Add. Rachel Brand dig.
Just found this tidbit about something called the "Brand Memorandum" which was curiously left out of the updated DOJ Justice Manual. I'm not a lawfag so what this means, I don't know. The last line is telling. It seems like there is a reason Rachel Brand's Memorandum was purposely left out. Significance unknown by this anon. Maybe a lawfag can add some info. about this.
The New Justice Manual: DOJ Updates US Attorney’s Manual for the First Time in Decades
Friday, October 12, 2018
Summary
On September 25, DOJ announced the rollout of the Justice Manual, a new US Attorney’s Manual. Though the manual is an internal document that does not carry the force of law, it provides guidance to DOJ employees for investigative, charging and sentencing decisions. This apparent effort to consolidate DOJ policies into a comprehensive location marks the first major rewrite of the US Attorney’s Manual in more than 20 years.
There is one recent DOJ policy memoranda, however, that is noticeably absent from the Justice Manual: the Brand Memorandum. In January 2018, then-Associate Attorney General Rachel Brand issued a memorandum that bars DOJ from using its civil enforcement authority to transform agency guidance documents into binding rules. As the memorandum states, “[DOJ] litigators may not use noncompliance with guidance documents as a basis for proving violations of applicable laws in [affirmative civil action] cases.” Although not formalized in the Manual, the Justice Manual also does not repudiate or reverse this guidance. What remains to be seen is whether the Brand Memorandum will continue to influence civil enforcement decision-making and, if so, why it was excluded from a document intended to be a comprehensive manual for all DOJ attorneys.
https://www.natlawreview.com/article/new-justice-manual-doj-updates-us-attorney-s-manual-first-time-decades