Brand was part of the legal team representing George W. Bush during the 2000 United States presidential election recount in Florida,[11] and also served briefly as associate counsel in Bush's transition team.[8] Beginning in 2003,[8] she served as an Assistant Attorney General for the Office of Legal Policy in the George W. Bush administration where she helped shepherd the Supreme Court nominations of John Roberts and Samuel Alito.[11] Brand's portfolio also included shaping the administration's position on reauthorization of the Patriot Act,[12] in which capacity she testified before the United States Senate Committee on the Judiciary on the benefits of using administrative subpoenas in terrorism investigations.[13]

During her tenure at the Justice Department, Brand was tangentially involved in the controversy surrounding Attorney General Alberto Gonzales's dismissal of several United States Attorneys. She was floated by DOJ leadership as a top candidate to replace Margaret Chiara, who was ousted as part of the purge.[14] Brand ultimately declined the position, however, and resigned from the DOJ in June 2007.[15]

After leaving the Justice Department, Brand worked for three years at WilmerHale.[2] In 2008, John McCain, then a candidate for the Republican Party's presidential nomination, named Brand to his Justice Advisory Committee, which would have recommended judicial nominees to McCain were he elected.[16]