John B. Bellinger III
Encyclopedia
John B. Bellinger, III was the Legal Adviser
to the United States Secretary of State
. He was sworn in on April 8, 2005. He was the principal adviser on all domestic and international law matters to the Department of State
, the Foreign Service
, and the diplomatic and consular posts abroad. He was also the principal adviser on legal matters relating to the conduct of foreign relations to other agencies and, through the Secretary of State, to the President
and the National Security Council
.
Bellinger joined the Department of State in January 2005 as Senior Advisor to Secretary Condoleezza Rice
, having previously co-directed her State Department transition team. From February 2001 to January 2005, Bellinger served as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House
. As Legal Adviser, he provided legal advice to President George W. Bush
, National Security Adviser Condoleezza Rice, NSC Principals, and NSC and White House staff on a broad range of national security and international legal matters. He was one of the principal drafters of the 2004 law that created the Director of National Intelligence. During this time Bellinger's apprehension regarding the legality of proposed administration policy sometimes brought him into conflict with more conservative members of the administration on issues broadly relating to the President's powers during wartime, and specifically the use of torture by the government.
Bellinger is a member of the Council on Foreign Relations
and the American Council on Germany and a Fellow of the British-American Project
. In Spring 2010, he stayed at the American Academy
in Berlin.
Bellinger is a former Vice Chairman of the Board of Governors of his alma mater, St. Albans School
. He and his wife, Dawn, live in Arlington, Virginia, with their two daughters.
Mail on Sunday
, in 2003 Bellinger played a key role in persuading a wavering Lord Goldsmith
, British Attorney General
, of the legality of the Iraq War
. Bellinger was reported to have said: "We had a problem with your Attorney General who was telling us it was legally doubtful under international law
. We straightened him out."
On 15 February 2006 the Department of Defense
issued a press release, quoting Bellinger, entitled: "Guantanamo Detainees Being Held Legally, Official Says"
The press release quoted Bellinger as arguing:
It reported:
David Ignatius
, reported in The Washington Post
that Bellinger had backed a recommendation of the 9/11 Commission
that the United States join with her allies to negotiate a new approach to dealing with combatants who stood outside the already established International conventions.
Ignatius quoted a passage from the 9/11 Commission's report that he asserted Bellinger supported:
In a June 2008 article in The Washington Post
, Michael Abramowitz reported that the White House dismissed legal advice on detainees, repeatedly ignoring warnings from inside and outside the administration. Bellinger was quoted as saying in an August 2006 email, "I can virtually guarantee you, without a legislative basis, federal courts are not going to be willing to uphold the indefinite detention
of unlawful combatants."
Bellinger now believes Guantanamo should be closed, but thinks there will be significant difficulty deciding what to do with its inmates.
A January 9, 2008 piece on National Public Radio reported that Bellinger believes that "the new administration will need to seek Congress' assistance in closing Guantanamo...not that the president can't move individuals legally to the U.S. without Congress' authority, but...the new team will find it important to have Congress' legislative authority to hold people and under what terms."
from 1997 to 2001. He served previously as Counsel to the Senate Select Committee on Intelligence
(1996), as General Counsel to the Commission on the Roles and Capabilities of the U.S. Intelligence Community (1995-1996), and as Special Assistant to Director of Central Intelligence
William Webster (1988-1991). From 1991 to 1995, he practiced law with Wilmer Cutler & Pickering
in Washington, D.C.
Bellinger was educated at St. Albans School
in Washington, DC. Thereafter he received his A.B.
cum laude in 1982 from Princeton University's
Woodrow Wilson School of Public and International Affairs
and his J.D.
cum laude in 1986 from Harvard Law School
. He also received an M.A.
in Foreign Affairs in 1991 from the University of Virginia
, where he was awarded a Woodrow Wilson Foreign Affairs Fellowship.
.
Legal Adviser of the Department of State
The Legal Adviser of the Department of State is a position within the United States Department of State. It was created by an Act of Congress on February 23, 1931 and given a rank equivalent to that of an Assistant Secretary...
to the United States Secretary of State
United States Secretary of State
The United States Secretary of State is the head of the United States Department of State, concerned with foreign affairs. The Secretary is a member of the Cabinet and the highest-ranking cabinet secretary both in line of succession and order of precedence...
. He was sworn in on April 8, 2005. He was the principal adviser on all domestic and international law matters to the Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
, the Foreign Service
United States Foreign Service
The United States Foreign Service is a component of the United States federal government under the aegis of the United States Department of State. It consists of approximately 11,500 professionals carrying out the foreign policy of the United States and aiding U.S...
, and the diplomatic and consular posts abroad. He was also the principal adviser on legal matters relating to the conduct of foreign relations to other agencies and, through the Secretary of State, to the President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
and the National Security Council
United States National Security Council
The White House National Security Council in the United States is the principal forum used by the President of the United States for considering national security and foreign policy matters with his senior national security advisors and Cabinet officials and is part of the Executive Office of the...
.
