Michael Chertoff

Source: Wikipedia, the free encyclopedia.

Michael Chertoff
Official portrait, 2022
2nd United States Secretary of Homeland Security
In office
February 15, 2005 – January 21, 2009
PresidentGeorge W. Bush
Barack Obama
Preceded byTom Ridge
Succeeded byJanet Napolitano
Judge of the United States Court of Appeals for the Third Circuit
In office
June 10, 2003 – February 15, 2005
Appointed byGeorge W. Bush
Preceded byMorton Ira Greenberg
Succeeded byMichael Chagares
United States Assistant Attorney General for the Criminal Division
In office
2001–2003
PresidentGeorge W. Bush
Preceded byJames Robinson
Succeeded byChristopher A. Wray
United States Attorney for the District of New Jersey
In office
1990–1994
PresidentGeorge H. W. Bush
Bill Clinton
Preceded bySamuel Alito
Succeeded byFaith S. Hochberg
Personal details
Born (1953-11-28) November 28, 1953 (age 70)
Elizabeth, New Jersey, U.S.
Political partyRepublican
Spouse
Meryl Justin
(m. 1988)
Children2
EducationHarvard University (BA, JD)
London School of Economics

Michael Chertoff (born November 28, 1953) is an American-Israeli attorney who was the second United States Secretary of Homeland Security to serve under President George W. Bush. Chertoff also served for one additional day under President Barack Obama. He was the co-author of the USA PATRIOT Act. Chertoff previously served as a United States circuit judge of the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as Assistant U.S. Attorney General. He succeeded Tom Ridge as U.S. Secretary of Homeland Security on February 15, 2005.

Since leaving government service, Chertoff has worked as senior of counsel at the Washington, D.C., law firm of Covington & Burling. He also co-founded the Chertoff Group, a risk-management and security consulting company. He is also the chair and a member of the board of trustees in the international freedom watchdog Freedom House, and sits on the bipartisan advisory board of States United Democracy Center.[1]

Early life and education

Michael Chertoff was born on November 28, 1953, in

El Al.[2] His paternal grandparents are Rabbi Paul Chertoff[3] and Esther Barish Chertoff.[4]

Chertoff attended the

magna cum laude
, in 1978.

Career

Following his law school graduation, Chertoff served as a law clerk to Judge

William J. Brennan, Jr.
from 1979 to 1980.

Chertoff worked in private practice with

Rudolph Giuliani, then the United States Attorney for the Southern District of New York. Chertoff worked on Mafia and political corruption–related cases. In the mid-1990s, Chertoff returned to Latham & Watkins for a brief period, founding the firm's office in Newark, New Jersey
.

In September 1986, together with

Rudolph Giuliani, Chertoff was instrumental in the crackdown on organized crime in the Mafia Commission Trial
.

In 1990, Chertoff was appointed by President

savings and loan scam. McCann served two years in federal prison.[6]

In 1993, he was a prosecutor in the fraud case against Eddie Antar, founder of the Crazy Eddie electronics store chain.

Chertoff’s Homeland Security secretary portrait

Chertoff was asked to stay in his position when the

Clinton administration took office in 1993, at the request of Democratic Senator Bill Bradley.[6] He was the only United States Attorney who was not replaced due to the change in administrations. He continued to work with the U.S. Attorney's office until 1994, when he entered private practice, returning to Latham & Watkins as a partner.[6]

Despite his friendly relationship with some Democrats, Chertoff was appointed as the special counsel for the

Whitewater
investigation. No charges were brought against the Clintons.

In 2000, Chertoff worked as special counsel to the

2000 election cycle. He advised Bush's presidential campaign on criminal justice
issues.

Chertoff was appointed by Bush to head the criminal division of the

terrorist Zacarias Moussaoui. In 2002 and 2003, Chertoff provided legal advice to the CIA on the use of coercive interrogation methods against terror suspects such as Abu Zubaydah.[9]

Chertoff also led the prosecution's case against accounting firm Arthur Andersen for destroying documents relating to the Enron collapse. The prosecution of Arthur Andersen was controversial, as the firm was effectively dissolved, resulting in the loss of 26,000 jobs. The United States Supreme Court overturned the conviction, and the case has not been retried.

