by John M. Curtis
(310) 204-8700

Copyright January 12, 2005
All Rights Reserved.

fter stumbling in his first pick to replace Homeland Security Secretary Tom Ridge, President George W. Bush found the best man to lead the newest Cabinet department: Deputy Atty. Gen. Michael Chertoff. It took two tries to get it right, misfiring with former New York Police Commissioner Bernard Kerik, whose nomination went up in smoke after admitting he employed an undocumented housekeeper. Truth be told, Bush lucked out with Kerik, whose flamboyant lifestyle would have caused even more embarrassment. “In all his roles, Mike has shown a deep commitment to the cause of justice and an unwavering determination to protect the American people,” said Bush, referring to Chertoff's urgent role as the third-man in Atty. Gen. John Aschcroft's Justice Department, immediately after Sept. 11. Chertoff has impeccable credentials, already confirmed by the Senate as U.S. attorney for New Jersey in 1990, assistant attorney general in 2001 and as a federal appellate court judge in 2003.

      In recommending Chertoff, former New York Mayor Rudy Giuliani redeemed himself after misfiring on Kerik. Apart from easy confirmation, Chertoff has the right stuff to continue molding the nation's most complicated Cabinet department, comprising 22 agencies, involving air travel, borders and immigration. Chertoff's hands-on experience crafting the Patriot Act, only 6 weeks after 9/11, won high praise from Bush in the war on terror. Calling Sept. 11 the “deadliest single attack on American civilians,” Chertoff signed onto the Bush administration's legacy of fighting terrorism and defending the homeland. No other issue defines the White House more than battling terrorists and homeland security. Without flamboyance, Chertoff gives Bush unqualified loyalty and bureaucratic competence. Under Chertoff, Homeland Security gets a brilliant legal mind.

      Announcing his choice, Bush won advance praise from both sides of the aisle. Harvard Law Professor Philip B. Heyman, a former Clinton administration deputy attorney general, called Chertoff “a superb choice. He's go the brains, he's got the toughness and he's got the decency and the honesty,” confident that Bush picked the right guy. While expected to get confirmed, Chertoff will get some tough questioning, like Bush's designee for attorney general, Judge Alberto R. Gonzales, whose legal advice paved the way for controversial interrogations at Guantanamo Bay's Camp X-Ray and Iraq's Abu Gharaib prison. Like Atty. Gen. nominee Gonzales, Chertoff supported defining terrorists as “enemy combatants,” skirting the 1949 Geneva Convention. Chertoff, like others in Aschcroft's Justice Department, placed homeland security above the civil liberties of alleged terrorists.

      So far, only the American Civil Liberties Union voiced concern about Chertoff's nomination. “Mr. Chertoff's record suggest that he sees the Bill of Rights as an obstacle to national security rather than a guidebook on how to do it properly,” said Gregory T. Nojeim, associate director the ACLU's Washington office. Nojeim referred to Chertoff's legal advice making it easier for the government to detain terrorist suspects and send FBI agents to investigate religious and political groups. The ACLU can't have it both ways: criticizing the government for negligence surrounding Sept. 11, while, at the same time, complaining about more vigilant enforcement. Chertoff balanced the need to preserve civil liberties against the harsh reality of homeland security. Chertoff made it easier for law enforcement to conduct better surveillance and share information with the intelligence community.

      Chertoff's biggest challenge involves morale building and effective management of the mammoth Homeland Security department. He's already proven he has the ideas and know-how to implement homeland security inside the legal minefield of civil liberties. “He's a thoughtful guy who takes the need to protect both laws and our way of life very seriously and will be sensitive to civil liberties issues,” said Suzanne Spaulding, Democratic staff director of the Housel Permanent Select Committee on Intelligence, now with the Harbor group, a government relations firm, taking exception to criticism from the ACLU. Sen. Hillary Rodham Clinton (D-N.Y.) voted against Chertoff's nomination to the 3rd District Court of Appeals for his aggressive role in prosecuting Whitewater, the aborted Arkansas land deal involving the Clintons. Hillary's vote this time around will speak volumes.

      Picking Chertoff was a brilliant move to head the Homeland Security department. Not only does Bush avoid unwanted controversy he bolsters White House credibility on both sides of the aisle. Calling Chertoff “a key figure in the nation's legal efforts to fight terrorism,” Sen. Susan Collins (R-Maine), chairwoman of the Senate Governmental Affairs Committee, signaled her support in advance of nomination hearings. Her co-chairman, Sen. Joe Lieberman (D-Conn.), called Chertoff “a respected lawyer and law enforcer,” showing welcomed bipartisanship. Like his predecessor Tom Ridge, Chertoff promises to be a unifying choice for Homeland Security. When you consider the political ramifications, it makes the administration look awfully good heading into the inauguration. With more moderate faces at the White House, it gives Bush added clout for his new legislative agenda.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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