A Fighting Chance

Michael Chertoff's sharp elbows and keen mind will serve him well as Homeland Security secretary.

When Judge Michael Chertoff, 51, accepted President Bush's nomination to become secretary of the Homeland Security Department, he relinquished a lifetime appointment to the 3rd U.S. Circuit Court of Appeals in Philadelphia. That he would willingly exchange his prestigious post, with all its financial and professional security, for what is sure to be a thankless Cabinet position leading one of the most complex, angst-producing agencies in government says much about his personal convictions and ambition.

At his Feb. 2 confirmation hearing, Chertoff said he was honored by the opportunity to lead DHS. "The challenge of our generation has been to defend our country against the evil of terrorism while honoring our fundamental commitment to our liberties and privacy," he said.

As a young prosecutor, Chertoff worked with agents from the former Customs Service and Secret Service. He says he has an appreciation for the challenges they face in fighting terrorism. As assistant attorney general for the Justice Department's Criminal Division between June 2001 and June 2003, Chertoff helped craft the administration's legal response to the Sept. 11 attacks.

"My duties involved me in-and made me intimately familiar with-most aspects of the war against terrorism: formulation of our strategic plan of response; breaking down the barriers to intelligence sharing; negotiating cooperation with our law enforcement counterparts overseas; and collaborating with other agencies-including the Department of Homeland Security-in fashioning a coordinated effort to detect, disrupt and incapacitate terrorists," he said. Because he evaluated information from intelligence agencies in his role at Justice, "the value-and limitations-of such information are familiar to me," he added.

Clark Kent Ervin, the former Homeland Security inspector general, says that while Chertoff lacks experience managing large bureaucracies, he brings a "razor-sharp intellect" to the job. What's more, "He has proved to be a strong interagency infighter when he needs to be," says Ervin, now director of homeland security at the Aspen Institute.

At Justice, Chertoff was a key architect of the USA Patriot Act, which civil libertarians maintain has undermined constitutional rights. The American Civil Liberties Union raised concerns about Chertoff's role in the detention of hundreds of immigrants following 9/11. The Justice Department's inspector general found that in some cases detainees were held for months without access to lawyers in violation of their legal rights. No terrorism charges have resulted from any of the detentions.

In a Dec. 1, 2003, article, "Law, Loyalty and Terror," for the conservative magazine The Weekly Standard, Chertoff wrote, "[T]here was no simple way to distinguish between the vast majority of well-meaning foreign visitors and U.S. residents, and those very few but very dangerous individuals who had the intent and capacity to do great harm. This was not merely searching for a needle in a haystack-it was searching for a needle disguised as a stalk of hay." Chertoff wrote that administration officials sought to avoid the harsh measures commonly taken in previous wars: "Excesses of the past were not repeated. A balance was sought and, I hope, achieved."

Chertoff told members of the Senate Committee on Homeland Security and Governmental Affairs during his hearing that there is much to be learned from the government's response to Sept. 11. "We cannot live in liberty without security," he said. "But we would not want to live in security without liberty."

Background

Born:
Nov. 28, 1953, Elizabeth, N.J.

Education:
Harvard College, B.A. magna cum laude, 1975; Harvard University School of Law, J.D. magna cum laude, 1978

Work highlights:

• June 2003-February: Circuit Judge, U.S. Court of Appeals for the Third Circuit
• June 2001-June 2003: Assistant Attorney General, Criminal Division, Justice Department
• May 1994-May 2001: Partner, Latham & Watkins, Newark, N.J.
• 1994-1996: Special Counsel, Senate Whitewater Committee