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 In a similar vein, Deputy Attorney General Rosenstein stated that “we do not hold press conferences to release derogatory information about the subject of a declined criminal investigation.” He went on to say that “[d]erogatory information sometimes is disclosed in the course of criminal investigations and prosecutions, but we never release it gratuitously.”

B.&emsp;

This subsection describes the requirements that apply to the FBI’s assessments and investigations of counterintelligence matters. The AGG-Dom gives the FBI a broad mandate to “detect, obtain information about, and prevent and protect against federal crimes and threats to the national security.” These crimes and threats include espionage and other intelligence activities and foreign computer intrusions. The AGG-Dom provides that “[t]hese Guidelines do not authorize investigating or collecting or maintaining information on United States persons solely for the purpose of monitoring activities protected by the First Amendment or the lawful exercise of other rights secured by the Constitution or laws of the United States.”

The requirements of the AGG-Dom are implemented and expanded upon in FBI policy. In its investigative activities, the FBI is to use less intrusive investigative techniques where feasible, and investigative activity is broken down into various levels. There are also requirements in separate guidelines approved by the Attorney General governing the FBI’s use of confidential human sources (“CHSs”). In 2020, the Department imposed additional requirements for politically sensitive assessments and investigations and for applications under FISA.