The guardian, continued
After leaving the Bush administration in 2003, Chertoff softened his zealous defense of the administration's antiterrorism policy, expressing some doubts about the indefinite detention of American citizens such as José Padilla as "enemy combatants" without filing charges against them or providing them with legal counsel. In an article for The Weekly Standard in December 2003, he wrote: "We need to debate a long-term and sustainable architecture for the process of determining when, why and for how long someone may be detained as an enemy combatant, and what judicial review should be available."
"In retrospect," Chertoff told the Bulletin, "there were some imperfections. People in the field were making split-second decisions under pressure. The policies were appropriate and completely understandable given the risk. But we learned we should do better."
Chertoff's publicly aired second-guessing of Bush administration policies did not stop the president from putting him on the U.S. Court of Appeals for the Third Circuit in 2003.
He was on that court for little more than a year when Bush turned to him again for Homeland Security, after the nomination of former New York City Police Commissioner Bernard Kerik imploded over allegations of personal and financial improprieties. Chertoff had the advantage of having already been vetted and confirmed by the Senate three times. He didn't hesitate to accept when Bush offered him the job.
"Winning this war against terror is the great calling of our generation," Chertoff told an audience at George Washington University in March.
Thus far, Chertoff has consciously taken a lower profile than his predecessor, Ridge, the former Pennsylvania governor who relished his role as the public face of Homeland Security. Chertoff seems slightly ill at ease with the public part of his job and the retail politics that go with it, but what he lacks in natural skills as a glad-hander he more than makes up for as a political operator, former colleagues say. "His personality is exactly what the department needs, given his reputation for sharp elbows," said homeland security expert James Carafano of the Heritage Foundation. "The department needs a strong advocate."
Chertoff won some early plaudits for his first weeks on the job. Like a senior prosecutor taking over a foundering case, he ordered a top-to-bottom review of how the department is structured and how it does its job. He brought in Michael P. Jackson, the U.S. Department of Transportation's deputy secretary known for his managerial prowess. He also questioned the usefulness of the color-coded warning system adopted by Ridge.
Chertoff said he plans a "disciplined approach" to sharing information with the public, trying to balance the need to keep everyone informed with a desire to avoid undue anxiety or alarm.
"The public is mature. The public understands that even before 9/11, we faced violent disasters both man-made and natural," he said. "There's not perfect protection; there are no guarantees. We need to focus on events that might have catastrophic consequences."
Chertoff admits he has plenty to learn and is still mastering the breadth of the department's responsibilities, which span law enforcement, disaster preparedness, and science and technology. The job has required adjustments in his personal life, too. His wife, Meryl Justin Chertoff '83, a homeland security expert, decided to leave her job as a government lobbyist. And Chertoff admits his two children would like to see more of him.
He insists that he doesn't miss the courtroom. But his friends aren't so sure. Said Savarese, "If there's a way for the Homeland Security secretary to argue a case somewhere, I think he'll find it."
Seth Stern '01 is a legal affairs reporter at Congressional Quarterly in Washington, D.C.
back | 4 of 4
Next: Is the war on drugs succeeding?
