Executive Session

EXECUTIVE SESSION -- (Senate - February 14, 2005)

NOMINATION OF MICHAEL CHERTOFF TO BE SECRETARY OF HOMELAND SECURITY

ACTING PRESIDENT pro tempore. Under the previous order, the Senate will proceed to executive session for the consideration of Executive Calendar No. 10, which the clerk will report.

The assistant legislative clerk read the nomination of Michael Chertoff, of New Jersey, to be Secretary of Homeland Security.

The ACTING PRESIDENT pro tempore. The Senator from Maine.

Ms. COLLINS. Mr. President, I suggest the absence of a quorum.

The ACTING PRESIDENT pro tempore. The clerk will call the roll.

The assistant legislative clerk proceeded to call the roll.

Ms. COLLINS. Mr. President, I ask unanimous consent that the order for the quorum call be dispensed with.

The ACTING PRESIDENT pro tempore. Without objection, it is so ordered.

Ms. COLLINS. Mr. President, I rise in strong support of the nomination of Judge Michael Chertoff to be the next Secretary of Homeland Security.

Based on my personal interview with him and his sworn testimony last week before the Committee on Homeland Security and Governmental Affairs, I am convinced that he has the character and the qualifications to excel in what is one of the most challenging and demanding positions in all of Government.

Let me begin my remarks today by first expressing my gratitude to the person whom Judge Chertoff seeks to replace. In the immediate aftermath of the attacks of September 11, Tom Ridge answered the call of service to his country. At a time when homeland security was little more than a concept, Tom Ridge stepped forward to begin the monumental task of making it a reality. He is a pioneer and a patriot. On behalf of all Americans, I thank Secretary Ridge and I wish him great success in his future endeavors.

Judge Chertoff now steps forward to answer this call. The strengths and experience he brings are impressive. He has devoted a significant part of his life to public service as a Federal prosecutor in New Jersey, as head of the Justice Department's Criminal Division, and now as a Federal judge. As the overwhelming vote for his judicial confirmation 2 years ago demonstrated, as well as the unanimous vote by the Homeland Security Committee, he is well respected on both sides of the aisle. Since 9/11, Judge Chertoff has established himself as the leading expert on the legal and national security issues surrounding the war on terrorism.

The debate on this nomination will take place in the context of where the Department of Homeland Security currently stands and where we want it to go.

For the context to be complete, however, it is important we also consider the environment into which the Department was born. In the immediate aftermath of the attacks on our country on September 11, America was a nation determined to defeat terrorism, but we were still feeling our way toward an effective response.

We knew from the start that protecting America from terrorism could not come at the cost of the freedoms that define us as Americans. In those perilous, uncertain days, however, the proper balance between the two seemed somewhat different than it does now in the relative comfort of today. Judge Chertoff recognizes the need for a constant reevaluation to maintain the proper balance between liberty and security. This is how he put it in a speech he gave at Rutgers Law School in 2003:

Measures that are easily accepted in the sudden response to overwhelming crisis demand somewhat greater testing in the light of experience. In the heat of the battle, the decisionmaker has to rely on foresight because he has no hindsight. We should not, therefore, judge him in hindsight. But at the same time, when hindsight does become available, we would be foolish if we did not take advantage of the lessons for the future.

As to the nature of that balance, here is what Judge Chertoff said in response to a question I posed to him during his confirmation hearing:

I believe that we cannot live in liberty without security, but we would not want to live in security without liberty.

Judge Chertoff does not just talk the talk of civil liberties; he has walked the walk. As both of my distinguished colleagues from New Jersey, Senator Lautenberg and Senator Corzine, pointed out when introducing this nominee to the committee, Michael Chertoff, as counsel to that State's legislature, played a key role in investigating allegations of racial profiling in traffic stops and in crafting legislation to address this important civil liberties issue.

Nowhere is the tension between security and civil liberties more evident than in the matter of interrogating those detained in the war on terrorism. In his responses to our committee's written questions, Judge Chertoff made it absolutely clear that he believes torture is wrong, no matter where it occurs. His commitment to upholding the due process rights of those detained for immigration violations was unambiguous.

His commitment to civil liberties is clear. At the same time, there is no doubt that he is a tough-minded enforcer of the law. As a Federal prosecutor, he built his strong reputation for aggressively fighting organized crime, corruption, and fraud in both the public and private sectors. His success in those fights was helped greatly by his willingness to work closely with agencies that are now part of the Department of Homeland Security, such as Customs and the Secret Service, as well as with first responders such as State and local police.