Federal judicial service

On March 5, 2003, Chertoff was nominated by President Bush to a seat on the

Morton I. Greenberg. He was confirmed by the Senate 88–1 on June 9, 2003, with Senator Hillary Clinton of New York casting the lone dissenting vote; he received his commission the following day. Senator Clinton said that she had dissented to register her protest for the way Chertoff's staff mistreated junior White House staffers during the Whitewater investigation.[10] Chertoff served as a federal judge from 2003 to 2005.[11]

Secretary of Homeland Security

President Bush discussing border security with Chertoff near El Paso, Texas, November 2005

In late 2004, Bernard Kerik was forced to decline President Bush's offer to replace Tom Ridge, the outgoing Secretary of Homeland Security. After a lengthy search to find a suitable replacement, Bush nominated Chertoff to the post in January 2005, citing his experience with post-9/11 terror legislation. He was unanimously approved for the position by the United States Senate on February 15, 2005.[12]

Hurricane Katrina occurred while Chertoff was Secretary of Homeland Security. The Department was criticized for its lack of preparation in advance of the well-forecast hurricane; most criticism was directed toward the Federal Emergency Management Agency.[13] DHS in general, and Chertoff in particular, were criticized for responding poorly to the disaster, ignoring crucial information about the catastrophic nature of the storm and devoting little attention to the federal response to what became the most costly disaster in American history.[14]

Chertoff was the Bush administration's point man for pushing the comprehensive immigration reform bill, a measure that stalled in the Senate in June 2007.[15]

Chertoff was asked by the Obama administration to stay in his post until 9 a.m. on January 21, 2009, (one day after President Obama's inauguration) "to ensure a smooth transition".[16]

Construction of border fence

Under Chertoff's leadership, the Department of Homeland Security constructed hundreds of miles of fencing along the border between the United States and Mexico. On April 8, 2008, Chertoff issued waivers allowing the Department of Homeland Security to "bypass environmental reviews to speed construction of fencing along the Mexican border". The New York Times reported that pursuant to the Secure Fence Act of 2006, "the department was authorized to build up to 700 miles of fencing along the 2,000-mile Southwest border, where most illegal immigrants cross". Congress had granted Chertoff waiver authority in 2005,

migratory birds, the bald eagle, antiquities, farms, deserts, forests, Native American graves and religious freedom."[19] In an editorial, the Times criticized Chertoff for his use of waiver authority, stating: "To the long list of things the Bush administration is willing to trash in its rush to appease immigration hard-liners, you can now add dozens of important environmental laws and hundreds of thousands of acres of fragile habitat on the southern border."[20]

A report issued by the Congressional Research Service, the non-partisan research division of the Library of Congress, said that the unchecked delegation of powers to Chertoff was unprecedented:

After a review of federal law, primarily through electronic database searches and consultations with various CRS experts, we were unable to locate a waiver provision identical to that of §102 of H.R. 418—i.e., a provision that contains 'notwithstanding' language, provides a secretary of an executive agency the authority to waive all laws such secretary determines necessary, and directs the secretary to waive such laws.[21]

On June 23, 2008, the Supreme Court of the United States declined to hear a constitutional challenge to the 2005 law that gave Chertoff waiver authority.[17]

Actions regarding illegal immigration

In September 2007, Chertoff told a House committee that the DHS would not tolerate interference by sanctuary cities that would block the "Basic Pilot Program," which requires some types of employers to validate the legal status of their workers.[22]

In 2008 it was reported that the residential housekeeping company Chertoff had hired to clean his house employed undocumented immigrants.[23][24][25]

Post-DHS career

Since leaving government service, Chertoff has worked as senior of counsel at the Washington, D.C. law firm of Covington & Burling.[26]

He formed The Chertoff Group (TCG) on February 2, 2009, to work on crisis and risk management. The firm is also led by Chad Sweet; he served as the Chief of Staff of Homeland Security while Chertoff was Secretary and also had a two-year stint at the Directorate of Operations for the CIA. The firm also employs Charles E. Allen, Larry Castro, Jay M. Cohen, General Michael V. Hayden and other former high-ranking government employees and appointees.

