Rachel Brand, DOJ's No. 3, Leaves for Walmart Top Legal Post
Rachel Brand, the third-in-command at the U.S. Justice Department, is leaving the agency to become head of global corporate governance at Walmart Inc. Walmart was looking internally and externally to fill the post. Brand's tenure at DOJ lasted less than a year.
February 09, 2018 at 06:03 PM
4 minute read
Rachel Brand, right, sitting next to Deputy Attorney General Rod Rosenstein. March 2017. Credit: Diego M. Radzinschi
Rachel Brand, the third-in-command at the U.S. Justice Department, is leaving the agency to become head of global corporate governance at Walmart Inc.
“It's a perfect fit for her. She didn't seek this out, they sought her out,” said Wilmer Cutler Pickering Hale and Dorr partner Jamie Gorelick, who earlier worked with Brand at the Washington law firm. ”It was something she could not turn down.”
Brand has served as the associate attorney general since May 2017, reporting to the deputy, Rod Rosenstein, and U.S. Attorney General Jeff Sessions. The New York Times first reported the news of Brand's departure.
“The men and women of the Department of Justice impress me every day,” Brand said in a statement. “I am proud of what we have been able to accomplish over my time here. I want to thank Attorney General Sessions for his leadership over this Department. I've seen firsthand his commitment to the rule of law and to keeping the American people safe.”
Brand would become a top legal officer at Walmart, a move that follows the Jan. 31 retirement of Jeffrey Gearhart. In 2012, Gearhart was promoted to head of global governance. Walmart, the world's largest retailer, had been searching internally and externally for Gearhart's successor.
Brand will oversee Walmart's legal department, in addition to ethics and compliance and global investigations.
“We are fortunate to have a leader of Rachel Brand's stature join the company,” Walmart CEO Doug McMillon said in a statement. “We have strengthened our governance capabilities and Rachel will help us continue on that journey. Her strong character, capabilities and experience will enable her to contribute broadly as we shape the future of Walmart and strive to serve our customers even more effectively.”
Brand, a former Wilmer Hale partner with prior DOJ experience, joined Main Justice from the U.S. Chamber of Commerce, where she was chief counsel for regulatory litigation.
In a statement, Sessions called Brand a “lawyer's lawyer.”
“Rachel has shown real leadership over many important divisions at the department,” Sessions said. “I know the entire Department of Justice will miss her, but we join together in congratulating her on this new opportunity in the private sector. She will always remain a part of the Department of Justice family.”
Brand's position at DOJ put her next in line to oversee the special counsel, Robert Mueller, who is investigating Russian interference in the 2016 election. Deputy Attorney General Rod Rosenstein took over that investigation following Sessions' recusal and appointed Mueller in May last year.
President Donald Trump reportedly said in recent weeks that he wanted Rosenstein removed from his post. Last week, Trump authorized the release of House Republican memo that showed Rosenstein approved a reauthorization application to the Foreign Intelligence Surveillance Court to monitor former Trump campaign adviser Carter Page. Asked by reporters after the release if Trump would fire Rosenstein, he replied ”you figure that one out.”
With Brand out, U.S. Solicitor General Noel Francisco would take over supervision of Mueller, according to a March 2017 executive order dictating the line of succession at DOJ.
Cogan Schneier contributed reporting from Washington.
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