David W. Ogden

David William Ogden, known professionally as David W. Ogden, served as the Deputy Attorney General of the United States. An American lawyer, Ogden was also a high-ranking official in the United States Department of Justice and the United States Department of Defense during the administration of President Bill Clinton. He is a nationally recognized litigator and counselor in the Washington, DC. office of the law firm WilmerHale, LLP.

David Ogden
David Ogden official portrait
34th United States Deputy Attorney General
In office
March 12, 2009 – February 2010
PresidentBarack Obama
Preceded byMark Filip
Succeeded byJames M. Cole
Personal details
BornNovember 12, 1953 (age 65)
Alma materUniversity of Pennsylvania
Harvard Law School

Early life and education

Ogden is the son of Horace G. "Hod" Ogden (1925-1998), who was the first director of the Bureau of Health Education at the Centers for Disease Control and Prevention (and previously had worked for the United States Department of Health, Education, and Welfare), and Elaine C. Ogden, an elementary school teacher.[1]

Ogden earned an A.B. summa cum laude from the University of Pennsylvania in 1976 and a J.D. magna cum laude in 1981 from Harvard Law School.[2] He served as an editor of the Harvard Law Review.[3] In 1981-82, Ogden clerked for Hon. Abraham David Sofaer, U.S. District Court for the Southern District of New York, and in 1982-83, he clerked for U.S. Supreme Court Associate Justice Harry A. Blackmun.[2]


Ogden began his career in Washington, D.C. as an associate from 1983 until 1985 at the law firm of Ennis Friedman & Bersoff, and he served as a partner at that firm from 1986 until 1988. From 1988 until 1994, Ogden was a partner in the Washington, D.C. office of Jenner & Block. From 1994-95, he served as the Deputy General Counsel and Legal Counsel for the United States Department of Defense. From 1995-97, he was an Associate Deputy Attorney General in the United States Department of Justice. From 1997-98, Ogden was Counselor to United States Attorney General Janet Reno, and from 1998-99, he was Chief of Staff to Attorney General Reno. From 1999-2000, he was Acting Assistant Attorney General and from 2000-01, the Senate-confirmed Assistant Attorney General in charge of the Civil Division in the United States Department of Justice.[2] As Assistant Attorney General, Ogden led the Justice Department's largest litigation division handling major constitutional, administrative law, false claims act, government contracts, consumer law, and tort matters. In September 1999, under his leadership, the Civil Division filed the United States' high profile lawsuit against the tobacco industry.[4]

From June 2001 until November 2008, and again since April 2010, Ogden has been a partner in the Washington, D.C. office of the law firm Wilmer Cutler Pickering Hale and Dorr ("WilmerHale"), leading the firm's Government and Regulatory Litigation Practice Group.[3] In private practice, he has represented a wide range of businesses, trade associations, and individuals in litigation, arbitration and investigations against the United States government, state governments and foreign governments, and private parties, including cases under the Administrative Procedure Act, fair lending laws, the False Claims Act, fraud racketeering laws, international litigation, and arbitration.[3]

Deputy Attorney General

On January 5, 2009, President-elect Barack Obama announced he would nominate Ogden to be Deputy Attorney General.[5] Ogden's nomination was criticized by conservative groups that objected to some of his previous legal work, such as litigation under the First Amendment on behalf of adult entertainment companies including Playboy and Penthouse and amicus briefs on behalf of the American Psychological Association in constitutional litigation involving abortion and gay rights.[6][7] However, the selection was praised and supported by the Leadership Conference on Civil Rights, the Federal Law Enforcement Officers Association, the National Sheriff's Association, the National District Attorneys Association, Larry Thompson, Jamie S. Gorelick, Seth Waxman, the Boys and Girls Clubs of America, and the National Center for Missing and Exploited Children.[8] Ogden was confirmed by the United States Senate on March 12, 2009, in a vote of 65-28.[9]

As Deputy Attorney General, Ogden set new Justice Department policy in connection with criminal and civil discovery to fulfill the Department's obligations to disclose exculpatory information to criminal defendants[10]; providing new law enforcement resources to help Native American tribal communities combat violence against women and children[11],[12]; redoubling federal efforts to combat health care fraud [13]; and accommodating federal enforcement policy to laws in several states legalizing medicinal use of marijuana[14].

