prosecute represents a policy judgment that the fundamental interests of society require the application of federal criminal law to a particular set of circumstances. The attorney for the government should commence or recommend federal prosecution if he/she believes that the person’s conduct constitutes a federal offense, and that the admissible evidence will probably be sufficient to obtain and sustain a conviction, unless (i) the prosecution would serve no substantial federal interest; (ii) the person is subject to effective prosecution in another jurisdiction; or (iii) there exists an adequate non-criminal alternative to prosecution.[3]
2. Substantial federal interest
In determining whether a prosecution would serve a substantial federal interest, the attorney for the government should weigh all relevant considerations, including:
- Federal law enforcement priorities, including any federal law enforcement initiatives or operations aimed at accomplishing those priorities;
- The nature and seriousness of the offense;
- The deterrent effect of prosecution;
- ↑ See Mission Statement of the Federal Bureau of Investigation, https://www.fbi.gov/about/mission.
- ↑ U.S. Department of Justice, Justice Manual § 9-27.000 (Feb. 2018), https://www.justice.gov/jm/jm-9-27000-principles-federal-prosecution#9-27.001.
- ↑ Justice Manual §§ 9-27.001; 9-27.220.
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