The Bush administration is seeking a quick, under-the-radar confirmation of the president's nominee to head the Department of Homeland Security. The Senate, however, should carefully examine the record of the nominee, Michael Chertoff, because he too is implicated in the ongoing Bush Administration torture controversy.
The New York Times recently reported that Chertoff was contacted by CIA officials in the months after 9/11 seeking guidance on what kinds of interrogation methods would prompt the Justice Department to prosecute interrogators. According to the article, Chertoff disapproved of certain techniques that were unequivocally unlawful, but said that others that were even ""harsher"" were acceptable under the narrow definition of ""torture"" adopted by the government.
Chertoff was also the official responsible for the pretextual detentions of hundreds of Arab and Muslim men in the weeks and months after 9/11. According to the Justice Department's own inspector general, the evidence on which these men were detained was often sketchy or non-existent, and many were denied lawyers or the ability to tell their families where they were being held. The average detainee was held for three months. None were ever charged with a terrorism-related crime.
Additionally, he played a leading role in the crafting of the USA Patriot Act, the relaxation of internal Justice Department guidelines that now permit the FBI to secretly spy on public religious, social or political gatherings and the blanket ""voluntary"" interviews of thousands of Arabs and Muslims that have sown distrust between law enforcement and these communities.
Take Action! As with Attorney General Nominee Alberto Gonzales, the unanswered questions swirling around Chertoff need to be addressed if the Senate is to properly exercise its ""advise and consent"" authority. Urge your Senators to ask the tough questions.
The Bush administration should immediately release all torture-related documents. It is improper for Senators to vote on nominees if they lack access to relevant documentation. Congress should not consider Chertoff's nomination until the Senate has obtained all torture-related documents.
Chertoff should commit to policies that will prevent future unnecessary detentions. The Senate should urge Chertoff to affirmatively commit to policies that bar the use of minor immigration violations or other pretext charges when the government cannot find any evidence of criminal activity.
This is the real ""accountability moment."" Much went on after 9/11 that eroded our civil liberties and that still remains unclear or hidden. American democracy is founded on an informed citizenry, and will weaken if the government keeps things from the people. Before Chertoff is confirmed, it is imperative that the Senate get the whole truth, and nothing but.
TAKE ACTION!