04 February 2005
Congressional Report, February 4: Chertoff Nomination
Senate to vote on Bush choice for secretary of homeland security February 8
President Bush’s nominee to lead the Department of Homeland Security says he would balance protecting the United States with protecting civil liberties and individual privacy.
"As an attorney representing indigent defendants, as a legislative counsel examining racial profiling, and as a United States circuit court judge, I have committed to fostering liberty and privacy," Michael Chertoff said at his confirmation hearing February 3. "If confirmed, I will draw on this background to promote measures that enhance our security while affirming our constitutional values."
The Senate Homeland Security and Governmental Affairs Committee is scheduled to vote on his nomination February 7. The full Senate is expected to vote on the nomination the following day, a committee spokeswoman said.
Chertoff said his primary goals at the department would be to improve its technology, strengthen management, secure the nation's borders and transportation systems, and keep the department's 180,000 employees focused on keeping America safe. The department is composed of 22 federal agencies.
Chertoff is currently a judge on the U.S. Third Circuit Court of Appeals in New Jersey. He also served as assistant attorney general of the Justice Department's Criminal Division from 2001-2003.
During his confirmation hearing, Chertoff said the U.S. intelligence community had consulted him about the legality of interrogation techniques of terrorist suspects. He said he repeatedly advised the intelligence agencies that torture was not consistent with U.S. policies and was illegal.
Senators wanted to know if he had given guidance to intelligence officials that may have been based on questionable legal theories concerning torture and terrorists.
Chertoff testified that he advised the officials "you better be careful that whatever you do falls within what is required by law." He also testified that he had no knowledge of allegations of abuses by guards at detention facilities holding suspected terrorists.
"I was not prepared to approve things in advance or to give people speculative opinions that they might later take as some kind of a license to do something improper," Chertoff said.
Senate Homeland Security Chair Susan M. Collins said that in written responses to committee members' questions, "Judge Chertoff made it clear that he believes that torture is wrong, no matter where it occurs."
Senator Joseph Lieberman, the ranking Democrat on the committee, said he was concerned that a focused, long-term domestic security strategy has not been fully developed by the department. He urged Chertoff to address that issue as soon as he is sworn in as secretary.
Chertoff said that he has worked closely with department officials since 2001 as a Justice Department official and that he recognizes that a comprehensive strategy is essential if the department is to meet its mission.
"I have had the rare experience of managing a critical government organization under the stress of a national emergency," he said. "I assisted in formulating our strategic plan of response, breaking down the barriers to intelligence sharing, cooperation with other agencies and negotiating cooperation with our law enforcement counterparts overseas."
(Distributed by the Bureau of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)
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