In September 1999, under his leadership, the Civil Division filed the United States' high profile lawsuit against the tobacco industry.

[7] On January 5, 2009, President-elect Barack Obama announced he would nominate Ogden to be deputy attorney general.

[9] Ogden's nomination was criticized by conservative groups that objected to some of his previous legal work, such as litigation under the First Amendment on behalf of adult entertainment companies including Playboy and Penthouse and amicus briefs on behalf of the American Psychological Association in constitutional litigation involving abortion and gay rights.

[13] As deputy attorney general, Ogden set new Justice Department policy in connection with criminal and civil discovery to fulfill the department's obligations to disclose exculpatory information to criminal defendants;[14] providing new law enforcement resources to help Native American tribal communities combat violence against women and children;[15][16] redoubling federal efforts to combat health care fraud;[17] and accommodating federal enforcement policy to laws in several states legalizing medicinal use of marijuana.

[19][20] According to news accounts, Ogden stepped down in part because of disagreements with Attorney General Eric Holder over management issues.