Acting Associate Attorney General Stuart Delery – who oversees a broad swath of operations in the Justice Department including all the civil lawsuits, civil rights cases and antitrust matters – said in an interview that he will vacate his post April 14 and return to the private sector. He gave no specific reason, other than he wants to spend more time with his 15-year-old and 11-year-old sons.
“It seems like, all things considered, a good time for this,” Delery said. “I’ve had a great experience here.”
In a statement, Attorney General Loretta Lynch said Delery “has been an indispensable source of wisdom, leadership, and inspiration at the Department of Justice, working relentlessly to make the ideals of equal opportunity and equal justice a reality for all.”
“We can all take pride in the many ways he has helped to make this country more fair, more equal, and more just,” Lynch said.
A source familiar with the selection process said the Attorney General is expected to elevate Assistant Attorney General William Baer, who heads the antitrust division, to take Delery’s place.
Delery, 47, who lives in Washington, joined the Justice Department in 2009 from the WilmerHale law firm and headed the department’s civil division before his appointment as associate attorney general in September 2014. He is the highest-ranking openly gay person to serve in the Justice Department and has made a point to thank his husband and children in public remarks.
“They have sacrificed a lot for much longer than they expected,” he said.
During his time at Justice, Delery personally defended the department’s position on Obamacare, the Defense of Marriage Act and the NSA’s bulk collection of Americans’ phone records. He spearheaded an initiative designed to protect service members’ rights, and he was involved in implementing revamped federal policies for same-sex couples.
“That was certainly a highlight of my time here,” he said.
Though he was confirmed previously by the Senate as head of the Justice Department’s civil division, Delery will leave office without ever having receiving the same affirmation as associate attorney general. Senators held a hearing on his confirmation in November but never voted.
At the hearing, Delery was grilled by Republican presidential candidate Sen. Ted Cruz, R-Texas, about a Department of Justice initiative known as Operation Chokepoint, which was meant to ferret out fraud, but which Republicans alleged unfairly affected industries disfavored by the administration, including firearms sellers. An investigation of the operation by the Department of Justice’s Office of Professional Responsibility found no misconduct.
Delery said that though he was never confirmed, he felt “privileged to have had the opportunity to do this job.” He said he was not sure yet where in the private sector he would work.
