PATRIOT Act author tapped for Homeland Security
By Thomas C Greene in Washington
Published Wednesday 12th January 2005 15:52 GMT
http://www.theregister.co.uk/2005/01/12/chertoff_new_homeland_security_czar/

After the Bush Administration's embarrassing nomination of the buffoon
Bernard Kerik to replace Tom Ridge as Homeland Security Secretary, a far
more sober nominee has emerged in the person of former federal prosecutor
Michael Chertoff.

The well-educated and articulate Chertoff has earned a reputation as a
hard-nosed prosecutor and a creative strategist. He has gone after organized
crime outfits with an aggressive and controversial tactic of locking up
suspects, against whom evidence is weak, as "material witnesses." With this
he did significant damage to several New York area crime families in the mid
1980s.

He extended the same tactic to the domestic "war on terror," with far less
success, while serving as head of the DoJ's Criminal Division for two years
following the 9/11 atrocities.

He also went after Enron, and helped to expose the related Arthur Andersen
accounting scandal. He showed somewhat less zeal in investigating the cozy
relations between Enron's former chairman, Ken Lay, and President George W
Bush, however.

While at DoJ, Chertoff was instrumental in drafting the so-called "PATRIOT"
Act, but, to his credit, he has since expressed misgivings about its more
Draconian elements, such as detention without due process.

During his tenure at the DoJ, the government locked up many hundreds of
immigrants on no evidence and to no public security benefit. Virtually all
were innocent, yet they found themselves in a Kafkaesque legal purgatory of
secret evidence and charges that could never be challenged. And the few
cases where the government had real evidence have been badly botched.
Chertoff's record as a terror fighter is about as dismal as his record as a
gangbuster is laudable.

This may not be entirely his fault. His former boss, US attorney general
John Ashcroft - certainly no one's idea of an intellectual heavyweight - may
well have pressured the Criminal Division to enact a public rain dance
suggesting that "something is being done." The urge to create a public
impression of counterterrorist activity would no doubt have been a powerful
inducement to DoJ's brutish blundering in that realm.

Chertoff has no experience administering a bureaucracy as vast as DHS -
which, according to military analyst Thomas Barnett, now supports two
bureaucrats for every hardcore jihadist worldwide - but he has proven
himself - at least in criminal affairs - to be a competent, imaginative, and
adaptable manager. And unlike Kerik, there are no questions about his
personal integrity, intelligence, or maturity.

He will have his hands full if he intends to whip DHS into an effective
agency. Current Homeland Security Czar Tom Ridge has enjoyed little success,
though hardly due to any lack of qualifications on his part. The Department
is enormous, sluggish, and neurotically preoccupied with defending the US
from attacks that have already occurred. The top job at DHS is hardly an
enviable one.

The Senate is expected to confirm Chertoff without much difficulty, because
of time lost during the Kerik sideshow, it is possible that Ridge will step
down before Chertoff takes over the post. �



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