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Griffin Boyette Bell (October 31, 1918 – January 5, 2009) was the 72nd
Attorney General of the United States The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the ...
, having served under President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
. Previously, he was a U.S. circuit judge of the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * ...
.


Education and career

Born on October 31, 1918, in Americus,
Georgia Georgia most commonly refers to: * Georgia (country), a country in the Caucasus region of Eurasia * Georgia (U.S. state), a state in the Southeast United States Georgia may also refer to: Places Historical states and entities * Related to the ...
. He served in the
United States Army The United States Army (USA) is the land service branch of the United States Armed Forces. It is one of the eight U.S. uniformed services, and is designated as the Army of the United States in the U.S. Constitution.Article II, section 2, ...
from 1942 to 1946 in the Quartermaster Corps and Transportation Corps. He was stationed at Fort Lee, Virginia. He attained the rank of major. After leaving the army, Bell received a
Bachelor of Laws Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
in 1948 from Mercer University School of Law. He entered private practice in
Savannah A savanna or savannah is a mixed woodland-grassland (i.e. grassy woodland) ecosystem characterised by the trees being sufficiently widely spaced so that the canopy does not close. The open canopy allows sufficient light to reach the ground to ...
, Georgia from 1948 to 1952. He was in private practice in
Rome , established_title = Founded , established_date = 753 BC , founder = King Romulus ( legendary) , image_map = Map of comune of Rome (metropolitan city of Capital Rome, region Lazio, Italy).svg , map_caption ...
, Georgia from 1952 to 1953 and then was in private practice at
King & Spalding King & Spalding LLP is an American international corporate law firm that is headquartered in Atlanta, Georgia and with offices located in North America, Europe, the Middle East and Asia. It has over 1,200 lawyers in 23 offices globally. It is A ...
in
Atlanta Atlanta ( ) is the capital and most populous city of the U.S. state of Georgia. It is the seat of Fulton County, the most populous county in Georgia, but its territory falls in both Fulton and DeKalb counties. With a population of 498,7 ...
, Georgia from 1953 to 1961. He was Chief of Staff to
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
Ernest Vandiver from 1959 to 1961.


Federal judicial service

Bell received a
recess appointment In the United States, a recess appointment is an appointment by the president of a federal official when the U.S. Senate is in recess. Under the U.S. Constitution's Appointments Clause, the President is empowered to nominate, and with the a ...
from President John F. Kennedy on October 5, 1961, to the
United States Court of Appeals for the Fifth Circuit The United States Court of Appeals for the Fifth Circuit (in case citations, 5th Cir.) is a federal court with appellate jurisdiction over the district courts in the following federal judicial districts: * Eastern District of Louisiana * ...
, to a new seat authorized by 75 Stat. 80. He was nominated to the same position by President Kennedy on January 15, 1962. He was confirmed by the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and po ...
on February 5, 1962, and received his commission on February 9, 1962. He served as a board member of the
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of respo ...
from 1973 to 1976. His service terminated on March 1, 1976, due to his resignation.


Role in the 1966 Georgia gubernatorial election

In the aftermath of the disputed 1966 Georgia gubernatorial election between Democrat
Lester Maddox Lester Garfield Maddox Sr. (September 30, 1915 – June 25, 2003) was an American politician who served as the 75th governor of the U.S. state of Georgia from 1967 to 1971. A populist Democrat, Maddox came to prominence as a staunch segregatio ...
and Republican Howard "Bo" Callaway, Bell joined Republican Judge Elbert Tuttle in striking down the Georgia constitutional provision requiring that the legislature chose the governor if no
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
candidate receives a majority of the vote. The judges concluded that a malapportioned legislature might "dilute" the votes of the candidate with a plurality, in this case Callaway. Bell compared legislative selection to the former
County Unit System The county unit system was a voting system used by the U.S. state of Georgia to determine a victor in statewide primary elections from 1917 until 1962. History Though the county unit system had informally been used since 1898, it was formally enac ...
, a kind of electoral college formerly used in Georgia to select the governor but invalidated by the U.S. Supreme Court. Bell and Tuttle granted a temporary suspension of their ruling to permit appeal to the U.S. Supreme Court and stipulated that the state could resolve the deadlock so long as the legislature not make the selection. In a five-to-two decision known as ''Fortson v. Morris'', the high court struck down the Bell-Tuttle legal reasoning and directed the legislature to choose between Maddox and Callaway. Two liberal justices, William O. Douglas and
Abe Fortas Abraham Fortas (June 19, 1910 – April 5, 1982) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1965 to 1969. Born and raised in Memphis, Tennessee, Fortas graduated from R ...
had argued against legislative selection of the governor, but the court majority, led this time by
Hugo Black Hugo Lafayette Black (February 27, 1886 – September 25, 1971) was an American lawyer, politician, and jurist who served as a U.S. Senator from Alabama from 1927 to 1937 and as an associate justice of the U.S. Supreme Court from 1937 to 1971. ...
, took the
strict constructionist In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution). Strict sense of the term ...
line and cleared the path for Maddox's ultimate election.