Chertoff was also elected as Chairman of BAE Systems for a three-year term, beginning May 1, 2012. Chertoff co-chairs the Bipartisan Policy Center's Immigration Task Force.

Chertoff was part of a legal team that represented Russian/Ukrainian

Dmitro Firtash's against extradition to the United States.[27]

Chertoff is also a member of the Atlantic Council's board of directors.[28]

From 2017 to 2019, Chertoff served as a member of the Global Commission on the Stability of Cyberspace and was made a co-chair of the commission in its final year.

In a July 2020 op-ed in The New York Times, Chertoff claimed the

Trump administration was hijacking the DHS for political purposes.[29]

Views

Globalization

At the Global Creative Leadership Summit in 2009, Chertoff described globalization as a double-edged sword. Although globalization may help raise the standard of living for people around the world, Chertoff claimed that it can also enable terrorists and transnational criminals.[30]

Body scanners

Chertoff has been an advocate of enhanced technologies, such as full body scanners.[31] His consulting firm Chertoff Group (founded 2009) represented manufacturers of the scanners.[32][33]

Climate change

Chertoff co-signed the preface to the report "National Security and the Accelerating Risks of

Climate Change" published in 2014 where he stated that "projected climate change is a complex multi-decade challenge. Without action to build resilience, it will increase security risks over much of the planet. It will not only increase threats to developing nations in resource-challenged parts of the world, but it will also test the security of nations with robust capability, including significant elements of our National Power here at home."[34]

Political endorsements

In the 2016 presidential election, Chertoff endorsed Hillary Clinton.[35]

In 2024, Chertoff endorsed Jon Bramnick for New Jersey Governor.[36]

