David Ogden

Government Career

In 1992, Ogden began teaching at Georgetown University Law Center, and in 1994, he made his first move into the public sector. For one year, he worked at the Pentagon as the deputy general counsel and legal counsel for the Department of Defense. In 1995, he moved to Justice, where he worked until President Bill Clinton left office. At Justice, he started as associate deputy attorney general and worked as counselor to the attorney general, chief of staff to the AG and assistant attorney general for the civil division, which defends the federal government against litigation.Biographical information from a questionnaire filled out by David Ogden and accessed from the Senate Judiciary Committee Web site “Few jobs afford as great an opportunity to use a litigator's skills in the service of our country, its Constitution, and the American people,” Ogden said at his confirmation hearing.Prepared statement of David W. Ogden, acting assistant attorney general of the civil division before the Senate committee on the Judiciary,” Federal News Service, Aug. 4, 1999

After Clinton left the White House, Ogden left the Justice Department. He returned to private practice as a partner at Wilmer Hale, where he is co-chair of the government and regulatory litigation group. After Obama won the presidential election in 2008, Ogden joined the president’s transition team, where he worked as a Justice Department liaison. Obama tapped Ogden to be Attorney General Eric Holder’s deputy attorney general.“President-elect Obama announces key Department of Justice posts,” Press release from Barack Obama’s transition team Web site

Tobacco Litigation

Ogden describes his most significant litigated case as Lorillard Tobacco Company v. American Legacy Foundation, where he represented the American Legacy Foundation, a non-profit dedicated to reducing youth smoking.

In that case, Lorillard charged that the ALF’s public education advertisements included “vilification” and “personal attacks,” and the ALF took the case to court when Lorillard threatened to sue them. Both the Delaware Chancery Court and the Delaware Supreme Court said the advertisements were valid.Biographical information from a questionnaire filled out by David Ogden and accessed from the Senate Judiciary Committee Web site  

Clients

Ogden also represented Shell Oil Co. in a case brought against the company by Nicaraguan workers, and he represented the Pharmaceutical Research and Manufacturers of America in a case against the District of Columbia. Ogden argued that D.C. law essentially had set caps on the price of patented prescription drugs.

Other important Ogden clients include Lebanese American University, the National Association of Broadcasters, the American Psychological Association and Playboy Enterprises, Inc. He wrote a book, “Legal Risk Management for Associations,” which detailed the laws affecting trade and professional associations.

Social Issues

Ogden’s work on behalf of some of his clients drew criticism from conservative values groups, and was the basis for much of his questioning during the confirmation hearings. He represented Playboy in a suit against the federal government when the Library of Congress refused to print Braille versions of the magazine, and argued on behalf of librarians against mandated Internet filtering systems in libraries. He also filed a brief on behalf of the ACLU that supported a man convicted of possession of child pornography. "You've taken some very extraordinary positions, some left-leaning and unorthodox positions," Sen. Jon Kyl (R-Ariz.) said at Ogden’s confirmation hearing.Barrett, Devlin, “Christian right challenges Obama’s Justice picks,” The Associated Press, Feb. 5, 2009 Ogden said he hoped he would not be judged by arguments made for clients and was very clear that he thought “child pornography is abhorrent.”Transcript, “Hearing of the Senate Judiciary Committee: David Ogden,” Federal News Service, Feb. 5, 2009

The social issued slowed Ogden's nomination as some conservative senators were concerned by his past clients. Sen. Richard Shelby said Ogden "is more than just a lawyer who has had a few unsavory clients. He has devoted a substantial part of his career, case after case, for 20 years, in defense of pornography." Nevertheless, he was easily confirmed two months after being nominated for the job."Ogden confirmed as Holder's No. 2 at Justice," The Associated Press, March 12, 2009

Constitutional Scholar

From 1992 to 1995, Ogden, a constitutional scholar, taught a course on the First Amendment at Georgetown University Law Center called “Theories of Free Speech.” He has submitted hundreds of briefs to the U.S. Supreme Court in his two decades of litigation, and he once argued in front of the Supreme Court; he argued that case on behalf of Tony Saffold, a California prisoner who challenged the court’s dismissal of his habeas petition.Carey v. Saffold via Oyez.org Web site The details of the case involve the time period when defendants can file for federal habeas relief in a state conviction. Ogden argued for, and won in a 5-to-4 decision, an expansion of habeas rights that allowed defendants to respond to a lower court’s decision within a reasonable time period without being penalized.“Supreme Court Oral Argument transcript of David W. Ogden,” Via the U.S. Senate Judiciary Committee