Sent to you by Sean McBride via Google Reader: John Bellinger's Hat is
White -- David Addington's is Soulless Black via The Washington Note on
9/26/07


In the internal White House battles over the Geneva conventions, enemy
combatant policies, extraordinary rendition, and torture -- which have
been viciously waged between various Bush administration officials
against other colleagues in the same White House, there are a few
heroes who fought the "darkness at noon" solutions advocated by Vice
President Cheney's team.

I am writing a significant, lengthy piece right now on a bit of this
history as I think that a giant, high beam spotlight should blare down
on Cheney's chief of staff, David Addington, for the particularly
insidious role that he has played over the last six years in sabotaging
America's norms and ethics as well as system of checks and balances in
government.

There are a number of heroes in my book including former Department of
Defense and Department of State lawyer Matthew Waxman who tried to
stand up to Addington and his like-minded torture obsessives and State
Department Senior Legal Adviser John Bellinger who has worked
vigorously to walk America away from the so-called "war paradigm" and
towards a "rule of law" framework again. In fact, Bellinger is an
advocate of numerous international law frameworks -- including
ratification of the Law of the Sea Convention.

I hate saying good things about Bellinger because I fear it will get
him in trouble not with the "great and the good" in the White House --
but the "monstrous and bad." But Bellinger is on the right side, and it
must be said repeatedly.

I mention this because I just ran across an interesting and thoughtful
blog, Dorf on Law that in a review of Jack Goldsmith's The Terror
Presidency, Jamison Colburn mischaracterizes Bellinger and tosses him
with the likes of Addington. This couldn't be more incorrect.

Colburn writes:
Goldsmith is the Henry Shattuck Professor at Harvard now. He made his
academic name cautioning against "universal jurisdiction" and the
application of international law in U.S. courts while teaching at
Chicago. That was before his stint in the Bush Administration. It took
Goldsmith's determination to pull the torture opinions and revise them
because apparently there were many in the administration who adamantly
opposed him and wanted the cover OLC opinions provide. (David
Addington, John Bellinger, and some others are referenced throughout
the book for their especially idiotic, chauvinistic, and dangerous
views.) (Goldsmith's words, not mine.)
I understand the writer's general critique of the administration and
agree with much of what he writes -- but his target should be
Addington, not Bellinger. In fact, Goldsmith says nothing at all about
Bellinger along the lines that Colburn says.

Goldsmith's only references to John Bellinger are that he strongly
opposed David Addington's efforts. On page on 124, Goldsmith writes
that Bellinger was one of the people, along with Paul Clement, urging
the White House to try and cultivate Congressional support for "War on
Terror" policies. Bellinger was shot down in those efforts, and then on
page 126, Goldsmith writes:
'They do not have a vote,' was how [Addington] would invariably respond
when someone -- usually John Bellinger -- would object to a policy (or
lack of one) by invoking allied protestations.
That kind of response is classic Addington -- and is antithetical to
everything Bellinger is about.

I share this not to harrass or impugn Jamison Colburn. As I've written
a great deal about Bellinger's important work in trying to walk this
country back to some kind of legal sanity, while fighting Cheney's team
inside the White House, I wanted to make sure that there was a record
that Bellinger and Addington are total opposites on the topics that
Colburn considers them the same.

-- Steve Clemons

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