(a) Applicability. This Rule applies to persons released on bail, on probation, on supervised
release, or in one or more of those circumstances concurrently, provided that:
1. The supervision of the probation or supervised release is being conducted by the
United States Probation and Pretrial Services Office; or
2. The order fixing the conditions of bail has been entered by a judge or by the Court
of Appeals in an appeal from a judgment in a criminal action entered in the District.
(b) Generally. No attorney, officer, agent, or employee of the United States may request,
cause, or attempt to cause any person specified in Rule 99.5(a) to violate any condition of
bail, probation, or supervised release, including using such a person under circumstances
that violate one or more of the conditions of bail, probation, or supervised release.
(c) Requesting a Modification of Conditions of Bail, Probation, or Supervised Release.
A United States Probation Or Pretrial Officer or counsel of record may submit a request
for modification of one or more conditions of bail, probation, or supervised release to the
Court or to the appropriate probation officer. The request must state the exceptional facts
which justify such a request. In an emergency, any judge may grant such a request.
(d) Granting of Request for Modification of Conditions of Bail, Probation, or
Supervised Release. If possible and if time permits, prior to granting any request under
Rule 99.5(c), the judge must consult with the Chief United States Probation and Pretrial
Services Officer or the probation officer assigned to supervision of the person. If the judge
grants the request, he or she may issue a sealed order modifying the conditions of bail,
probation, or supervised release, as the circumstances require.
(e) Procedures Not Prohibited by Rule. With regard to persons under arrest, in custody, on
bail pending trial, sentencing or appeal, on probation, or supervised release, this Rule does
not prohibit:
1. On the initiative of the person or his or her attorney, an officer, agent, or employee
of the United States, interviewing, “debriefing,” questioning, or taking a voluntary
statement from the person concerning intelligence or information on any subject,
whether or not it relates to the offense or offenses of which the person was
convicted, or to the alleged offense or offenses on which the person is awaiting
trial, sentencing, or appeal;
2. Making searches and seizures, determined by an attorney, officer, agent, or
employee of the United States to be lawful, including searches or seizures from the
person, subject to later determination by the Court of lawfulness thereof; and
3. Appearances and testimony by the person in any lawful discovery or investigative
proceedings as a witness, formally or informally, including appearance or
appearances as a witness before a grand jury.
99.7 “FREE PRESS FAIR TRIAL” DIRECTIVES
(a) Duties of Counsel.
1. Statements Interfering with the Due Administration of Justice. No attorney or
law firm may release, or authorize the release of, information or opinion which a
reasonable person would expect to be disseminated by any means of public
communication, in connection with pending or imminent criminal litigation with
which the attorney or law firm is associated, if there is reasonable likelihood that
such dissemination will interfere with a fair trial or otherwise prejudice the due
administration of justice.
2. Statements with Respect to a Grand Jury. With respect to a grand jury or other
pending investigation of any criminal matter, the attorney participating in or
associated with the investigation may not make any extrajudicial statement which
a reasonable person would expect to be disseminated, by any means of public
communication, that goes beyond the public record or that is not necessary to
inform the public that the investigation is underway, to describe the general scope
of the investigation, to obtain assistance in the apprehension of a suspect, to warn
the public of any dangers, or otherwise to aid in the investigation.
3. Statements Related to the Accused. From the time of arrest, issuance of an arrest
warrant, or the filing of a complaint, information, or indictment in any criminal
matter until the commencement of trial or disposition without trial, no attorney or
law firm associated with the prosecution or defense may release, or authorize the
release of, any extrajudicial statement which a reasonable person would expect to
be disseminated by means of public communication, relating to that matter and
concerning:
A. The prior criminal record—including arrests, indictments, or other charges
of crime—or the character or reputation of the accused, except that the
counsel or law firm may make a factual statement of the accused’s name,
age, residence, occupation, and family status and, if the accused has not
been apprehended, counsel associated with the prosecution may release
any information necessary to aid in the accused’s apprehension or to warn
the public of any dangers the accused may present, but these prohibitions
apply only when the release of such information poses a serious and
imminent threat of interference with the fair administration of justice;
B. The existence or contents of any confession, admission, or statement given
by the accused, or the refusal or failure of the accused to make any
statement;
C. The performance of any examinations or tests or the accused’s refusal or
failure to submit to an examination or test;
D. The identity, testimony, or credibility of prospective witnesses, except that
the attorney or law firm may announce the identity of the victim if the
announcement is not otherwise prohibited by law, and the release of any
such information does not pose a serious and imminent threat of
interference with the fair administration of justice;
E. The possibility of a plea of guilty to the offense charged or a lesser offense;
or
F. Any opinion as to the accused’s guilt or innocence or as to the merits of
the case, when such an opinion would pose a serious and imminent threat
of interference with the fair administration of justice.
4. Brief and General Statements. Rule 99.7(a)(3) does not preclude the attorney or
law firm during this period, in the proper discharge of the attorney’s or the firm’s
official or professional obligations, from announcing the fact and circumstances of
arrest (including time and place of arrest, resistance, pursuit, and use of weapons),
the identity of the investigating and arresting officer or agency, and the length of
the investigation; from making an announcement, at the time of seizure of any
physical evidence other than a confession, admission or statement, which is limited
to a description of the evidence seized; from disclosing the nature, substance, or
text of the charge, including a brief description of the offense charged; from
quoting or referring without comment to public records of the court in the case;
from announcing the scheduling or result of any stage in the judicial process; from
requesting assistance in obtaining evidence; or from announcing without further
comment that the accused denies the charges made against the accused.
5. Statements during Trial. During a trial of any criminal matter, including the
period of selection of the jury, no attorney or law firm associated with the
prosecution or defense may give or authorize any extrajudicial statement or
interview relating to the trial or the parties or issues in the trial, which a reasonable
person would expect to be disseminated by means of public communication if such
communication poses a serious and imminent threat of interfering with the fair
administration of justice, except that the attorney or law firm may quote from or
refer without comment to public records of the court in the case.
6. More Restrictive Rules. This Rule does not preclude:
A. A judge from forming or applying more restrictive rules than those above
if they relate to the release of information about juvenile or other offenders;
B. Legislative, administrative, or investigative bodies from holding hearing
or lawfully issuing reports; or
C. Any attorney from replying to charges of misconduct that are publicly
made against that attorney.
(b) Duties of Court Personnel. Unless the Court orders otherwise, no
supporting personnel connected in any way with the District or its
operation—including marshals, deputy marshals, court clerks or deputies,
bailiffs, secretaries, court reporters, and employees or subcontractors
retained by the court-appointed official reporters—may disclose to any
person any information to a pending grand jury proceeding or criminal case
that is not a part of the public records of the District. This prohibition
applies specifically to divulging information concerning arguments and
hearings held in chambers or otherwise outside the presence of the public.
(c) Special Orders in Certain Cases. In a widely publicized or sensational
case, the Court, on motion of any party or on its own motion, may issue a
special order governing such matters as extrajudicial statements by parties
and witnesses which might interfere with the rights of the accused to a fair
trial by an impartial jury, the seating and conduct in the courtroom of
spectators and news media representatives, the management and
sequestration of jurors and witnesses, and any other matters which the
Court deems appropriate for inclusion in such an order.
