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Washington (CNN) - Deputy Attorney General David Ogden, who ran the Justice Department's day-to-day operations, announced Thursday he will soon resign after less than a year in the key post.

Attorney General Eric Holder confirmed the news of the unusually early departure, but gave no indication of any differences between himself and his deputy.

Holder called Ogden "an effective and diligent advocate for the American people."

"I am sorry to see him go, and I thank him for his service to the department and to the nation," Holder said.

Ogden said he would return to his Washington law firm when he steps down on February 5. He said that would provide Holder time to identify his successor and ensure a smooth transition.

"The goals I hoped to achieve when I accepted this position either have been or soon will be fulfilled," Ogden said in a prepared statement. "The Department is in good hands, and I feel I can now return to the private practice I have missed these thirteen months," he said.

Ogden held the position which Holder occupied under former Attorney General Janet Reno.

Washington (CNN) – Federal authorities Thursday indicted 26 suspects in nine states in a wide-ranging scheme to defraud a program intended to help the deaf.

Officials said they arrested conspirators in New York, New Jersey,
Florida, Texas, Pennsylvania, Arizona, Nevada, Oregon and Maryland.

"The individuals charged in connection with today's operation are alleged to have stolen tens of millions of dollars from an important government program that is intended to help deaf and hard-of-hearing Americans communicate with hearing persons," said Lanny Breuer, assistant attorney general for the Justice Department's Criminal Division.

Breuer told reporters the defendants allegedly generated fraudulent call minutes by making it appear that deaf Americans were engaging in legitimate calls with hearing persons. "In reality, the defendants were simply attempting to steal money from an FCC program that is funded by every single American who pays their telephone bills," he said.

The FBI was deeply involved in the investigation, authorities said.

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2/3 of recovered funds come from federal health care fraud, Justice Dept. says.

Washington (CNN) – Two of every three dollars federal authorities recovered from frauds against the government come from health care fraud, a top Justice Department official disclosed Thursday.

As the cost of proposed health care programs is front and center for the president and the Senate, Assistant Attorney General Tony West told reporters that $1.6 billion of the $2.4 billion recovered through lawsuits during the past year was the direct result of fraud against federal health care programs.

The $2.4 billion in settlements and court judgments against defendants
accused of fraud is the second largest annual recovery of civil fraud claims in history, West said.

The Justice Department has stepped up enforcement of health care fraud through the use of regional strike forces.

West said of the 1,040 cases currently under investigation, about 600 deal with health care fraud. A much smaller number deal with defense procurement fraud and other claims.

Most health care fraud charges in recent months have focused on people accused of overcharging Medicare for wheelchairs and other medical devices.

The re-design of the Justice Department Web site.

WASHINGTON (CNN) – The Justice Department became "Justice 2.0" Thursday, unveiling their new Web site and robust social media strategy on Twitter, YouTube, Facebook and MySpace.

Since taking office, the Obama administration has been pushing for transparency in government and cabinet members have been revamping their Web and social media strategies accordingly.

"We'll see what opportunities arise," a Justice spokesperson told CNN on the strategy behind their accounts. "But the basic premise is it is a way to get our message to more people and that message can be received by people where they are online. They don't have to come to us, it can come to them."

The new Justice.gov incorporates a new blog and will have a regularly updated photo and video library (the old site had photos and videos, but were not updated on a regular basis).

The YouTube page currently has five videos explaining the role of the DOJ and the roles of the attorney general, associate AG and deputy AG. Moving forward, the site will feature press conferences, speeches and public service announcements. The Facebook and MySpace pages will act as a clearing house for all the social media the DOJ is pushing. @TheJusticeDept on Twitter will be an informative and educational hub pointing to breaking news, information, quotes form the attorney general, notes from high profile events, and links to new content.

Follow Eric Kuhn on Twitter @KuhnCNN

WASHINGTON (CNN) – The activist community-organizing group ACORN will be the subject of a limited investigation by the Justice Department's inspector general, the internal watchdog office announced Monday.

Inspector General Glenn Fine said he is opening the review in response to a request from the top Republican on a key House Committee.

In a brief letter to Rep. Lamar Smith, R-Texas, Fine said he will investigate whether ACORN applied for or received any Justice Department grant funds, and if so, whether the Justice Department had conducted any audits or reviews of ACORN's use of such funds.

Smith, who also wants the FBI to open a full criminal investigation, is the ranking Republican on the House Judiciary Committee.

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The Justice Department submitted a court filing Monday that called a federal law regarding same-sex marriage 'discriminatory' but asked the court to throw out a challenge to the law.

