Executive Branch Profile JOYCE E. KITCHENS “Managing Partner” of the “World’s Largest Law Firm” Larry D. Thompson, Deputy Attorney General WHEN THE GOING gets tough, get Larry Thompson. “If there’s With his trademark understatement, Thompson describes his new post as “very interesting and challenging.” Even anyone I want in Washington at a time of crisis, it is Larry in years past, the post of deputy attorney general has been Thompson,” declared criminal defense attorney Jerome J. considered one of the most critical, and demanding, in the executive branch. Essentially serving as managing partner of (Jerry) Froelich Jr. what is often called “the world’s largest law firm,” the deputy attorney general (known in DOJ parlance as DAG) serves as the department’s second-in-command — the chief operating One of Thompson’s former partners at Atlanta’s King & officer, with responsibility for the day-to-day operations of a Spalding,H. Lane Dennard Jr., echoed that sentiment: “When sprawling bureaucracy of more than 125,000 employees and the chips are down, you want Larry Thompson on your side. a budget of $21 billion. Every single component of the depart- Larry gave up a lot for what he is doing, but he is the kind of ment reports to the deputy attorney general, who has direct person we need in public service” — now more than ever. oversight of components with criminal jurisdiction — com- In a brief statement at his April 5 confirmation hearing ponents such as the criminal division and the FBI, as well as before the Senate Judiciary Committee, the deputy attorney the Drug Enforcement Administration, the Federal Bureau general-designate — a longtime FBA member and an alum- of Prisons, the U.S. Marshals Service, the Immigration and nus of the FBA’s Government Relations Committee — out- Naturalization Service, Interpol, and the Executive Office lined his goals for the Department of Justice. He testified for U.S. Attorneys (including the offices of the 94 U.S. attor- that he planned to focus on the “traditional role of law en- neys all across the country). Other components — generally forcement,” and pursue cases involving multinational drug those with civil responsibilities (such as the civil division, civil traffickers and terrorists. No one could have imagined at rights, antitrust, tax, and environment and natural resources) the time how prophetic his words would be — even though — report to the DAG through the associate attorney general. DOJ’s ongoing investi- Before the world changed on Sept. 11, Thompson’s many gation into the Sept. 11 responsibilities included meeting regularly with other dep- attacks, unprecedented uties of other agencies on matters of national security and in its scope, is anything overseeing management review of all 94 offices of the U.S. but “traditional.” Larry attorneys, as well as developing the 2003 budget, perfor- Thompson is making mance measurements for the departments and their compo- history. nents, and conducting management reviews of the FBI. He is The President’s Feb. also charged with reporting to the attorney general on a port- 14 announcement of folio of legal policy issues, including racial profiling in federal Thompson’s nomina- law enforcement and issues related to capital punishment. tion as deputy attorney Now Thompson also finds himself in the thick of the general drew accolades most massive law enforcement investigation ever mounted, from such disparate with virtually all the key players — including the FBI, the groups as the National criminal division of the Justice Department, and the U.S. at- Fraternal Order of Po- torneys’ offices all across the country — reporting to him. lice and the National And he is at the center of ongoing debates over whether Association of Crimi- (and, if so, how) to restructure the FBI. On the table are nal Defense Lawyers. proposals for massive reorganization of the elite police force Though some cynics agency into a counterterrorism organization. opined that the appoint- Like Attorney General Ashcroft (who served the “Show ment was designed in Me State” as attorney general, governor, and U.S. senator), part to help blunt criticism that Attorney General Ashcroft the deputy attorney general is a native Missourian. Born in was insensitive to race issues, there was no room to dispute 1945, the son of a railroad laborer, Thompson attended seg- that Thompson’s credentials for the position were — in the regated schools in Hannibal, Mark Twain’s hometown on the words of the Senate Judiciary Committee’s chair — “unsur- banks of the mighty Mississippi. He noted in his confirma- passed.” tion testimony that, growing up, he “could not have imagined 40 years ago” that he would one day stand before the Senate willing to put in time and effort, and, as a result, those work- as the President’s nominee for such a lofty post. ing with him willingly do the same,” praised Joe