In fact, on a recent trip to the Los Angeles area to study the security of our ports, I asked a wide variety of law enforcement officials what they thought of the nomination of Judge Chertoff. To a person, they enthusiastically endorsed his nomination. They felt his law enforcement background was precisely what the Department needs at this stage of this development.

I also point out, as head of the criminal division at the Department of Justice in the aftermath of September 11, Michael Chertoff underwent a true trial by fire, managing a critical organization during a time of great stress. He knows what is needed to fight the war on terrorism, the importance of strategic planning, and the need to constantly improve information sharing and cooperation among agencies at all levels of Government. Our Nation will benefit greatly from these attributes and from the experiences he has had.

The broad philosophy Judge Chertoff brings to this position is impressive, but so is his understanding of the myriad nuts-and-bolts issues that comprise Homeland Security. I was so impressed, when I questioned him in the first interview in my office, with his extraordinary knowledge of all facets of the Department and its programs and policies. Coming from a State that is a major transportation center, Judge Chertoff knows the dangers we face from land, air, and sea, and the specific dangers each mode of transportation presents. But as he made clear to my committee, he also knows if we devote an inordinate share of scarce resources to one transportation mode, it will only increase our vulnerabilities elsewhere.

I note that is one of the challenges this Congress is going to face in allocating Homeland Security grant moneys. If we focus too much of the funding on large cities, inevitably it will be our smaller towns and communities that are exploited by terrorists. We should always remember that while their targets may be our large population centers, the terrorists who trained prior to the September 11 attacks did so in small communities throughout our country. Indeed, two of the terrorists on that terrible day started their journey of death and destruction from Portland, ME. Those are some of the challenges Judge Chertoff will face.

What most impressed me was Judge Chertoff's answer to my question of why, having just attained a lifetime position at the pinnacle of his profession less than 2 years ago, a position as a judge on one of the most prestigious courts in our country, he would sacrifice all that he had gained to take on such a difficult job. I was so impressed with his response because it shows the measure of this man, his willingness to sacrifice for his country and his commitment to putting the needs of our Nation first before his own personal needs. Here is his answer:

September 11 and the challenge it posed was, at least by my lights, the greatest challenge of my generation and it was one that touched me both personally and in my work at the Department of Justice. The call to serve in helping to protect America was the one call I could not decline.

What inspiring words: The call to serve in helping to protect America was the one call I could not decline. Judge Chertoff stepped forward to answer the call of his country to serve in this difficult and demanding post and to give up a lifetime appointment on the Federal bench.

It is often pointed out that the job we are here to fill is so extraordinarily difficult because the stakes and the expectations are so high. We do not expect the Secretary of Transportation to eliminate all highway fatalities. We do not expect the Secretary of Labor to make layoffs obsolete. But the Secretary of Homeland Security is allowed no margin of error.

In his statement to my committee, Judge Chertoff said he cannot promise such perfection. Indeed, no one can. But he did promise to work tirelessly and to do everything within the law to keep our Nation safe. That promise, combined with his character, qualifications, and extraordinary experience, makes it a privilege for me to enthusiastically present his nomination to my colleagues in the Senate.

That background is also why I personally am very disappointed the Senate did not act last week to confirm this nominee. It has now been 13 days since Tom Ridge vacated the Office of Secretary of Homeland Security. It is an urgent task for the Senate to act to confirm his replacement as soon as possible. I am disappointed a small minority on the other side of the aisle has sought to delay this nomination, first by objecting to a prompt markup by the committee and now by asking for extended debate. I am pleased my colleagues recognized the need to move fairly quickly and agreed to a vote on this nominee last week. However, given the extraordinary qualifications of this nominee, his willingness to serve the country, the extraordinary demands of this job, and the urgent need for there to be a new Secretary in place as soon as possible, I simply do not understand the decision by a few of my colleagues-and only a few of my colleagues-on the other side of the aisle to hold up this nominee.

I hope we can conclude the debate expeditiously. It is so important we confirm Judge Chertoff so he can begin the very hard work of taking over this Department and pursuing policies to help keep us safe and make us more secure.

I ask unanimous consent that the time during quorum calls be equally charged.

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