Attorney General service

Bell briefly returned to private practice in Atlanta in 1976. President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
appointed Bell
Attorney General of the United States The United States attorney general (AG) is the head of the United States Department of Justice, and is the chief law enforcement officer of the federal government of the United States. The attorney general serves as the principal advisor to the ...
in 1977, serving until 1979.


Indictment of L. Patrick Gray

On April 10, 1978, Attorney General Bell announced the indictment of former Acting FBI Director
L. Patrick Gray Louis Patrick Gray III (July 18, 1916 – July 6, 2005) was Acting Director of the Federal Bureau of Investigation (FBI) from May 3, 1972 to April 27, 1973. During this time, the FBI was in charge of the initial investigation into the burglarie ...
,
Mark Felt William Mark Felt Sr. (August 17, 1913 – December 18, 2008) was an American law enforcement officer who worked for the Federal Bureau of Investigation (FBI) from 1942 to 1973 and was known for his role in the Watergate scandal. Felt ...
and former FBI Assistant Director Edward Miller for authorizing break-ins of New York City radical political activists. Bell introduced requirements that any authorized illegal activities must be made in writing. Five Department of Justices attorneys resigned over the alleged reluctance of the Attorney Bell to pursue others in the department for illegal activities related to domestic spying.Theoharis, Athan G. (1978) Spying on Americans. Philadelphia: Temple University Press. pp. 128-9 p 238. .


Later career

Bell returned to private practice in Atlanta from 1979 until his death in 2009. In September 2004, Bell was appointed the Chief Judge of the
United States Court of Military Commission Review The Military Commissions Act of 2006 mandated that rulings from the Guantanamo military commissions could be appealed to a Court of Military Commission Review, which would sit in Washington D.C. In the event, the Review Court was not ...
. Bell was replaced by Judge
Frank J. Williams Frank J. Williams (born August 24, 1940) is a former Chief Justice of the Supreme Court of Rhode Island, a notable Abraham Lincoln scholar and author, and a justice of the Military Commission Review Panel. Biography Frank Williams was bor ...
in July 2007, when the first two cases were appealed to the Court, due to ill health.


Death

Griffin Bell died on January 5, 2009, in Atlanta. According to the ''Associated Press'', Bell was being treated for complications from
pancreatic cancer Pancreatic cancer arises when cells in the pancreas, a glandular organ behind the stomach, begin to multiply out of control and form a mass. These cancerous cells have the ability to invade other parts of the body. A number of types of pancr ...
and had been suffering from long-term kidney disease. Governor Sonny Perdue ordered the flag of the United States flown at half-staff in the state of Georgia on January 7, 2009, the day of Bell's funeral. He is buried in Americus' Oak Grove Cemetery, Section N3-South, where his tombstone bears the inscription "Citizen Soldier, Trial Lawyer, Federal Appellate Judge, Attorney General of the United States."


Legacy

Bell had a long-standing relationship with the
Georgia Historical Society The Georgia Historical Society (GHS) is a statewide historical society in Georgia. Headquartered in Savannah, Georgia, GHS is one of the oldest historical organizations in the United States. Since 1839, the society has collected, examined, and tau ...
(GHS). He was a member of the institution for over half a century and from 1996 until his death served as Honorary Chairman of its Advisory Board. In 2008, Bell donated his papers to GHS, where they are available for research. See th
finding aid for the Griffin B. Bell papers
at the Georgia Historical Society.


Honors and awards

In December 2008, Bell received an honorary Doctor of Humanities degree from Georgia Southwestern State University in recognition of his achievements and appreciation for his efforts to promote the interests of his alma mater.


See also

* List of United States political appointments that crossed party lines


References


Sources

* Bell, Griffin B. and Ronald J. Ostrow.''Taking Care of the Law'' Morrow. 1982. * Murphy, Reg, "Uncommon Sense, The Achievement of Griffin Bell," Peachtree Press.


External links

*
Bell's Mercer Commencement Address

Georgia Encyclopedia article.
*
Griffin B. Bell papers at the Georgia Historical Society
{{DEFAULTSORT:Bell, Griffin B. 1918 births 2009 deaths United States Attorneys General Georgia (U.S. state) lawyers People from Americus, Georgia Georgia Southwestern State University alumni Mercer University alumni Judges of the United States Court of Appeals for the Fifth Circuit United States court of appeals judges appointed by John F. Kennedy 20th-century American judges Guantanamo Bay captives legal and administrative procedures Deaths from pancreatic cancer Carter administration cabinet members 20th-century American politicians Deaths from cancer in Georgia (U.S. state) United States Army officers United States Army personnel of World War II Judges of the United States Court of Military Commission Review