On December 3, 2009, it was announced that he would be resigning his post and returning to private practice in February 2010.[15][16] According to news accounts, Ogden stepped down in part because of disagreements with Attorney General Eric Holder over management issues.[17]

Personal life

Ogden is married to Anne Harkavy and has three children; two by his first marriage. Harkavy was formerly Deputy General Counsel for Litigation, Regulation and Enforcement for the U.S. Department of Energy.[18]

External links


  1. ^ Profile, steinhardt.nyu.edu; accessed January 26, 2015.
  2. ^ a b c Profile, martindale.com; accessed January 26, 2015.
  3. ^ a b c Profile, wilmerhale.com; accessed January 26, 2015.
  5. ^ Carrie Johnson and Robert Barnes, "Solicitor General and Deputy Attorney General Named", The Washington Post, January 5, 2009.
  6. ^ Evan Perez, "Adult Entertainment: Fight Erupts Over Nominee’s Defense of Porn", The Wall Street Journal, March 12, 2009.
  7. ^ Associated Press, "Christian right challenging Obama's picks", February 5, 2009.
  8. ^ Profile, judiciary.senate.gov; accessed January 26, 2014.
  9. ^ Associated Press, Senate confirms Ogden as deputy attorney general, March 12, 2009.
  10. ^ "Guidance for Prosecutors Regarding Criminal Discovery". U.S. Department of Justice Archives.
  11. ^ "Indian Country Law Enforcement Initiative". U.S. Department of Justice Archives.
  12. ^ https://law.und.edu/_files/docs/ndlr/pdf/issues/88/4/88ndlr957.pdf
  13. ^ "Medicare Fraud Strike Force Operations Lead to Charges Against 53 Doctors, Health Care Executives and Beneficiaries for More Than $50 Million in Alleged False Billing in Detroit". Department of Justice.
  14. ^ "Memorandum for Selected United State Attorneys on Investigations and Prosecutions in States Authorizing the Medical Use of Marijuana". U.S. Department of Justice Archives.
  15. ^ FBI National Press Office,Deputy Director Responds to DAG David Ogden’s Announcement of Departure from Department of Justice Archived 2016-12-26 at the Wayback Machine, (December 3, 2009).
  16. ^ Carrie Johnson, No. 2 official leaving Justice Department, The Washington Post, December 4, 2009.
  17. ^ Ogden to speak at American University, mainjustice.com, March 12, 2010; accessed January 26, 2015.
  18. ^ https://web.archive.org/web/20160408070138/https://energy.gov/gc/leadership
Legal offices
Preceded by
Mark Filip
U.S. Deputy Attorney General
Served under: Barack Obama

Succeeded by
Gary Grindler
ATF gunwalking scandal

"Gunwalking", or "letting guns walk", was a tactic of the Arizona Field Office of the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), which ran a series of sting operations between 2006 and 2011 in the Tucson and Phoenix area where the ATF "purposely allowed licensed firearms dealers to sell weapons to illegal straw buyers, hoping to track the guns to Mexican drug cartel leaders and arrest them". These operations were done under the umbrella of Project Gunrunner, a project intended to stem the flow of firearms into Mexico by interdicting straw purchasers and gun traffickers within the United States. The Jacob Chambers Case began in October 2009 and eventually became known in February 2010 as "Operation Fast and Furious" after agents discovered Chambers and the other suspects under investigation belonged to a car club.The stated goal of allowing these purchases was to continue to track the firearms as they were transferred to higher-level traffickers and key figures in Mexican cartels, with the expectation that this would lead to their arrests and the dismantling of the cartels. The tactic was questioned during the operations by a number of people, including ATF field agents and cooperating licensed gun dealers. During Operation Fast and Furious, the largest "gunwalking" probe, the ATF monitored the sale of about 2,000 firearms, of which only 710 were recovered as of February 2012. A number of straw purchasers have been arrested and indicted; however, as of October 2011, none of the targeted high-level cartel figures had been arrested.Guns tracked by the ATF have been found at crime scenes on both sides of the Mexico–United States border, and the scene where United States Border Patrol Agent Brian Terry was killed in December 2010. The "gunwalking" operations became public in the aftermath of Terry's murder. Dissenting ATF agents came forward to Congress in response. According to Humberto Benítez Treviño, former Mexican Attorney General and chair of the justice committee in the Chamber of Deputies, related firearms have been found at numerous crime scenes in Mexico where at least 150 Mexican civilians were maimed or killed. Revelations of "gunwalking" led to controversy in both countries, and diplomatic relations were damaged.As a result of a dispute over the release of Justice Department documents related to the scandal, Attorney General Eric Holder became the first sitting member of the Cabinet of the United States to be held in contempt of Congress on June 28, 2012, in a vote largely along party lines in a Republican-controlled House. At Holder's request, President Barack Obama had invoked executive privilege for the first time in his presidency in order to withhold documents that "were not generated in the course of the conduct of Fast and Furious."

Associate Deputy Attorney General

Associate Deputy Attorney General is a position in the United States Department of Justice. As of 2017, there are six such positions, all of which rank equally, who serve as the principal advisors to the Deputy Attorney General. There is also a separate Principal Associate Deputy Attorney General. All positions are Senior Executive Service appointments, each of which can be filled as a career appointments or as a political appointment.The position is not to be confused with the Deputy Associate Attorneys General, who report to the Associate Attorney General.

