As to his replacement, Michael Chertoff may be a brilliant guy and totally qualified for the job, but he has two strikes against him as a nominee. Confirmation hearings would become a rehearsal of the entire Katrina mess. We don't need this when we have so many important issues out there that the Justice Department should be addressing. And his departure would require another nomination and hearing for a new Secretary of Homeland Security. Even if someone could be confirmed smoothly, we don't really need the friction that any change in leader would generate in any large bureaucracy. That's a department that has its own problems and doesn't need the be on pause as a new guy gets up to speed.
I've always felt some sympathy for Chertoff. He had a nice sweet seat on the U.S. Court of Appeals and he gave that up to head up DHS. Unless he just didn't like being a judge, I believe that we have to respect his giving up a lifetime appointment to take on what is a really awful job - one that has so much at stake and so many opportunities for messing up. The department is a bureaucratic nightmare as Katrina certainly made clear. He's also got immigration woes on his plate and all the worry that there must be trying to protect a country with pretty open borders and millions of places where terrorists could attack. I can't think of anyone who would desire that job and I admired him for taking it.
Hugh Hewitt has his own suggestion for what the President should be looking for in a replacement and his advice makes a lot of sense to me.
AG Gonzales' departure offers the White House the opportunity to nominate a young, charismatic terrorism-fighter from the ranks of the present or past U.S. Attorneys and Assistant U.S. Attorneys --someone who has actually overseen the investigation, arrest and conviction of Islamist radicals and who knows, for example, the need for the reformed FISA. The president needs allies in his effort to communicate the seriousness of the threat here and abroad, and nominating a rising star even for a relatively brief period of time at DOJ will be extremely useful if the nominee can communicate well and has experience fighting the enemy. Ask Andrew McCarthy who he thinks fits this bill. In fact, give some thought to nominating Andrew McCarthy --let's see Senator Leahy and Biden argue FISA with him.Having someone with experience fighting the threat from Islamic terrorism. I'd also like the person to have executive experience running something - DOJ is a big department and Gonzales seemed really out of his depth in trying to run the place. I also want someone who can articulate the administration's arguments as the debates over renewing the FISA legislation and passing other security bills that might be necessary in the next year and a half.
The President might be in the lame duck period of his presidency, but those who want to do our country harm aren't going to take the next year and a half off. We can't afford to do so either.
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