See also

References

  1. ^ "MICHAEL CHERTOFF". States United Democracy Center. Retrieved August 31, 2022.
  2. ^ Kitaeff, Jack Jews in Blue: The Jewish American Experience in Law Enforcement
  3. ^ Marek, Angie C."A New Sheriff in Town" Archived May 10, 2013, at the Wayback Machine, U.S. News & World Report, July 10, 2005. Accessed May 16, 2008. "A rabbi's son, he was born in blue-collar Elizabeth, N.J. Worshipers from Elizabeth's former Congregation Bnai Israel remember Chertoff's father, Gershon Chertoff, as a man with a vast collection of books and a keen interest in current events. Michael's grandfather Paul Chertoff, also a rabbi, was a professor of the Talmud, the collected writings that constitute Jewish civil and religious law."
  4. ^ "Pittsburgh PostGazette Jan 12, 1966". January 12, 1966. Retrieved August 28, 2013.
  5. ^ "U.S. Attorney's Office District of New Jersey, A Rich History of Service". Archived from the original on December 30, 2008.
  6. ^ a b c "Chertoff called 'consummate professional'". NBC News. January 11, 2005. Retrieved October 15, 2008 – via Associated Press.
  7. Huffington Post
    . Retrieved May 21, 2015.
  8. ISSN 0028-792X
    . Retrieved March 8, 2024.
  9. ^ Johnston, David; Lewis, Neil A.; Jehl, Douglas (January 29, 2005). "Security Nominee Gave Advice to the C.I.A. on Torture Laws". The New York Times. Retrieved May 23, 2022.
  10. ^ Ratner, Lizzy (January 16, 2005). "Hillary's Nemesis, Mean Mike Chertoff, Is Up for Homeland". The New York Observer. Retrieved October 15, 2008.
  11. ^ "Profile: Secretary of Homeland Security Michael Chertoff". ABC News.
  12. ^ "Bush names new US security chief". BBC. January 11, 2005. Retrieved October 15, 2008.
  13. ^ Executive Summary, Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina Archived February 11, 2012, at the Wayback Machine, 2006-2-15, Retrieved June 11, 2007
  14. ^ Christopher Cooper and Robert Block. 2006. Disaster : Hurricane Katrina and the Failure of Homeland Security. New York: Times Books, 2006.
  15. ^ "Chertoff, Bush Look for Next Move on Immigration", NPR, June 8, 2007
  16. ^ "Bush Homeland Security Officials to Stay on Till Weds.", Washington Post, January 19, 2009 (accessed 2009-01-21).
  17. ^ a b Vicini, James (June 23, 2008). "Court rejects challenge to Arizona border fence". Reuters – via www.reuters.com.
  18. ^ Archibold, Randal (April 2, 2008). "Government Issues Waiver for Fencing Along Border". The New York Times. Retrieved December 7, 2020.
  19. ^ Liptak, Adam (April 8, 2008). "Power to Build Border Fence Is Above U.S. Law". The New York Times. Retrieved October 15, 2008.
  20. ^ Editorial (April 3, 2008). "Michael Chertoff's Insult". The New York Times. Retrieved October 15, 2008.
  21. ^ "Plaintiffs' Exhibit 2" (PDF). The New York Times. Retrieved May 12, 2010.
  22. ^ DHS - EVerify Archived March 9, 2011, at the Wayback Machine "DHS website" December 1, 2007
  23. ^ "Chertoff Used Cleaning Company That Hired Illegal Immigrants". Fox News. December 11, 2008.
  24. ^ "UPI.com". UPI.com. December 11, 2008. Retrieved August 28, 2013.
  25. ^ Hsu, Spencer S. (December 11, 2008). "Cleaning Service Used by Chertoff Calls Immigration Laws Unfair". The Washington Post. Retrieved May 12, 2010.
  26. ^ Covington & Burling (2009). Michael Chertoff. Retrieved August 9, 2009.
  27. Украинская Правда (pravds.com.ua) (in Russian). Archived from the original on March 25, 2022. Retrieved March 30, 2022.{{cite news}}: CS1 maint: bot: original URL status unknown (link) CS1 maint: multiple names: authors list (link
    )
  28. ^ "Board of Directors". Atlantic Council. Retrieved February 11, 2020.
  29. ^ Chertoff, Michael (July 28, 2020). "Opinion | The Hijacking of Homeland Security". The New York Times.
  30. ^ Global Futures, Global Risks Archived January 10, 2016, at the Wayback Machine 2009 Global Creative Leadership Summit.
  31. ^ "DHS.gov". Archived from the original on October 19, 2010.
  32. ^ 12/30/09 9:33pm 12/30/09 9:33pm. "Why Is Michael Chertoff So Excited About Full-Body Scanners?". Gawker.com. Archived from the original on August 27, 2013. Retrieved August 28, 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)
  33. ^ RonPaul.com on November 17, 2010 (November 17, 2010). "Ron Paul to TSA: Stop Irradiating Our Bodies!". Ron Paul .com. Retrieved August 28, 2013.{{cite web}}: CS1 maint: numeric names: authors list (link)
  34. ^ TemplateLab (November 10, 2015). "National Security and the Accelerating Risks of Climate Change ᐅ TemplateLab". TemplateLab. Retrieved July 7, 2022.
  35. ^ "Once A Clinton Nemesis During Whitewater, Now A Clinton Supporter". NPR. October 6, 2016. Retrieved October 6, 2016.
  36. ^ "Former US Secretary of Homeland Security Chertoff Endorses Bramnick". Insider NJ. January 31, 2024. Retrieved March 5, 2024.

External links

Legal offices
Preceded by United States Attorney for the District of New Jersey
1990–1994
Succeeded by
Preceded by Judge of the United States Court of Appeals for the Third Circuit
2003–2005
Succeeded by
Political offices
Preceded by United States Secretary of Homeland Security
2005–2009
Succeeded by
U.S. order of precedence (ceremonial)
Preceded byas Former US Cabinet Member Order of precedence of the United States
as Former US Cabinet Member
Succeeded byas Former US Cabinet Member