Michael Chertoff
Nominated to: U.S Court of Appeals, Third Circuit
Status of nomination: committee hearing scheduled
Michael Chertoff is currently the Assistant Attorney General in charge of the Criminal Division. He has had a long career in Republican legal circles and has been an active member of the Federalist Society for many years. Chertoff is known as a tough prosecutor and single-minded advocate whose demeanor has been described as "intimidating" by those who work with him. 1
Though Chertoff is a loyal Republican, he has refrained from aligning himself with the right wing of the party, particularly on social issues. He has not compiled a public record of pushing ideological extremes on issues such as abortion, school prayer or vouchers.
Michael Chertoff received a "well qualified" rating from the American Bar Association. There is little doubt that he is a talented attorney and an intelligent, committed public servant. Nevertheless, his behavior in the Whitewater investigation and his current role in the War Against Terrorism raise questions about his ethics and his belief in the civil liberties of all people. Senators should question him carefully on both these matters.
Brief Biography
Personal
49 years old
Married to Meryl Chertoff, two children
U.S. Justice Department: Assistant Attorney General, Criminal Division Chertoff was nominated as head of the Criminal Division under Attorney General John Ashcroft by President Bush. His nomination was seen originally as a balance to the more right wing, ideologically-driven and controversial Ashcroft.
Since September 11th, however, Chertoff has played a key role in the war against terrorism, pursuing an aggressive agenda against suspected terrorists and Arab Americans from countries that the U.S. government claims have strong terrorism networks. Chertoff supervised the prosecution of the Zacarias Moussaoui case and has been described as "the driving force behind the Justice Department's most controversial initiatives in the war on terrorism." 3 Civil liberties advocates blame him for what they see as dangerous curtailments to free speech and the rights of criminal defendants. According to press reports, Chertoff has played a key role in several matters: first, the increase in FBI agents’ authority to conduct domestic surveillance; second, the use of "material witness" warrants to lock up people of Middle Eastern dissent; third, the interviewing of thousands of Middle Eastern men who entered the United States before and after the 9/11 attacks; fourth, the aggressive prosecution of Moussaoui, despite concern that the FBI had not found sufficient evidence to link him to the nineteen 9/11 hijackers. Chertoff’s has not only played on active role in these cases, he has also been the first to defend controversial Justice Department policies. He spoke up for the government's right to hold suspects indefinitely without counsel as "enemy combatants," as well as the government's decision to interview 5,000 Arab Americans after the 9/11 attacks.
1 USA Today, Tony Locy and Kevin Johnson, 8-14-02
2 The Record, Editorial, 3-11, 2003
3 USA Today, Tony Locy and Kevin Johnson, 8-14-02
I cannot believe you are THRILLED that Judicial Watch tried to smear a good man like Michael Chertoff.