Chertoff’s zeal for Patriot Act troubles critics
Published 9:00 pm Tuesday, January 11, 2005
WASHINGTON – Michael Chertoff, President Bush’s nominee to be secretary of the Homeland Security Department, is widely hailed for his intellectual heft and tireless work habits as a federal prosecutor and judge. But he also faces criticism as an architect of some of the most controversial elements of the Bush administration’s domestic war on terrorism that followed the Sept. 11, 2001, attacks.
As an assistant attorney general in the months after the attacks, Chertoff helped oversee the detention of 762 foreign nationals for immigration violations, none of whom was charged with terrorism-related crimes. A subsequent report by the Justice Department’s inspector general determined that the “no bond” policy for the detainees – a tactic whose legality was questioned at the time by immigration officials – led to lengthy delays in releasing them from prison, where some faced “a pattern of physical and verbal abuse.”
“We’re very concerned that Judge Chertoff views immigration solely through the lens of national security and counterterrorism, and that his record on counterterrorism needs to be closely examined,” said Kate Martin, director of the Center for National Security Studies, a civil liberties group.
The American Civil Liberties Union said in a statement that Chertoff should be grilled by senators about his enforcement of the USA Patriot Act and other counterterrorism initiatives it has condemned. “We are troubled that his public record suggests he sees the Bill of Rights as an obstacle to national security,” the ACLU said.
But Chertoff’s admirers say he is respectful of constitutional protections, and stress his legal skills as a prosecutor and lawyer in private practice.
“He’s got the right mix of substantive knowledge and administrative skill that is needed for this job,” said George Terwilliger, a senior Justice Department official in the first Bush administration.
