The Ethical Standards and Principles of Federal Prosecution (PFP)

standard imposed by the [U.S.] Department of Justice (DOJ)

is rooted in many sources i.e. federal attorneys are subject,

in the performance of their professional duties, to obligations

and standards imposed by law, by applicable rules of

professional conduct, and by DOJ regulations and policies.

 

There are many sources of such obligations and standards, including:

 

(a)  the Constitution (e.g. Fourth, Fifth and Sixth Amendments);

 

(b)  federal statutes (e.g. Jencks Act);

 

(c)  case law (e.g. court opinions interpreting the Due Process Clause);

 

(d)  court orders (e.g. District Court's order on a motion in limine);

 

(e)  rules of procedure (e.g. requirements in the FRCP and District Court's [local] rules);

 

(f)  standards of conduct imposed by an attorney's licensing authority

or by the jurisdiction in which the attorney is litigating

(e.g. State rules of professional conduct);

 

(g)  regulations issued by DOJ and codified in the CFR [Code of Federal Regulations]

(e.g. the regulation concerning subpoenas to members of the news media);

 

(h)  regulations codified in the CFR (e.g. prohibition on the use of an employee's

public office for private gain);  and,

 

(i)  DOJ policies contained in the U.S. Attorney's Manual

(e.g. requirements imposed on prosecutors by the PFP).

 

  --  In re Telfair, 745 F.Supp. 536 (USDC/DNJ 2010), headnote.

 

 

p.s. See also the McDade Act, 28 USC 530B:

 

http://www.law.cornell.edu/uscode/28/530B.html

 

The implementing Regulation is overly broad by depriving

damaged parties of a private right of action for violations

of the McDade Act.  -- Paul Andrew Mitchell, B.A., M.S.