John Bellinger is a Partner in the firm's National Security and Public International Law practices. Before joining Arnold & Porter LLP, Mr. Bellinger held several senior Presidential appointments in the US government, including as The Legal Adviser to the Department of State from 2005 to 2009 under Secretary of State Condoleezza Rice and Senior Associate Counsel to the President and Legal Adviser to the National Security Council (NSC) at the White House from 2001-2005.
A globally known authority on public international law, Mr. Bellinger represents individuals, corporations, and sovereign governments in litigation in US courts and before international institutions. He has extensive experience in US foreign relations litigation involving the Alien Tort Statute, the Foreign Sovereign Immunities Act, the immunities of foreign governments and government officials, and the recognition and enforcement of foreign judgments. He also advises clients on other public international law matters, including international humanitarian law and human rights law and treaty law. He is a leading US authority on the Law of the Sea Convention. He also counsels US and foreign clients on national security legal and policy issues, including US and multilateral financial sanctions and asset controls, the extraterritorial application of US criminal and civil laws, and transactions reviewed by the Committee on Foreign Investment in the United States (CFIUS).
As the State Department Legal Adviser-a Senate-confirmed position and the most senior international lawyer in the US Government-Mr. Bellinger directed more than 170 lawyers on domestic and international law matters affecting US foreign relations. Before joining the State Department, Mr. Bellinger managed Secretary Rice's confirmation process and co-directed her State Department transition team. In 2009, Mr. Bellinger received the Secretary of State's Distinguished Service Award.
Mr. Bellinger has argued cases before the International Court of Justice (Mexico v. United States-(Medellin)) and the Iran-United States Claims Tribunal in The Hague. He has appeared on numerous briefs in US federal courts, including the Supreme Court, in litigation involving international law issues.
As Legal Adviser to the NSC, Mr. Bellinger advised the President, Cabinet officials, the National Security Adviser, and NSC staff on a wide variety of national security and international law issues. He was present in the White House during the 9/11 attacks and later represented the White House in dealings with the 9/11 Commission; he was one of the principal drafters of the legislation that created the Director of National Intelligence.
Prior to his service in the Bush Administration, Mr. Bellinger served as Counsel for National Security Matters in the Criminal Division at the US Department of Justice (1997-2001); Of Counsel to the Senate Select Committee on Intelligence (1996); General Counsel of the Commission on the Roles and Capabilities of the US Intelligence Community (1995-1996); and Special Assistant to Director of Central Intelligence William Webster (1988-1991).
Mr. Bellinger is an Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations, where he directs events on international law. He speaks regularly about international law matters on US and international television and radio, and has given lectures at more than two dozen US and foreign universities and law schools and numerous international law conferences. He has testified before Congress on a variety of international law issues. He is the author of numerous law review articles and op-eds on international law, including op-eds in The Washington Post, The New York Times, The Wall Street Journal, The Washington Times, and The International Herald Tribune. Mr. Bellinger is a senior contributor to The Lawfare Blog: Hard National Security Choices, part of the Harvard Law School-Brookings Institution Project on Law and Security.
Mr. Bellinger is a member of the Secretary of State's Advisory Committee on International Law and the Department of Defense Legal Policy Board; one of four US Members of the Permanent Court of Arbitration in The Hague; and a member of the US "National Group", which nominates judges to the International Court of Justice. He is also a member of the Council on Foreign Relations, the Executive Council of the American Society of International Law, and the American Law Institute.
Mr. Bellinger is a graduate of Princeton University's Woodrow Wilson School of Public and International Affairs, and he holds an MA in Foreign Affairs from the University of Virginia and a JD from Harvard Law School, where he was an editor of the Harvard International Law Journal.
National Security Representative Matters
Foreign Relations Litigation
- As counsel for Government of Israel, secured dismissal of lawsuits against senior Israeli judges and government officials in New Jersey, Pennsylvania, California, Wisconsin, and New York under the Alien Tort Statute and other statutes
- As counsel for Government of Israel, secured dismissal of subpoena issued to a former Israeli national security official in Wultz v Bank of China (D.D.C. and S.D.N.Y.)
- Representing the Societe Nationale des Chemins de Fer Francais in a lawsuit filed under the Foreign Sovereign Immunities Act (N.D. Ill.)
- Representing General Electric Company in Cooper v. Tokyo Electric Power Company (litigation arising out of the Fukushima nuclear incident)(S.D. Cal.)
- Prepared a brief for the Seventh Circuit on behalf of the US Chamber of Commerce as amicus curiae in the Alien Tort Statute case of Flomo v. Firestone
- Prepared a brief for the Ninth Circuit on behalf of the National Foreign Trade Council and other trade associations as amici curiae in Carijano v. Occidental Petroleum (involving forum non conveniens)
- Prepared a brief for the Ninth Circuit on behalf of the National Foreign Trade Council and other trade associations as amici curiae in the Alien Tort Statute case of Bauman v. DaimlerChrysler
- Prepared two briefs for the US Supreme Court on behalf of BP USA, Caterpillar, ConocoPhillips, General Electric, Honeywell, IBM, and Monsanto as amici curiae in the Alien Tort Statute case of Kiobel v. Royal Dutch Petroleum
- Testified on behalf of the US Chamber Institute for Legal Reform at a hearing of the House Judiciary Committee on Recognition and Enforcement of Foreign Judgments
- Prepared a brief for the DC Circuit on behalf of the Government of Colombia asserting immunity on behalf of the former President of Colombia in connection with a subpoena for testimony in Giraldo v. Drummond Company
- Advised the former President of a Latin American country on immunity issues in connection with an Alien Tort Statute suit
- Represented the current President of a South Asian country on immunity issues in connection with a suit under the Alien Tort Statute
- Advised European state-owned banks on immunity under the Foreign Sovereign Immunities Act in US criminal proceedings
- Serve as adviser on transnational litigation to the USChamber of Commerce Institute for Legal Reform
International Trade Matters
- Counsel for General Electric Company in securing foreign regulatory approvals for GE’s US$17 billion acquisition of Alstom’s power business
- Secured CFIUS approval for for a subsidiary of the China National Petroleum Corporation for an investment in a Texas petroleum equipment manufacturer
- Secured CFIUS approval for Kongsberg Gruppen for the purchase of assets of a New York defense contractor
- Advise numerous Asian companies on US sanctions applicable to their activities in Iran
- Advise US holders of claims against Cuba certified by the Foreign Claims Settlement Commission
Miscelleaneous International Matters
- Representing US university in connection with foreign criminal proceedings against a medical school dean
- Represented US law school in connection with detention with a US law student in an Arab country
- Representing a former senior US official in connection with a criminal investigation by a Latin American government
- Represented American citizens detained in an Arab country in connection with the death of their adopted child
- Submitted amicus curiae brief to Supreme Court on behalf of former State Department Legal Advisers in United States v. Bond
- Advised the US Chamber of Commerce in connection with Senate hearings on the U.N. Convention on the Law of the Sea
2015 US Chamber Institute for Legal Reform Research & Policy Award
Chambers Global: The World's Leading Lawyers for Business 2012-2015 for Public International Law (Global-wide)
Washingtonian's "Top Lawyers" 2011, 2013, 2015 for National Security
Who's Who in the East, 2006-2013
Who's Who in America, 2003, 2004, 2006-2013
Who's Who in American Law, 2005-2011
Who's Who in American Politics, 2009 and 2010
Global Arbitration Review "100 Names to Know" 2010