WASHINGTON (CNN) - President Barack Obama on Monday declared that the Defense of Marriage Act discriminates against gays and lesbians, even as his administration moved in federal court to defend the law.

In a court filing in Los Angeles, Justice Department lawyers urged a federal judge to throw out a case brought by a gay couple married in California.

"The Department of Justice has filed a response to a legal challenge to the Defense of Marriage Act, as it traditionally does when acts of Congress are challenged," the president said in a written statement. "This brief makes clear, however, that my administration believes that the act is discriminatory and should be repealed by Congress."

That did not satisfy leaders of the gay rights community.

"It is not enough to disavow this discriminatory law, and then wait for Congress or the courts to act," said Joe Solmonese, president of the Human Rights Campaign. "While they contend that is the (Department of Justice's) duty to defend an act of Congress, we contend that it is the administration's duty to defend every citizen from discrimination."

In his presidential campaign, Obama had strong backing from the gay community because of his promise to press for repeal of the Defense of Marriage Act.
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CNN has learned that Attorney General Eric Holder is considering appointing a prosecutor to investigate the interrogation practices of the George W. Bush administration.

WASHINGTON (CNN) - Attorney General Eric Holder is leaning toward appointing a prosecutor to investigate the Bush administration's interrogation practices, a source familiar with the process confirmed to CNN.

The source did not want to be identified by name because the process is ongoing, and no decision has been made.

Newsweek, which first reported Holder's inclination to name a prosecutor, also reported that the attorney general has asked his staff for a list of 10 candidates who might serve as that prosecutor if one is named.

A Justice Department official told CNN a decision could come in the next few weeks. The official, who also did not want to be named because of the ongoing process, said that if the attorney general does proceed, it will be a very "narrowly tailored" investigation, looking at only those who might have gone beyond the legal guidance at the time in conducting interrogations.

Such an investigation would counter public statements by President Barack Obama that the nation needs to look forward and not back.

"We have made no decisions on investigations or prosecutions, including whether to appoint a prosecutor to conduct further inquiry," Justice Department spokesman Matt Miller said in a statement Sunday.
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A demonstration in Chicago in 2006 protests the Bush administration's wiretapping program.

WASHINGTON (CNN) – The highly controversial warrantless surveillance program initiated by President George W. Bush began within weeks of the September 11, 2001, terrorist attacks, according to a newly released report to Congress compiled by the inspectors general of the nation's top intelligence agencies, the Pentagon, and the Justice Department.

The report, mandated by Congress, provides context to information that has been leaked in press accounts and buttressed by congressional testimony and in books authored by former officials involved in the surveillance effort.

The report notes that several members of Congress - including then-House Intelligence Committee Chairman Nancy Pelosi - were briefed on the program on October 25, 2001, and a total of 17 times before the program became public in 2005.

Among other things, the report also cites a Justice Department conclusion that "it was extraordinary and inappropriate that a single DOJ attorney, John Yoo, was relied upon to conduct the initial legal assessment of the (surveillance program)."

"The lack of oversight and review of Yoo's work ... contributed to a legal analysis of the (program) that at a minimum was factually flawed," it says.

Full story

WASHINGTON (CNN) - The Justice Department informed a federal court Thursday that it now needs until the end of August to complete its review of a CIA internal investigation of its controversial interrogation and detention program.

In a letter to Judge Alvin Hellerstein, Justice officials said the 2004 Inspector General's report had to be considered in relationship to 318 other documents under court-ordered review.

Justice Department Spokeswoman Tracy Schmaler said some of the information contained in the 2004 report related to information contained in the other CIA documents. "Because of the overlap, we cannot complete the review of the report before the review of this other set of documents," said the spokeswoman.

The court had ordered the review of all of the CIA documents to be completed by August 31, but the government had said it would expedite its consideration of the inspector-general report, setting a deadline of June 19 - a deadline it has extended twice.

In the letter to the court, the Justice attorneys said, "Given the sensitivity of the information at issue, and the need for coordination among multiple components of the government, the review of the remanded documents is a time consuming and labor intensive exercise."
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WASHINGTON (CNN) - The Justice Department has once again delayed the release of the CIA's internal investigation of its controversial interrogation and detention program.

The government had intended to complete its review of the 2004 Inspector General report two weeks ago. But continued interagency debate about how much of the secret report could be made public pushed back the deadline. Last week the Justice Department sent a letter to the Judge overseeing the Freedom of Information Act lawsuit saying it needed until July 1 to complete the process.

