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When Will President Obama Nominate a New Legal Adviser?

Tuesday, January 28, 2014, 8:20 AM

Speaking of agency general counsels (as I did in my post yesterday morning about the appointment of Jim Baker as FBI General Counsel), many foreign governments are wondering when President Obama will nominate a new State Department Legal Adviser. The position has been vacant for more than a year, since Harold Koh left in January 2013. For an Administration that has made a big deal of its commitment to international law and international engagement, the failure to nominate a Legal Adviser to engage with other countries on drones, NSA surveillance, and other controversial issues is perplexing and disappointing. A number of names have been rumored but the White House has been inexplicably slow to make a decision. Fortunately, Secretary Kerry and the State Department are well-served by Acting Legal Adviser (and Principal Deputy Legal Adviser) Mary McLeod, who has served in the Legal Adviser's office for more than 37 years and appears likely to be acting for at least a few more months.

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John B. Bellinger III is a partner in the international and national security law practices at Arnold & Porter in Washington, DC. He is also Adjunct Senior Fellow in International and National Security Law at the Council on Foreign Relations. He served as The Legal Adviser for the Department of State from 2005–2009, as Senior Associate Counsel to the President and Legal Adviser to the National Security Council at the White House from 2001–2005, and as Counsel for National Security Matters in the Criminal Division of the Department of Justice from 1997–2001.

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