§2336 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

No lawsuit under the anti‑terror civil law can be kept for injury or loss that happens because of an act of war. If someone sues under that law and asks for Justice Department investigative files, top DOJ officials can object if giving the files would harm a criminal investigation, a criminal prosecution, or a national security operation. A judge will look at the files in private and can block the discovery if it would cause substantial interference. A discovery stay stops the court from granting a motion to dismiss under rules 12(b)(6) and 56. The Attorney General may join the case to ask for a stay if ongoing civil proceedings would hurt a criminal case with an indictment or national security work. A stay may last up to 6 months, and the Attorney General can ask for more 6‑month extensions until the prosecution ends or is dropped. The Attorney General can also ask that any public orders leave out why the stay was requested.

Title 18, §2336

Crimes and Criminal Procedure — Source: USLM XML via OLRC

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

(b)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)(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