James M. Cole

Cole earned a B.A. degree in 1975 from the University of Colorado Denver and a J.D. degree from the University of California, Hastings College of the Law in 1979.{{Cite web |url=http://www.bryancave.com/jmcole/ |title=James M. Cole | website = Bryan Cave |access-date=2010-05-24 |archive-url=https://web.archive.org/web/20100524121043/http://www.bryancave.com/jmcole/ |archive-date=2010-05-24 |url-status=dead }}

Cole worked in the United States Department of Justice for 13 years, from 1979 until 1992, when he entered private practice.{{cite web|title=Obama taps Clinton vet|publisher=Politico|date=May 21, 2010|url=http://www.politico.com/politico44/perm/0510/obama_taps_cole_for_deputy_a_g_29bf7c52-b7d7-43b9-85d7-14b9e97bc7f8.html|accessdate=December 29, 2010}} During his time in the DOJ's Public Integrity Section, Cole successfully prosecuted two federal judges on corruption charges, including Judge Robert Frederick Collins in 1991. Even after leaving the DOJ, Cole remained involved in matters related to the federal government, serving in 1996 and 1997 as the special counsel to the United States House Committee on Standards of Official Conduct (known as the House Ethics Committee) during the investigation of Newt Gingrich on ethics violations.

Cole was a partner at the law firm Bryan Cave LLP from 1995 until December 2010.{{cite news| url=http://thepage.time.com/obama-to-nominate-james-m-cole-as-deputy-ag/ }}{{dead link|date=July 2021|bot=medic}}{{cbignore|bot=medic}}

In 2004, Cole and his law firm were hired as part of a 2004 agreement with the government to monitor AIG's regulatory compliance, financial reporting, whistle-blower protection and employee retention policies, submitting confidential reports to the Justice Department and the Securities and Exchange Commission.{{cite news|last1=Johnston|first1=Nicholas|last2=Blum|first2=Justin|title=Obama Said to Pick Lawyer Cole for No. 2 Justice Job|publisher=Bloomberg Businessweek|date=May 21, 2010|url=http://www.businessweek.com/news/2010-05-21/obama-said-to-pick-lawyer-cole-for-no-2-justice-job-update2-.html|archive-url=https://web.archive.org/web/20110303122146/http://www.businessweek.com/news/2010-05-21/obama-said-to-pick-lawyer-cole-for-no-2-justice-job-update2-.html|url-status=dead|archive-date=March 3, 2011|accessdate=December 29, 2010}}

After serving as Deputy Attorney General, Cole moved to Sidley Austin, where he was made partner.

On May 21, 2010, President Barack Obama nominated Cole for Deputy Attorney General to replace David W. Ogden, who returned to private law practice. Senate Republicans blocked his confirmation vote.{{cite news |url=http://voices.washingtonpost.com/44/2010/12/james-cole-appointed-to-deputy.html |archive-url=https://web.archive.org/web/20120112033501/http://voices.washingtonpost.com/44/2010/12/james-cole-appointed-to-deputy.html |url-status=dead |archive-date=January 12, 2012 |newspaper=The Washington Post |title=James Cole appointed to deputy AG job; new ambassador dispatched to Syria}} He waited five months for a Senate vote on his nomination, the longest delay to fill that position in 30 years, before Obama gave him a recess appointment on December 29.

On May 5, 2011, U.S. Senate Majority Leader Harry Reid filed for cloture of Cole's nomination on which a roll call vote was held on May 9, 2011. The motion, which required 60 votes to be agreed to, was rejected by a vote of 50-40 with 10 Senators not voting.[https://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=112&session=1&vote=00067 U.S. Senate Roll Call Vote #67, 112th Congress, 1st Session, May 9, 2011]

On June 23, Reid announced on the Senate floor that a full Senate vote on Cole's nomination would take place on June 28. Earlier in the week, Reid had reached a unanimous consent agreement with Republican leaders in the Senate to pave the way for a vote on the nominations of Cole and two other nominees to Department of Justice positions without the need for another cloture vote.https://www.senate.gov/legislative/LIS/executive_calendar/xcalv.pdf {{Bare URL PDF|date=March 2022}} The Senate then confirmed Cole in a 55–42 vote on June 28.

On June 29, Cole authored a letter expressing the federal government's new policy regarding the enforcement of marijuana offenses in states which have medical marijuana laws. This memo effectively rescinded the previous mandate directing federal resources only for those not compliant with state law. The new policy disregarded state law compliance and instead authorizes enforcement on all "persons who are in the business of cultivating, selling, or distributing marijuana and those who knowingly facilitate such activities".

