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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 18 U.S.C. § 2336 Other limitations us united_states_code code_section 18 CRIMES AND CRIMINAL PROCEDURE 113B TERRORISM 2336 18 U.S.C. § 2336 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc18@119-100.zip /us/usc/t18/s2336 data/legal/raw/us/code/title-18/usc18.xml cc137d8279ffbac48d0ccb3c802c5fac17a6b7209d1dfc25a1dcda9d26c2dfb8 1a1bbbbdb59e376ada4eb7ad1056fd68d396679ee7ab59f0561af15006122708 a5c8126b40cc6f3589e0f98e29b12f0206ddad63874bee773317d2dc0670ef99 2026-07-04 official
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18 U.S.C. § 2336 - Other limitations

Text

(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.

(Added Pub. L. 102572, title X, § 1003(a)(4), Oct. 29, 1992, 106 Stat. 4523.)

Notes

Editorial Notes

References in TextThe Federal Rules of Civil Procedure, referred to in subsec. (b), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective DateSection applicable to any pending case or any cause of action arising on or after 4 years before Oct. 29, 1992, see section 1003(c) of Pub. L. 102572, set out as a note under section 2331 of this title.