Whitley. The deputy attorney general is a 1967 cum laude gradu- As U.S. attorney, Thompson worked hard to maintain ate of Culver–Stockton­­ College in Canton, Miss., which was good relationships not only with agency clients but also named last year as one of America’s best Christian colleges. with opposing defense counsel. Jerry Froelich remembered He received his master’s degree from Michigan State Univer- defending a drug case in Rome, Ga., with two or three Af- sity in 1969 and his law degree from the University of Mich- rican-American jurors on the panel. “Larry came in on the igan in 1974. He passed the Missouri bar that same year and third day of the case, and sat at the prosecution table. I filed launched his career in the Legal Department at Monsanto a motion to dismiss for the prosecution’s effort to influence Corp., where he worked alongside future Supreme Court Jus- the jury. Some prosecutors take that kind of thing personally, tice Clarence Thomas. (Years later, Thompson would repre- but Larry took it in good humor, and we became friends.” He sent Thomas in his contentious 1991 Supreme Court confir- mation hearings, helping Thomas defend himself against the sexual harassment allegations of law professor Anita Hill.) King & Spalding first got a good look at the future dep- uty attorney general when the firm was retained to represent Monsanto in a case. The firm knew a good thing when it saw it and “poached” Thompson for private practice. He moved to Atlanta and joined the firm in 1977, working in its liti- gation and antitrust departments. Judge Clarence Cooper of the U.S. District Court for the Northern District of Georgia recalled the time he was approached by Dr. Calvert Smith, president of Morris Brown College in Atlanta. The college was experiencing financial difficulties and was embroiled in a number of lawsuits, both as plaintiff and defendant. Dr. Smith asked Judge Cooper to refer him to a “talented, aggres- sive attorney” and Judge Cooper recommended Thompson. Dr. Smith later told Judge Cooper that hiring Thompson was the best move he ever made as college president. Many of the lawsuits “disappeared,” and the remainder were won or settled. “Larry Thompson and King & Spalding answered the call, and did a superb job,” Judge Cooper remembered. Portrait by Lu Steed In 1982, President Reagan named Thompson as U.S. at- added, “When he was U.S. attorney, we didn’t always agree, torney for the Northern District of Georgia. In that capacity, but he always listened.” Thompson directed the Southeastern Organized Crime Drug Thompson returned to King & Spalding at the end of his Enforcement Task Force and served on the attorney gener- term, in 1986, and resumed his practice, focusing primarily al’s Economic Crime Council. And his tenure helped usher on white-collar criminal defense and corporate investiga- the U.S. attorney’s office into a new era of professionalism. tions. Asked to recount some of the highlights of that work, “He was a great U.S. attorney. One of his strongest talents he demurs. “The cases I’m most proud of, I can’t discuss.” is his ability to get people to talk and work with each other. But when pressed, he notes that, in at least three cases, he has Under his leadership, we had one of the most cohesive drug been able to convince the government that investigation was enforcement task forces,” said Joe D. Whitley, former U. S. not warranted, and that continued investigation would cause attorney for the Middle and Northern Districts, now a part- irreparable harm. In one case, he persuaded the government ner at Alston & Bird. “One of the greatest gifts Larry left for to withdraw a grand jury subpoena. the people who came after him as U.S. attorney … was the Hon. Norman S. Fletcher, chief justice of the Supreme assistant U.S. attorneys he hired. He has an eye for talent, Court of Georgia, recounted Thompson’s defense of a friend ability, and people who can get the job done.” of his. “It is a pleasure to … see how [Thompson] works. He Amy Levin Weil, one of the assistant U.S. attorneys always plays by the rules. He is so professional in the way whom Thompson hired, enthuses, “He was a great boss — he handles things. He stands by his clients, believes in them, very supportive of the assistants and their work. He had good and will always go the extra mile.” The chief justice added, people sense, and was a really good leader. He was interested “Anything you would write praising Larry Thompson, you in working on cases himself and staying in touch with cases.” can attribute to me.” Indeed, Thompson occasionally tried cases himself, just to After chairing Georgia Lawyers for George Bush (the fa- show he could get “down in the trenches.” ther of the current President), Thompson declined the elder And Thompson’s work ethic has long been the stuff of President Bush’s invitation to serve as assistant secretary of legends.