Bellinger joined the Department of State in January 2005 as Senior Advisor to Secretary Condoleezza Rice
Condoleezza Rice
Condoleezza Rice is an American political scientist and diplomat. She served as the 66th United States Secretary of State, and was the second person to hold that office in the administration of President George W. Bush...
, having previously co-directed her State Department transition team. From February 2001 to January 2005, Bellinger served as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
. As Legal Adviser, he provided legal advice to President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
, National Security Adviser Condoleezza Rice, NSC Principals, and NSC and White House staff on a broad range of national security and international legal matters. He was one of the principal drafters of the 2004 law that created the Director of National Intelligence. During this time Bellinger's apprehension regarding the legality of proposed administration policy sometimes brought him into conflict with more conservative members of the administration on issues broadly relating to the President's powers during wartime, and specifically the use of torture by the government.
Bellinger is a member of the Council on Foreign Relations
Council on Foreign Relations
The Council on Foreign Relations is an American nonprofit nonpartisan membership organization, publisher, and think tank specializing in U.S. foreign policy and international affairs...
and the American Council on Germany and a Fellow of the British-American Project
British-American Project
The British-American Project is a fellowship of some 600 leaders and opinion formers from a broad spectrum of occupations, backgrounds and political viewpoints, drawn in equal numbers from the United States and the United Kingdom...
. In Spring 2010, he stayed at the American Academy
American Academy
American Academy can refer to:*American Academy in Berlin*Dubai American Academy*American Academy of Larnaca*American Academy in Rome*Üsküdar American Academy...
in Berlin.
Bellinger is a former Vice Chairman of the Board of Governors of his alma mater, St. Albans School
St. Albans School (Washington, D.C.)
St. Albans School is an independent college preparatory school for boys in grades 4–12, located in Washington, D.C. The school is named after Saint Alban, traditionally regarded as the first British martyr. Within the St...
. He and his wife, Dawn, live in Arlington, Virginia, with their two daughters.
Legal opinions
According to the BritishUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Mail on Sunday
The Mail on Sunday
The Mail on Sunday is a British conservative newspaper, currently published in a tabloid format. First published in 1982 by Lord Rothermere, it became Britain's biggest-selling Sunday newspaper following the closing of The News of the World in July 2011...
, in 2003 Bellinger played a key role in persuading a wavering Lord Goldsmith
Peter Goldsmith, Baron Goldsmith
Peter Henry Goldsmith, Baron Goldsmith, PC, QC , is a former Attorney General for England and Wales and Northern Ireland. On 22 June 2007, Goldsmith announced his resignation which took effect on 27 June 2007, the same day that prime minister, Tony Blair, stepped down. Goldsmith was the longest...
, British Attorney General
Attorney General for England and Wales
Her Majesty's Attorney General for England and Wales, usually known simply as the Attorney General, is one of the Law Officers of the Crown. Along with the subordinate Solicitor General for England and Wales, the Attorney General serves as the chief legal adviser of the Crown and its government in...
, of the legality of the Iraq War
Legality of the Iraq War
The legality of the invasion and occupation of Iraq has been widely debated since the United States, United Kingdom, and a coalition of other countries launched the 2003 invasion of Iraq...
. Bellinger was reported to have said: "We had a problem with your Attorney General who was telling us it was legally doubtful under international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
. We straightened him out."
On 15 February 2006 the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
issued a press release, quoting Bellinger, entitled: "Guantanamo Detainees Being Held Legally, Official Says"
The press release quoted Bellinger as arguing:
- "The vast majority of the people who are in Guantanamo are being held under the typical laws of warLaws of warThe law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
."
It reported:
- Bellinger said most of the detainees were captured on the battlefield, but are not categorized as prisoners of war because Al-QaedaAl-QaedaAl-Qaeda is a global broad-based militant Islamist terrorist organization founded by Osama bin Laden sometime between August 1988 and late 1989. It operates as a network comprising both a multinational, stateless army and a radical Sunni Muslim movement calling for global Jihad...
is not a signatory to the Geneva ConventionsGeneva ConventionsThe Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, and "neither the Taliban nor al Qaeda met any of the definitions of the term 'prisoner of war'" outlined in the conventions.
- Due to security threats, "the Geneva Conventions themselves make very clear ... that there would be certain categories of individuals -- spiesEspionageEspionage or spying involves an individual obtaining information that is considered secret or confidential without the permission of the holder of the information. Espionage is inherently clandestine, lest the legitimate holder of the information change plans or take other countermeasures once it...
or 'saboteurSaboteurA saboteur is someone who commits sabotage.It may also refer to:*Morituri , a 1965 film also known as The Saboteur*Saboteur , a card game by Frederic Moyersoen, published in 2004...
s,' ... who should be considered to have forfeited their rights of communication with the outside world," he said.
David Ignatius
David Ignatius
David R. Ignatius , is an American journalist and novelist. He is an associate editor and columnist for The Washington Post. He also co-hosts PostGlobal, an online discussion of international issues at Washingtonpost.com, with Newsweek 's Fareed Zakaria...
