18 U.S.C. § 2336: Other limitations

Summary

You cannot use the special federal terrorism civil claim to recover for injury or loss that was caused by an act of war. If someone in one of these cases asks for Justice Department investigative files, a top Justice Department lawyer (the Assistant Attorney General, Deputy Attorney General, or Attorney General) can object, saying turning them over would hurt a criminal case or a national security operation. The judge will look at the files in private and can stop the discovery if it would cause substantial interference. If discovery is stayed, the judge may not grant a dismissal under Federal Rules 12(b)(6) or 56 and may pause the whole case. The Attorney General can step in to ask for a stay if the criminal case has an indictment or if national security is involved. Stays can last up to 6 months and be extended in 6‑month steps until the criminal case ends or is dropped. The Attorney General can also ask that public orders omit why the stay was requested.

Title 18, §2336

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(a)Acts of War.—

No action shall be maintained under section 2333 of this title for injury or loss by reason of an act of war.

(b)Limitation on Discovery.—

If a party to an action under section 2333 seeks to discover the investigative files of the Department of Justice, the Assistant Attorney General, Deputy Attorney General, or Attorney General may object on the ground that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of the civil litigation. The court shall evaluate any such objections in camera and shall stay the discovery if the court finds that granting the discovery request will substantially interfere with a criminal investigation or prosecution of the incident or a national security operation related to the incident. The court shall consider the likelihood of criminal prosecution by the Government and other factors it deems to be appropriate. A stay of discovery under this subsection shall constitute a bar to the granting of a motion to dismiss under rules 12(b)(6) and 56 of the Federal Rules of Civil Procedure. If the court grants a stay of discovery under this subsection, it may stay the action in the interests of justice.

(c)Stay of Action for Civil Remedies.—

(1)The Attorney General may intervene in any civil action brought under section 2333 for the purpose of seeking a stay of the civil action. A stay shall be granted if the court finds that the continuation of the civil action will substantially interfere with a criminal prosecution which involves the same subject matter and in which an indictment has been returned, or interfere with national security operations related to the terrorist incident that is the subject of the civil action. A stay may be granted for up to 6 months. The Attorney General may petition the court for an extension of the stay for additional 6-month periods until the criminal prosecution is completed or dismissed.

(2)In a proceeding under this subsection, the Attorney General may request that any order issued by the court for release to the parties and the public omit any reference to the basis on which the stay was sought.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102–572, set out as a note under section 2331 of this title.

§2336 Other Limitations