Rachel Brand Rachel L Brand Above the Law blog.jpgOkay, working at the U.S. Department of Justice may not be a party these days. But the recently announced, imminent departure of Assistant Attorney General Rachel L. Brand — her last day at the DOJ’s Office of Legal Policy is July 9 — had nothing to do with recent controversies (contrary to some insinuations).
As tout le monde in D.C. legal circles knows, the fabulous Brand — known to some as the Prom Queen — was planning to step down for some time. The reason? She and her husband, Deputy Assistant Attorney General Jonathan Cohn, are expecting a baby boy next month.
The lede of this Reuters report, while technically accurate, is therefore misleading. Thankfully, the Washington Post was more accurate:

[T]he Justice Department announced that Rachel Brand, assistant attorney general for legal policy, is resigning….

Justice officials said she plans to leave July 9 and stay at home with her first child, due this summer.

Brand, who worked on the renewal of the USA Patriot Act last year and the confirmation of two Supreme Court justices in 2005, is not known to have played a direct role in the U.S. attorneys’ removal.

“[N]ot known to have played a direct role” — maybe because she didn’t? If she had, rest assured that Chuck & Friends would have invited her over to Capitol Hill for a televised chat.

[D]epartment officials have said that Gonzales’s former chief of staff, D. Kyle Sampson, asked her whether she might want to replace a Michigan prosecutor who was forced out. Though interested at first, Brand did not apply for the job.

Yes, Brand shrewdly did not throw her hat into that ring. As we previously noted:

In declining to be considered, Rachel Brand showed the excellent judgment that has taken her so far, so fast. Had Rachel Brand replaced Margaret Chiara, she would have been the victim of a mainstream media pile-on. The New York Times editorial board would have derided her as a Bush Administration political hack with no prosecutorial experience (albeit a hack with impeccable academic credentials, including Harvard Law School and a Supreme Court clerkship with Justice Kennedy).

So what’s next for Rachel Brand (in addition to a bouncing baby boy)? She’s rumored to be meeting with various private law firms — and any of them would be lucky to snag this young legal superstar.
Brand has devoted the past six and a half years of her career to government service. She leaves the Bush Administration even more highly esteemed, on both sides of the aisle, than when she came in. This is no small feat, given the controversies that have shaken the DOJ, as well as the highly partisan atmosphere currently prevailing here in Washington.
We congratulate Rachel Brand on her successful leadership of the Office of Legal Policy, and we wish her the best of luck in her future endeavors — including motherhood!
(Disclosure: We’d mention that we are friendly with Rachel Brand, but we know from past experience that many of you don’t like such disclaimers, which come across as shameless name-dropping. So we won’t.)
Correction: An earlier version of this post erroneously identified Jonathan Cohn as Deputy Attorney General, rather than Deputy Assistant Attorney General (his correct title).
Assistant Attorney General Rachel Brand Announces Departure [U.S. Dept. of Justice (press release)]
Bush Is Told to Justify Executive Privilege [Washington Post]
DOJ Loses Brand [The BLT: The Blog of the Legal Times]
Seventh official quits Justice Department [Reuters]
Justice Department Official Resigns [Associated Press]
Earlier: Rachel Brand: The Prom Queen Stays Out of Trouble


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