An Independent, he was nominated for the position on September 4, 2001, by Republican President George W. Bush and unanimously confirmed by the United States Senate on October 23, 2001.

Between his tenures as United States Attorney, he was a partner in the Nevada law firm of McDonald Carano Wilson LLP.

When Bogden was fired, Nevada US Senator John Ensign (R), who had originally nominated him, was decidedly unhappy, particularly after hearing explanations by the Justice Department of the reasons.

[10] On August 25, 2016, Bogden joined with the Federal Trade Commission (FTC) in filing a lawsuit against the OMICS Group and Srinubabu Gedela, the president of the conglomerate[11][12] The action was taken partly in response to on-going pressure from the academic community to act against predatory publishers and the organizers of predatory conferences.

[13] The complaint was lodged with the United States District Court for the District of Nevada and alleges that the defendants have been "deceiving academics and researchers about the nature of its publications and hiding publication fees ranging from hundreds to thousands of dollars"[12] and notes that "OMICS regularly advertises conferences featuring academic experts who were never scheduled to appear in order to attract registrants"[13] causing attendees to "spend hundreds or thousands of dollars on registration fees and travel costs to attend these scientific conferences.