In August, Cole announced that the Department of Justice would file suit to prevent AT&T acquiring T-Mobile from Deutsche Telekom, saying that would lead to "tens of millions of consumers in the United States facing higher prices, poorer quality services, fewer choices, and lower quality products for their mobile wireless service."[https://www.forbes.com/sites/afontevecchia/2011/08/31/department-of-justice-files-to-block-att-t-mobile-deal-reports-say/ Department Of Justice Files To Block AT&T/T-Mobile Deal], Forbes, August 31, 2011. AT&T subsequently withdrew its application for Federal Communications Commission approval of the deal.[https://www.latimes.com/business/la-xpm-2011-nov-25-la-fi-att-merger-setback-20111125-story.html AT&T withdraws T-Mobile merger plan from FCC] Attorney General Eric Holder said that Cole "ultimately authorized the subpoena" to secretly obtain phone records from The Associated Press.{{cite news|first=Mike |last=Levine |title=Holder says AP probe handled by deputy after he recused himself |publisher=Fox News |date=2013-05-14 |accessdate=2013-05-15 |url=http://www.foxnews.com/politics/2013/05/14/holder-recuses-himself-from-doj-probe-associated-press-phone-records/|archive-url=https://web.archive.org/web/20130514231828/http://www.foxnews.com/politics/2013/05/14/holder-recuses-himself-from-doj-probe-associated-press-phone-records/|url-status=dead|archive-date=May 14, 2013}}

In February 2012, Joseph Rannazzisi, chief of the Drug Enforcement Administration's Office of Diversion Control, issued immediate suspension orders against Cardinal Health's supply of oxycodone to suspected pill mills.{{cite news|last1=Lenny Bernstein|last2=Scott Higham|author2-link=Scott Higham|title=Investigation: The DEA slowed enforcement while the opioid epidemic grew out of control|url=https://www.washingtonpost.com/investigations/the-dea-slowed-enforcement-while-the-opioid-epidemic-grew-out-of-control/2016/10/22/aea2bf8e-7f71-11e6-8d13-d7c704ef9fd9_story.html|accessdate=17 March 2017|newspaper=The Washington Post|date=22 October 2016}} Deputy Attorney General Cole then called Rannazzisi to a meeting at Justice Department headquarters where Cole warned him "it made good sense to listen to what Cardinal had to say". Rannazzisi was fired from the drug diversion office in August 2015. Cardinal was never fined.

In a 2014 meeting, Cole said a new encryption policy for iMessage would hinder criminal investigations.{{cite web|url=https://www.wsj.com/articles/apple-and-others-encrypt-phones-fueling-government-standoff-1416367801|title=Apple and Others Encrypt phones, Fuelling Government Standoff|last=Barnet|first=Devlin |author2=Danny Yardon|date=2014-11-18|work=Wall Street Journal|publisher=Dow Jones|accessdate=9 July 2015}}

{{Anchor|Cole Memorandum}}

{{main|Cole Memorandum}}

On August 29, 2013, the Department of Justice published a memorandum authored by Cole which described a new set of priorities for federal prosecutors operating in states which had legalized the medical or other adult use of marijuana.{{cite web|title=Cole memo|url=http://medicalmarijuana.procon.org/sourcefiles/cole-DOJ-memo-aug-2013.pdf|website=medicalmarijuana.procon.org|publisher=ProCon|accessdate=24 April 2015|archive-date=22 March 2015|archive-url=https://web.archive.org/web/20150322034353/http://medicalmarijuana.procon.org/sourcefiles/cole-DOJ-memo-aug-2013.pdf|url-status=dead}} It followed a 2009 memorandum from Deputy Attorney General David W. Ogden directing U.S. Attorneys in the Western United States to "not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana".{{citation|publisher=United States Department of Justice|title=States of Nebraska and Oklahoma, plaintiffs v. State of Colorado - on motion for leave to file a bill of complaint brief for the United States as amicus curiae|author=Donald B. Verrilli, Jr.|display-authors=etal|date=December 16, 2015|url=https://www.justice.gov/sites/default/files/osg/briefs/2015/12/22/original_no._144_us_cvsg_br.pdf|author-link=Donald B. Verrilli, Jr}} The memorandum was rescinded by Attorney General Jeff Sessions on January 4, 2018.{{citation|newspaper=The New York Times|title=Trump Administration Takes Step That Could Threaten Marijuana Legalization Movement|author=Charlie Savage |author2=Jack Healy|date=January 4, 2018|url=https://www.nytimes.com/2018/01/04/us/politics/marijuana-legalization-justice-department-prosecutions.html}}

{{Reflist|30em}}

• [https://www.justice.gov/dag/ Office of the Deputy Attorney General]
• [https://web.archive.org/web/20100524121043/http://www.bryancave.com/jmcole/ Bryan Cave profile]
• {{C-SPAN|47624}}

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{{s-bef|before=Gary Grindler
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{{s-ttl|title=United States Deputy Attorney General|years=2010–2015}}

{{s-aft|after=Sally Quillian Yates
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Category:1952 births

Category:American lawyers

Category:Living people

Category:Lawyers from Evanston, Illinois

Category:Recess appointments during the Obama administration

Category:United States deputy attorneys general

Category:University of California College of the Law, San Francisco alumni

Category:University of Colorado Boulder alumni