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(回答先: Re: ブッシュに指名される奴にまともな奴など存在せず 投稿者 珍米小泉 日時 2005 年 1 月 22 日 13:52:39)
Security Nominee Is a Hard Charger on Legal War on Terror
By ERIC LICHTBLAU
Published: January 12, 2005
WASHINGTON, Jan. 11 - In the aftermath of the Sept. 11 attacks, senior Justice Department officials were scrambling to find new ways to prevent terror suspects from slipping away. Michael Chertoff, a tough-minded prosecutor who was in charge of the department's criminal division, pushed a new tactic - declaring suspects to be "material witnesses" and locking them up without charging them with any crime, just as Mr. Chertoff had done with mob figures before.
"Mike was the one pushing to say 'Hey, we ought to look at using this more aggressively against terrorists,' " a former senior Justice Department official recalled Tuesday. "He was the one who made us realize how this tool could be used legally."
The tactic would prove controversial, as many civil rights advocates objected to the department's detentions of dozens of uncharged terror suspects as material witnesses. But to his many supporters, the tactic was typical of Mr. Chertoff's willingness to use smart, aggressive and creative tactics to meet the newly urgent threat of terrorism.
Attorney General John Ashcroft had made clear that he wanted to charge terror suspects for "spitting on the sidewalk" if needed, just as Robert F. Kennedy had done with organized crime figures in the 1960's. For nearly two years after the Sept. 11 attacks, Mr. Chertoff was the Bush administration's point man in that campaign.
Mr. Chertoff now takes on a new and equally daunting challenge as President Bush's selection to lead the Department of Homeland Security, a federal behemoth operating 22 agencies and 180,000 employees. If confirmed by the Senate, he will give up a lifetime appointment as a federal appellate judge on the United States Court of Appeals for the Third Circuit, which he joined in 2003 after leaving the Justice Department.
In naming Mr. Chertoff to replace Tom Ridge as secretary of homeland security, Mr. Bush called him "a key leader in the war on terror" and said that after the Sept. 11 attacks, "he understood immediately that the strategy in the war on terror is to prevent attacks before they occur."
Mr. Chertoff's name had not been widely circulated as a contender for the job, and his selection came as something of a surprise. But administration and Congressional officials said that after Mr. Bush's selection of Bernard B. Kerik imploded last month amid legal and ethical questions concerning Mr. Kerik, Mr. Chertoff was seen as a safe and relatively noncontroversial pick.
Mr. Chertoff, a rabbi's son who was born Nov. 28, 1953, in Elizabeth, N.J., first earned a reputation prosecuting mob cases as a federal prosecutor in Manhattan before moving to the United States attorney's office in Newark and being named in 1990 by President Bush to lead the office. After a stint in private practice, he returned in 2001 to head up the Justice Department's criminal division.
Even some critics who took issue with the department's aggressive antiterror tactics under Mr. Chertoff's leadership said they respected his legal intellect and integrity. They noted that Mr. Chertoff was willing at times to distance himself from administration policies, as he did in an opinion article in 2003 for The Weekly Standard in which he questioned the practice of holding enemy combatants indefinitely without charges.
"He was an aggressive prosecutor, but he was never an ideologue," said David Cole, a law professor at Georgetown University who has been a frequent critic of the Justice Department and has debated Mr. Chertoff several times. "We've differed on many aspects of the war on terrorism, but I think he's a thoughtful and independent thinker on a lot of these issues, and not insensitive to civil liberties concerns."
The Justice Department claimed a number of high-profile convictions in terrorism cases during Mr. Chertoff's tenure, but it suffered from a number of missteps as well.
A report by the department's inspector general last year was sharply critical of the department's actions in detaining more than 700 illegal immigrants after the Sept. 11 attacks, most of whom turned out to have no connections to terrorism.
In addition, the case against Zacarias Moussaoui, the only person charged in an American court in connection with the Sept. 11 attacks, has been stalled for two years.
One of the department's best-known convictions under Mr. Chertoff came against John Walker Lindh, who was sentenced to 20 years in prison after admitting he had supported the Taliban in Afghanistan. That case also created complications for Mr. Chertoff when he was nominated to the federal bench; some Democrats questioned his explanation as to why the F.B.I. was allowed to interview Mr. Lindh after his family hired a lawyer to represent him.
Mr. Chertoff defended the department against charges that it was insensitive to civil liberties concerns. "We are in a time of war," he told a meeting of the American Bar Association in 2002. "If you step back and look at the total picture, the government has been very restrained."
Mr. Chertoff joined the United States attorney's office in Manhattan in 1983. He had barely finished his first year when his supervisor, Barbara S. Jones, now a federal judge, picked him to work on a unique organized crime investigation alongside the head of the office, United States attorney Rudolph W. Giuliani.
The goal was to build a case against the commission made up of the five Mafia families that ran organized crime in New York. Mr. Giuliani was going to serve as the lead trial prosecutor, but a brewing New York City scandal erupted in early 1986, and Mr. Giuliani chose to try that case instead. Mr. Chertoff became the lead prosecutor in a case that would not only make headlines, but history. He and his trial team convicted the leaders of the Genovese, Colombo and Lucchese crime families, as well as a captain of the Bonannos, and he earned a reputation as a gifted trial lawyer.
Moving to the Newark prosecutor's office, Mr. Chertoff became the first assistant at 33. He became the interim United States attorney and was named to the post in 1990 by President George Bush.
Robert Mintz, a deputy to Mr. Chertoff on organized crime cases, said Mr. Chertoff had won over even critics by "handling the most difficult cases and really putting his own reputation on the line in cases that could have blown up in his face."
William K. Rashbaum contributed reporting from New York for this article, and Laura Mansnerus from Trenton.