Christopher H. Schroeder

Christopher Henry Schroeder (born 1948) served as the Assistant Attorney General for the Office of Legal Policy for the United States Department of Justice from 2010 until the end of 2012. He also is the Charles S. Murphy Professor of Law at the Duke University School of Law.

Cole Memorandum

The Cole Memorandum was a United States Department of Justice memorandum issued August 29, 2013, by United States Deputy Attorney General James M. Cole during the presidency of Barack Obama. The memorandum, sent to all United States Attorneys, governed federal prosecution of offenses related to marijuana. The memo stated that given its limited resources, the Justice Department would not enforce federal marijuana prohibition in states that "legalized marijuana in some form and ... implemented strong and effective regulatory and enforcement systems to control the cultivation, distribution, sale, and possession of marijuana," except where a lack of federal enforcement would undermine federal priorities (such as preventing violence in marijuana cultivation and distribution, preventing cannabis impaired driving, and preventing marijuana revenues from going to gangs and cartels).The Cole Memorandum was rescinded by Attorney General Jeff Sessions in January 2018, during the presidency of Donald Trump.

Contemporary Native American issues in the United States

Contemporary Native American issues in the United States are issues arising in the late 20th century and early 21st century which affect Native Americans in the United States. Many issues stem from the subjugation of Native Americans in society, including societal discrimination, racism, cultural appropriation through sports mascots, and depictions in art. Native Americans have also been subject to substantial historical and intergenerational trauma that have resulted in significant public health issues like alcoholism and risk of suicide.

David Ogden

David Ogden is the name of:

David Ogden (politician) (born 1944), mayor from 2004 to 2010 of Hutt City in the Wellington region of New Zealand

David Ogden (conductor) (born 1966), English composer and choral conductor

David A. Ogden (1770–1829), U.S. Representative from New York

David Ayres Depue Ogden (1897–1969), United States Army lieutenant general

David W. Ogden (born 1953), American lawyer and former Deputy Attorney General

Eric Holder

Eric Himpton Holder Jr. (born January 21, 1951) is an American lawyer who served as the 82nd Attorney General of the United States from 2009 to 2015. Holder, serving in the administration of President Barack Obama, was the first African American to hold the position of U.S. Attorney General (in both a confirmed and acting position).Born in New York City to a middle class family of Barbadian origins, Holder was raised in a predominantly black community but attended school with mostly white students as part of a gifted education program. He graduated from Stuyvesant High School, Columbia College, and Columbia Law School. Following law school, he left New York to work for the Public Integrity Section of the Department of Justice for 12 years. He next served as a judge of the Superior Court of the District of Columbia before being appointed by President Bill Clinton as United States Attorney for the District of Columbia and subsequently Deputy Attorney General. While U.S. Attorney, he prosecuted Congressman Dan Rostenkowski for corruption charges related to his role in the Congressional Post Office scandal.

Following the Clinton administration, he worked at the law firm of Covington & Burling in Washington, D.C. He was senior legal advisor to Barack Obama during Obama's presidential campaign and one of three members of Obama's vice-presidential selection committee. Holder was a close ally and confidant of Obama's and was selected as President Obama's first Attorney General. The Republican-controlled House of Representatives held Holder in contempt of Congress during an investigation of the ATF gunwalking scandal; the Justice Department's Inspector General later cleared Holder of any wrongdoing. Holder was succeeded as Attorney General by Loretta Lynch in April 2015. He returned to Covington & Burling, where he continues to practice, and is also involved with efforts at gerrymandering reform through the National Democratic Redistricting Committee.

Indian reservation

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Today a majority of Native Americans and Alaska Natives live somewhere other than the reservations, often in larger western cities such as Phoenix and Los Angeles. In 2012, there were over 2.5 million Native Americans, with about 1 million living on reservations.

James M. Cole

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Lisa Monaco

Lisa Oudens Monaco (born February 25, 1968) is an American federal prosecutor who was the United States Homeland Security Advisor to President Barack Obama; the chief counterterrorism advisor to the President, and a statutory member of the United States Homeland Security Council.

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List of law clerks of the Supreme Court of the United States (Seat 2)

Law clerks have assisted the justices of the United States Supreme Court in various capacities since the first one was hired by Justice Horace Gray in 1882. Each justice is permitted to have between three and four law clerks per Court term. Most persons serving in this capacity are recent law school graduates (and typically graduated at the top of their class). Among their many functions, clerks do legal research that assists justices in deciding what cases to accept and what questions to ask during oral arguments, prepare memoranda, and draft orders and opinions. After retiring from the Court, a justice may continue to employ a law clerk, who may be assigned to provide additional assistance to an active justice or may assist the retired justice when sitting by designation with a lower court.

