Tony West

Current Position: Assistant Attorney General for the Civil Division of the Department of Justice (since April 2009)
Boss: Associate Attorney General Thomas J. Perrelli
Credit: Morrison & Foerster

 

Why He Matters

Pundits speculated that Derek Anthony “Tony” West’s political career ended when he took on “American Taliban” John Walker Lindh as a client. He was a successful lawyer, working as a partner at the San Francisco firm of Morrison & Foerster, and he had lost two difficult campaigns in the previous four years. 

But West didn’t have to be elected to become President Barack Obama’s assistant attorney general for the Justice Department’s Civil Division — just confirmed by the Senate. He now heads the civil division of the Justice Department that is charged with defending the federal government in litigation. West has made a career out of handling complex legal issues in criminal and civil trials as well as during negotiations.

West, who is a part of a power family in California, has known Obama since 2004, and he was a top fundraiser for Obama during the 2008 presidential campaign. He was finance co-chair of Obama’s California campaign, where the then-senator raised a record total of $65 million.

Path to Power

West was born in San Francisco in 1965 and was raised in San Jose, Calif. Like Obama, West is a black politician raised outside of the black churches and away from the civil rights movement. His father was from Georgia and his mother was from Alabama, but they moved to California before he was born searching for new opportunities.Garofoli, Joe, “Obama point man connected, respected,” San Francisco Chronicle, March 1, 2008 In high school, he won a race for freshman class president by making posters of himself talking with then-California Gov. Jerry Brown (D).Banducci, Slise, “Bay area community leader joins Taliban defense,” San Jose Mercury News, Jan 29, 2002 After graduating from Harvard University in 1987, he worked for Michael Dukakis’ (D) presidential campaign as the chief of staff to the treasurer. After Dukakis lost, West worked as finance director for the Democratic Governors’ Association until moving back to the West Coast to attend Stanford Law School, where he would become president of the Stanford Law Review.Biographical and career data from a questionnaire filled out by Tony West and accessed from the Senate Judiciary Committee Web site

During his summers in law school, West worked for the law firms of Swidler & Berlin; Morrison & Foerster and Tuttle & Taylor. But after graduation, he returned to politics, working as the chief of staff to the finance chairman of the California Democratic Party for a year. And after a year as an associate at Bingham McCutchen in California, he began a stint at the Justice Department.Biographical and career data from a questionnaire filled out by Tony West and accessed from the Senate Judiciary Committee Web site

Clinton Justice Department

West’s first job at Justice under then-Attorney General Janet Reno was as a special assistant to Deputy Attorney General Philip Heymann from 1993 to 1994. West worked specifically on crime policy, in particular the Omnibus Crime Bill of 1994, which expanded police training and spending, expanded the death penalty and cracked down on gun transfer laws. In 1994, he was tapped as assistant U.S. attorney for the Northern District of California, where he prosecuted a variety of crimes, including sexual exploitation, bank robberies, tax violations and government malfeasance.Biographical and career data from a questionnaire filled out by Tony West and accessed from the Senate Judiciary Committee Web site During that time, he also served as planning commissioner for San Jose and served on the boards of a variety of agencies.Editorial, “For City Council District 3: Tony West,” San Jose Mercury News (Calif.), May 14, 1998

California Attorney General and Political Campaigns

In 1999, West was appointed by the California attorney general as the state’s special assistant attorney general. In that capacity, West acted as an adviser to the attorney general and specialized in the areas of high-tech crime, identity theft, civil rights and police misconduct.   

When Mike Honda (D) left the California Assembly to run for the U.S. Congress in 2000, West ran for Honda’s seat against Manny Diaz (D)and lost in a racially-charged contest. West, who had also lost a race for San Jose city council in 1998, was called “the best candidate to have never won a race.”Silicon Valley Newsroom, “Obama names Tony West to Justice post,” SanJoseInside.com, Jan. 25, 2009

West left government in 2001 to take a job as a partner at the San Francisco law firm of Morrison & Foerster, where his work ranged from representing individuals in civil rights cases to representing large corporations in complex litigation to white-collar criminal defense.

Though he was working in private practice, West stayed tangentially involved in politics. In 2004, he was selected to be a delegate for Sen. John F. Kerry (D-Mass.) at the Democratic National Convention.“Tony West: Of Obama for America on Obama and the Future,” Video interview with Zennie Abraham on Nov. 12, 2008 West met Barack Obama at that convention (Obama delivered the keynote address and launched himself on the national stage there), and he told Obama that he would volunteer whenever Obama decided to run for president. “I had no doubt that he’d run for president,” West said. “I didn’t anticipate that it would be so soon.”Berkley, Gail, “Attorney Tony West a key player in Obama camp,” Sun Reporter, Oct. 23, 2008

In December 2006, Obama began thinking about running for president, and he asked West to join his team. West began raising money in northern California, and eventually became one of Obama’s state finance co-chairs. The campaign raised a record $65 million in California during the 2008 contest.Egelko, Bob, “Obama taps S.F. lawyer for Justice post,” San Francisco Chronicle, Jan. 25, 2009

After the election, Obama nominated West as assistant attorney general for the Justice Department’s civil division, which defends the federal government in litigation. He was confirmed in April 2009. The civil division deals with non-criminal cases involving the government such as contract disputes.Egelko, Bob, “Obama taps S.F. lawyer for Justice post,” San Francisco Chronicle, Jan. 25, 2009    For example, when the government wanted to sue tobacco companies for the money it had spent on treating tobacco-related illnesses, the civil division handled the case.Holland, Jess J., “Justice Department lawyer insists tobacco lawsuit moving forward despite doubts from Democrats,” Associated Press, Sept. 5, 2001

In Their Own Words

The government's willingness to dismiss all of the terrorism charges — including the most serious, conspiracy to kill Americans — was for us an acknowledgement of what we have been saying all along: Whatever John is, he is not a terrorist, and he did not go to Afghanistan to kill Americans.