A Justice Department official told reporters on Wednesday the lawyers were still pouring through the material. White House Spokesman Robert Gibbs said it was doubtful the inter-agency review would be completed this week.

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WASHINGTON (CNN) - The Obama administration has promised to classify photos of alleged U.S. abuse of prisoners and detainees if that is necessary to keep the controversial photos under wraps, a senior Republican senator announced Wednesday.

Sen. Lindsay Graham, R-South Carolina, informed Attorney General Eric Holder at a Judiciary Committee hearing that Graham had just won the promise from the White House chief of staff.

"A moment ago Rahm Emanuel indicated to me that the president will not let these photos see the light of day," Graham told Holder at a packed Committee hearing.

Graham is pressing for a congressional prohibition against the release of hundreds of allegedly explosive photos of prisoner abuse that U.S. military leaders in Iraq and Afghanistan believe would fuel anger in the region and endanger U.S. troops.

But if the Congress fails to act and the courts rule against the administration, it would be left to the president to find a way to keep the photos from being released.

"I think having Congress act would be a preferred way," Holder replied.
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Rep. Barney Frank says the Obama administration made a 'big mistake' on a Justice Department brief supporting the Defense of Marriage Act.

(CNN) – Four days after the Justice Department filed a brief strongly supporting the Defense of Marriage Act, openly gay Rep. Barney Frank said the Obama administration made a "big mistake" and is calling on the president to clearly explain his views on the matter.

"I think the administration made a big mistake. The wording they used was inappropriate," the Massachusetts Democrat told the Boston Herald during an interview published in the paper's Wednesday edition.

Update: Rep. Frank has since said his comments were based on a flawed description of the administration's brief and believes President Obama does not deserve criticism for the document. (full statement below)

Many gay activists have called on Frank and other gay members of Congress to speak out against the recent DOJ brief, which appeared to equate gay marriage to incest in its reasoning that states have the right not to recognize gay marriages from other states.

The brief says states favor heterosexual marriages because they are the "traditional and universally recognized form of marriage," and specifically argued that the Constitution's "full faith and credit" clause - whereby states have to respect the "public acts, records, and judicial proceedings" - does not apply to gay marriage just as it does not apply to mariages involving incest.

"I've been in touch with the White House and I'm hoping the president will make clear these were not his views," Frank also said.

(Updated below the jump with latest Frank statement)

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Stephen Tyrone Johns was shot and killed while working at the U.S. Holocaust Memorial Museum on Wednesday.

WASHINGTON (CNN) - Justice Department sources say no preliminary decisions have been made on what charges may be brought against the gunman in the Holocaust Memorial shootings, if the shooter survives his gunshot wounds.

Officials said it was likely that the Metropolitan Police Department may lead the investigation if a decision is made to proceed with firearms or shooting charges, while the FBI will likely be the lead if evidence leads them to file federal civil rights-related charges.

An official says if the shooter survives, charges can be brought against him whether or not he is physically able to appear in court, and if and when he becomes physically able to do so the prosecution would then commence. But it will likely be hours - maybe days - before a decision is made.

Prosecutors had no information on the suspect's medical condition.

UPDATE, 5:55 p.m.: Now that security guard Stephen Tyrone Johns has died, the rifle used by the suspect has potentially become a murder weapon. It is currently in the hands of the U.S. Park Police, which has asked the Bureau of Alcohol, Tobacco and Firearms to urgently trace the weapon.

The ATF has asked its weapons tracing center in West Virginia to expedite a trace on the rifle, which could be completed by tomorrow. The trace should at a minimum provide the original sale and ownership of the weapon. The ATF is also trying to determine where the weapon has been, and how it came to be used in the deadly shooting at the Holocaust Museum.

One of many questions is whether the suspect was a convicted felon who should either have turned in his weapons or been barred from owning them.

Related: Guard killed during museum shooting

WASHINGTON (CNN) - The Obama administration has informed a federal judge it will continue to invoke the "state secrets" privilege in a legal battle with an Islamic charity suspected of funding terrorism.

The United States has designated the Oregon-based al-Haramain Islamic Foundation as a terrorist organization. The group, which has sued the government over alleged warrantless wiretapping, is demanding classified information about the program.

U.S. officials have refused to tell the charity's lawyers whether the group was subjected to presidentially authorized, warrantless, foreign intelligence surveillance in 2004 and, if so, what information was obtained.

In a court document filed overnight in San Francisco and released early Saturday in Washington, the Justice Department said its case-by-case review of the government's use of the state secrets defense has not changed its position in the al-Haramain case.

The defense allows courts to block lawsuits against the government on grounds that the litigation could harm national security.

