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May 23, 2010

Insiders reporting James Cole tapped to be next Deputy Attorney General

Sentencing fans know that, with the Justice Department's still on-going internal review of sentencing and corrections policy and with lots of important SCOTUS and USSC sentencing decisions in the works, the DOJ remains a critically important playing in helping to chart the short-term and long-term future of sentencing law and practice.  Consequently, given this new story in The National Law Journal headlined "Source: Bryan Cave Partner Picked to Be Next Deputy Attorney General," I now am eager to hear what folks might know about likely future DAG James Cole.

Here are the basic background details from the NLJ story:

President Barack Obama intends to nominate Bryan Cave partner James Cole as the next deputy attorney general, a source with knowledge of the plans confirms.

Cole, 57, comes to the nomination with a mix of experience in the Justice Department and in private practice.  He spent 13 years at the department, rising to be chief of the Public Integrity Section. He's been at Bryan Cave since 1995, specializing in white-collar defense and corporate investigations, though he took time to serve as special counsel to the House Ethics Committee during its inquiry of then-Speaker Newt Gingrich, R-Ga.

Cole is also a friend of Attorney General Eric Holder Jr., and the two worked together at the Justice Department. "He's experienced, able, and a very fair-minded guy," said Irvin Nathan, general counsel to the U.S. House of Representatives, who worked with Cole as a partner at Arnold & Porter....

Arnold & Porter partner James Cooper, who led the embezzlement conspiracy prosecution of officials from the Washington Teachers Union in 2003, called Cole an excellent choice for deputy attorney general because he brings the perspective of an attorney who has worked on both sides of the courtroom.

"I am extremely pleased with the selection," said Cooper, who practices in white-collar criminal defense. "He has had the kind of distinguished career inside and outside of the government that suggests to me he has the right kind of judgment and temperament to be an effective manger."

As the Justice Department's No. 2 official, the deputy attorney general manages the day-to-day operations of its tens of thousands of employees nationwide. The deputy serves as the department's top official when the attorney general is unable to do so, and he can be one of the department's top public faces on Capitol Hill and elsewhere....

Gary Grindler of the department's Criminal Division has been acting deputy attorney general since February, when David Ogden stepped down to return to Wilmer Cutler Pickering Hale and Dorr. Cole's candidacy was first reported last month by ProPublica, and the plans to nominate him were reported Friday afternoon by The Wall Street Journal and The Washington Post.

I doubt Cole would be confirmed before the Supreme Court hands down its expected big rulings in the honest services fraud cases and other still pending big federal criminal law cases this Term.  But he likely would have a hand in how DOJ responds to the Sentencing Commission's important new proposed sentencing guidelines and also its on-going work on mandatory minimum sentencing statutes.  Thus, if anyone has a sense of Cole's sense of these issues, please consider leaving a comment here.

May 23, 2010 at 09:24 AM | Permalink

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