, reported in The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
that Bellinger had backed a recommendation of the 9/11 Commission
9/11 Commission
The National Commission on Terrorist Attacks Upon the United States, also known as the 9/11 Commission, was set up on November 27, 2002, "to prepare a full and complete account of the circumstances surrounding the September 11, 2001 attacks", including preparedness for and the immediate response to...
that the United States join with her allies to negotiate a new approach to dealing with combatants who stood outside the already established International conventions.
Ignatius quoted a passage from the 9/11 Commission's report that he asserted Bellinger supported:
- "New principles might draw upon Article 3 of the Geneva Conventions on the law of armed conflict."
In a June 2008 article in The Washington Post
The Washington Post
The Washington Post is Washington, D.C.'s largest newspaper and its oldest still-existing paper, founded in 1877. Located in the capital of the United States, The Post has a particular emphasis on national politics. D.C., Maryland, and Virginia editions are printed for daily circulation...
, Michael Abramowitz reported that the White House dismissed legal advice on detainees, repeatedly ignoring warnings from inside and outside the administration. Bellinger was quoted as saying in an August 2006 email, "I can virtually guarantee you, without a legislative basis, federal courts are not going to be willing to uphold the indefinite detention
Internment
Internment is the imprisonment or confinement of people, commonly in large groups, without trial. The Oxford English Dictionary gives the meaning as: "The action of 'interning'; confinement within the limits of a country or place." Most modern usage is about individuals, and there is a distinction...
of unlawful combatants."
Bellinger now believes Guantanamo should be closed, but thinks there will be significant difficulty deciding what to do with its inmates.
A January 9, 2008 piece on National Public Radio reported that Bellinger believes that "the new administration will need to seek Congress' assistance in closing Guantanamo...not that the president can't move individuals legally to the U.S. without Congress' authority, but...the new team will find it important to have Congress' legislative authority to hold people and under what terms."
Earlier career and education
Bellinger served as Counsel for National Security Matters in the Criminal Division of the Department of JusticeUnited States Department of Justice
The United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
from 1997 to 2001. He served previously as Counsel to the Senate Select Committee on Intelligence
United States Senate Select Committee on Intelligence
The United States Senate Select Committee on Intelligence is dedicated to overseeing the United States Intelligence Community—the agencies and bureaus of the federal government of the United States who provide information and analysis for leaders of the executive and legislative branches. The...
(1996), as General Counsel to the Commission on the Roles and Capabilities of the U.S. Intelligence Community (1995-1996), and as Special Assistant to Director of Central Intelligence
Director of Central Intelligence
The Office of United States Director of Central Intelligence was the head of the United States Central Intelligence Agency, the principal intelligence advisor to the President and the National Security Council, and the coordinator of intelligence activities among and between the various United...
William Webster (1988-1991). From 1991 to 1995, he practiced law with Wilmer Cutler & Pickering
Wilmer Cutler Pickering Hale and Dorr
Wilmer Cutler Pickering Hale and Dorr LLP, which also goes by the shorter market name WilmerHale, is an American law firm with twelve offices across the USA, Europe and Asia. It was created in 2004 through the merger of the Boston-based firm Hale and Dorr and the Washington-based firm Wilmer Cutler...
in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
Bellinger was educated at St. Albans School
St. Albans School (Washington, D.C.)
St. Albans School is an independent college preparatory school for boys in grades 4–12, located in Washington, D.C. The school is named after Saint Alban, traditionally regarded as the first British martyr. Within the St...
in Washington, DC. Thereafter he received his A.B.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
cum laude in 1982 from Princeton University's
Princeton University
Princeton University is a private research university located in Princeton, New Jersey, United States. The school is one of the eight universities of the Ivy League, and is one of the nine Colonial Colleges founded before the American Revolution....
Woodrow Wilson School of Public and International Affairs
Woodrow Wilson School of Public and International Affairs
The Woodrow Wilson School of Public and International Affairs is a professional public policy school at Princeton University. The school has granted undergraduate A.B. degrees since 1930 and graduate degrees since 1948...
and his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
cum laude in 1986 from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
. He also received an M.A.
Master of Arts (postgraduate)
A Master of Arts from the Latin Magister Artium, is a type of Master's degree awarded by universities in many countries. The M.A. is usually contrasted with the M.S. or M.Sc. degrees...
in Foreign Affairs in 1991 from the University of Virginia
University of Virginia
The University of Virginia is a public research university located in Charlottesville, Virginia, United States, founded by Thomas Jefferson...
, where he was awarded a Woodrow Wilson Foreign Affairs Fellowship.
Partner
After leaving public service Bellinger became a partner at the Washington DC law firm Arnold & PorterArnold & Porter
Arnold & Porter LLP is a nine-office international law firm based in Washington, D.C. Arnold & Porter is well known for its trial, corporate, and antitrust work, and for its pro bono commitments and support for liberal causes.-History:...
.
External links
- State Department Biography (2005). Retrieved Jan. 6, 2006.
- Office of the Press Secretary, The White House (Mar. 2, 2001). Statement by the Press Secretary. Press Release.
- This article incorporates public domain text from a Department of State biography and a White House press release.