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Attorney General Eric Holder says the government can fight terrorism while also honoring the Constitution.

WASHINGTON (CNN) - The Obama administration Monday released nine previously secret internal Justice Department memos and opinions defining the legal limits of government power in combating terrorism.

The Bush administration had refused to make the documents public, rejecting demands from congressional Democrats.

The release ends a tug-of-war over copies of controversial legal guidance from the post-9/11 period that advocated greatly expanded executive power to combat terrorism.

Among the documents from the Justice Department's Office of Legal Counsel (OLC) is a 2001 memo declaring that in terrorism cases the military may conduct searches in the United States without a warrant if approved by the president.

"We conclude that the president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States," wrote John Yoo, then a deputy assistant attorney general. "We further believe that the use of such military force generally is consistent with constitutional standards, and that it need not follow the exact procedures that govern law enforcement operations." Read the memo

The October 23, 2001, memo was sent to then-White House Counsel Alberto Gonzales. Gonzales later became Bush's attorney general.

Full story

Eric Holder is a former federal prosecutor and served as deputy attorney general during the Clinton administration.

WASHINGTON (CNN) - Arriving at the Justice Department to a thunderous round of applause, former federal prosecutor and Deputy Attorney General Eric Holder was sworn in Tuesday as America's top law enforcement officer.

Holder, 58, officially seized the reins of a department battered and demoralized by a series of controversies during the Bush administration, from questions about how it laid the legal groundwork for harsh interrogations of suspected terrorists to the sackings of top federal prosecutors in several cities.

He is the nation's first African-American attorney general confirmed to the post.

Watch: Holder sworn in as AG

"It's a new day," Holder said to hundreds of enthusiastic political and career employees lining the hallways and staircases to greet their once and future boss. "It's great to be back."

Full story

Eric Holder will become the country's first African-American Attorney General once he's sworn in after being confirmed by the Senate Monday.

WASHINGTON (CNN) - The U.S. Senate confirmed Eric Holder as attorney general Monday, voting 75-21 to place him in charge of the Department of Justice.

Holder, 58, is a former federal prosecutor and served as deputy attorney general during the Clinton administration. His confirmation makes him the first African-American confirmed to the post, though he held the job on an acting basis in early 2001.

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Mark Filip is a Bush holdover.

WASHINGTON (CNN) – Acting Attorney General Mark Filip who served as Deputy Attorney General under former President Bush has taken the reigns at the Justice Department while awaiting the confirmation of Eric Holder.

A Senate committee is currently scheduled to consider Holder's nomination as Attorney General later Wednesday, but some Republicans on the panel have indicated they plan to seek a delay because of lingering questions about Holder's role as Deputy Attorney General during the Clinton Administration.

The balking Republican lawmakers have indicated they want additional answers from Holder, who appeared before the panel last Thursday. The threat of a delay prompted a strong reaction from Committee Chairman Patrick Leahy, D-VT.

"It would look like a horrible double standard for those who enthusiastically voted unanimously for Alberto Gonzales to turn down the first African-American, or hold up the first African American to be Attorney General," Leahy said.

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WASHINGTON (CNN) - President-elect Obama has asked all U.S. Attorneys to "continue to serve for the time being" and is not demanding immediate wholesale resignations of Bush political appointees, the Justice Department announced Wednesday.

In addition, Obama's transition team has asked current Deputy Attorney General Mark Filip, also a Bush appointee, to serve as Acting Attorney General replacing outgoing Attorney General Michael Mukasey.

Filip, a former federal judge from Chicago who has served in the number two position at the Justice Department for eight months, is expected to head the Justice Department until Attorney General designee Eric Holder is confirmed by the Senate.

The handling of U.S. Attorney departures is politically sensitive, after grumbling caused by the immediate firing of all but one U.S. Attorney by President Clinton when he assumed office, and outright anger over the firing of nine U.S. attorneys by the Bush Administration two years ago for what were widely viewed as politically-motivated dismissals.

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Bradley Schlozman testified before Congress in 2007.

WASHINGTON (CNN) – A long-awaited Justice Department report on the troubled Civil Rights Division says a politically-motivated former chief of the Division violated a federal hiring law and made false statements to Congress about his controversial hiring practices.

Bradley Schlozman, however, will not be prosecuted. The report says the U.S. Attorney's Office for the District of Columbia decided last week not to prosecute Schlozman for the violations found by investigators for the Inspector General.

The 65-page report by Inspector General Glenn Fine describes Schlozman as a staunch conservative who tried to punish liberal employees within the Civil Rights Division.

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