Lyle Craker

Lyle E. Craker is a Professor in the Department of Plant, Soil and Insect Sciences at the University of Massachusetts Amherst. Since 2001, Craker has been trying to obtain a permit from the United States Drug Enforcement Administration (DEA) to grow marijuana for research purposes.

Mark Filip

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Robert McCallum Jr.

Robert Davis McCallum Jr. (born 1946) is an American attorney and diplomat who served in the Bush administration. He was the Associate Attorney General of the United States from 2003 to 2006, also acting as the Deputy Attorney General from 2005 to 2006. He was appointed as the United States Ambassador to Australia in 2006, a capacity in which he served until the end of Bush's term in 2009.

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Several US States have introduced various resolutions and legislation in protest to federal actions. Despite this, the Supreme Court has explicitly rejected the idea that the states can nullify federal law. In Cooper v. Aaron (1958), the Supreme Court of the United States held that federal law prevails over state law due to the operation of the Supremacy Clause, and that federal law "can neither be nullified openly and directly by state legislators or state executive or judicial officers nor nullified indirectly by them through evasive schemes ..." Thus, state laws purporting to nullify federal statutes or to exempt states and their citizens from federal statutes have only symbolic impact.

United States Assistant Attorney General

Many of the divisions and offices of the United States Department of Justice are headed by an Assistant Attorney General.

The President of the United States appoints individuals to the position of Assistant Attorney General with the advice and consent of the Senate. United States Department of Justice components that are led by an Assistant Attorney General are:

Antitrust Division

Civil Division

Civil Rights Division

Criminal Division

National Security Division

Environment and Natural Resources Division (ENRD)

Justice Management Division (JMD)

Tax Division

Office of Justice Programs (OJP)

Office of Legal Counsel (OLC)

Office of Legal Policy (OLP)

Office of Legislative Affairs (OLA)Assistant Attorneys General report either to the Deputy Attorney General (in the case of the Criminal Division, the Justice Management Division and the Offices of Legal Counsel, Legislative Affairs, and Legal Policy) or to the Associate Attorney General (in the case of the Antitrust, Civil, Civil Rights, Environment & Natural Resources, and Tax Divisions and the Office of Justice Programs).

United States Department of Justice Civil Division

The United States Department of Justice Civil Division represents the United States, its departments and agencies, members of Congress, cabinet officers, and other federal employees. Its litigation reflects the diversity of government activities, involving, for example, the defense of challenges to Presidential actions; national security issues; benefit programs; energy policies; commercial issues such as contract disputes, banking insurance, patents, fraud, and debt collection; all manner of accident and liability claims; enforcement of immigration laws; and civil and criminal violations of consumer protection laws. Each year, Division attorneys handle thousands of cases that collectively involve billions of dollars in claims and recoveries. The Division confronts significant policy issues, which often rise to constitutional dimensions, in defending and enforcing various Federal programs and actions. The Civil Division is currently led by Jody Hunt, who was confirmed to the position by the United States Senate in August 2018.

United States Deputy Attorney General

The United States Deputy Attorney General is the second highest-ranking official in the United States Department of Justice and oversees the day-to-day operation of the Department. The deputy attorney general acts as attorney general during the absence of the attorney general.

The deputy attorney general is a political appointee of the President of the United States and takes office after confirmation by the United States Senate. The position was created in 1950. Since April 26, 2017, Rod Rosenstein has been deputy attorney general.

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Wilmer Cutler Pickering Hale and Dorr LLP (known as WilmerHale) is an American "BigLaw" firm with offices across the United States, Europe and Asia. It was created in 2004, through the merger of the Boston-based firm, Hale and Dorr and the Washington-based firm Wilmer Cutler & Pickering; and employs more than 1,000 attorneys worldwide. WilmerHale ranked 2nd in the nation in American Lawyer's A-List of top BigLaw firms, and the firm is one of the most selective law firms in the United States for incoming associates. WilmerHale is known for its connections to the federal government; many of the firm's attorneys have experience in the Department of Justice, the Department of Defense, the Executive Office of the President, the Securities and Exchange Commission, and other federal agencies. Notably, former FBI Director Robert Mueller was partner at WilmerHale's Washington office before being hired as Special Counsel to the investigation into Russian interference in the U.S. presidential election. Other attorneys at WilmerHale include Seth Waxman, former Solicitor General of the United States; Ken Salazar, former United States Senator from Colorado and United States Secretary of the Interior; and Jamie Gorelick, former United States Deputy Attorney General. According to one study examining political donations by large white shoe firms, WilmerHale was ranked as the most liberal out of the top twenty most prestigious law firms in the nation.

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