In 1991, the Justice Department’s Justice Management Division (JMD) concluded that the travel and subsistence expenses of FEC staff who testify for the prosecution at FECA-based criminal trials are to be borne by the Department. Therefore, before a subpoena is served on an FEC employee to testify as a trial witness, the federal prosecutor handling the case should prepare a JMD expert witness form (OBD 47) providing information about the case and the FEC employee’s role in it. This form is then to be submitted to JMD, which will generate a financial commitment form to accompany the trial subpoena when it is served on the prospective FEC witness. 171

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