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U.S. Code as of:
01/19/04
Section 2336. Other limitations
(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.
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