 

The Issues

Since joining Morrison & Foerster (MoFo), West has worked on a wide variety of high-profile cases. He represented Oakland Raiders wide receiver Marcus Williams in a civil suit against a former teammate, and has commented regularly for ESPN as a “legal analyst” when the arena of sports collides with law.

For instance, West opined when NBA star Kobe Bryant was charged with rape, when college football running back Maurice Clarett challenged the NFL’s rule that he couldn’t enter the league until he had been out of high school for three years and when NBA player Jayson Williams was accused of murder.Biographical and career data from a questionnaire filled out by Tony West and accessed from the Senate Judiciary Committee Web site West has also served as a legal expert for CNN and CBS.Biographical and career data from biography of Tony West on Morrison & Foerster Web site

At MoFo, West was a part of the firm’s white-collar criminal defense team and has also worked on civil- rights cases, including a civil suit against the San Bernardino (Calif.) sheriff’s department, which was found to have wrongly detained and interrogated a woman and her son after the shooting of the woman’s other son.Biographical and career data from a questionnaire filled out by Tony West and accessed from the Senate Judiciary Committee Web site He also represented AT&T technician Mark Klein, who testified that his company allowed the administration to tap the phones of U.S. citizens without a warrant.Egelko, Bob, “Obama taps S.F. lawyer for Justice post,” San Francisco Chronicle, Jan. 25, 2009 

John Walker Lindh

In 2002, West joined the defense team of John Walker Lindh, a native of Marin County, Calif., who joined the Taliban after going to school in Pakistan. In 2001, he fought against the Northern Alliance, which later became a U.S. ally against the Taliban, and pleaded guilty to supplying services to the Taliban.Margasak, Larry, “Lindh asks for forgiveness as U.S. official debrief him,” The Associate Press via the Tri-Valley Herald (Pleasanton, Calif.), Sept. 1, 2002 

But Lindh contends that he did not expect the U.S. to get involved in the war he was fighting, and West said in an online discussion that the government’s decision to drop the charges of conspiracy to kill Americans “was for us an acknowledgement of what we have been saying all along: Whatever John is, he is not a terrorist, and he did not go to Afghanistan to kill Americans.”“John Walker Lindh Plea: Discussion with Tony West,” WashingtonPost.com, July 18, 2002

Many thought West’s decision to get involved in Lindh’s case signaled the end of his public life. But West said it was an important case for him. “I really believe that in working on that case, I was recommitting myself to those principles of due process, fairness — things that separate us from most nations in the world,” West said.Egelko, Bob, “Obama taps S.F. lawyer for Justice post,” San Francisco Chronicle, Jan. 25, 2009

In an editorial for the San Francisco Daily Journal, West stood by his decision to defend Lindh, comparing it to past President John Adams’ choice to defend British Red Coats charged with murder during the Boston Massacre. “This commitment to ensure meaningful representation for the despised is a defining element of our nation’s unique character,” West wrote.West, Tony, “Defending the despised,” San Francisco Daily Journal, Jan. 17, 2007

The Network

"Tony's ascension in the various worlds of politics is largely due to the fact that he has always been very meticulous about maintaining his networks — and they are networks that are beyond California," said Sam Rodriguez, a political consultant who worked with West early in his career.Garofoli, Joe, “Obama point man connected, respected,” San Francisco Chronicle, March 1, 2008

West began working in politics in 1987, when he volunteered for Michael Dukakis. On that campaign, West met Sen. Edward M. Kennedy (D-Mass.), and he still keeps a signed photograph of Kennedy in his office. He also has photos of Robert Kennedy, Abraham Lincoln, Janet Reno and Barack Obama. “I was so fortunate to be at the department when Janet Reno was attorney general and then to be a federal prosecutor when she was attorney general. It was a really good time to learn the principles of prosecution and what a department of justice should be,” West said.“Tony West: Of Obama for America on Obama and the Future,” Video interview with Zennie Abraham on Nov. 12, 2008

West worked on Obama’s 2008 presidential campaign from the beginning and played basketball with him the morning of the Indiana primary. His wife, Maya, was the first African American vice president at the Ford Foundation and handles the peace and social justice portfolio. West’s sister-in-law, Kamala Harris, was the first female district attorney of San Francisco.

Campaign Contributions

In addition to donating $2,800 to Obama during the 2008 presidential campaign, he also donated $2,300 to Hillary Rodham Clinton after the primary was over to help her repay her campaign debt. And he has donated to California Democrats such as Rep. Barbara Lee (D-Calif.), chair of the Congressional Black Caucus, and California Democratic Sens. Dianne Feinstein and Barbara Boxer.Center for Responsive Politics