Michael Chertoff, who testified that he had warned it would be unlawful to torture foreign prisoners, won the blessing of a Senate committee Monday to head the Homeland Security Department.
On a voice vote, the Homeland Security and Governmental Affairs Committee sent President Bush’s nomination of the former Justice Department official who became a federal judge to the full Senate for anticipated confirmation, possibly this week.
Sen. Carl Levin, a Michigan Democrat, voted “present” on the committee to show his displeasure over the Justice Department’s refusal to provide requested information.
Levin wants the names of Justice Department attorneys who attended a meeting during which FBI officials voiced concern about interrogation methods used by the military at the U.S. prison camp at Guantanamo Bay, Cuba.
Levin said he will seek the information before the full Senate votes on Chertoff, but declined to say whether he would place a temporary “hold” on the nominee unless he gets it.
Committee Chairman Susan Collins, a Maine Republican, expressed hope Levin would not place a “hold” and that a Senate confirmation vote could be held within a few days.
Chertoff would replace Tom Ridge as head of the Homeland Security Department, created after the Sept. 11, 2001 attacks.
‘Torture is illegal’
At his confirmation hearing last week, Chertoff defended his role while head of the Justice Department’s criminal division from June 2001 to June 2003 in giving advice on interrogating prisoners.
“First of all, given my institutional position, I made it very clear torture is illegal and if you violate the statute, you are likely to get prosecuted,” Chertoff said.
“I guess my bottom-line advice was this: You are dealing in an area where there is potential criminal liability,” he said. ”You had better be very careful to make sure that whatever it is you decide to do falls well within what is required by the law.”
Chertoff’s confirmation hearing was the second to focus on Bush administration interrogation policies blamed by critics for contributing to the abuse of foreign detainees.
The Senate Judiciary Committee grilled Alberto Gonzales on his role in formulating those policies while White House counsel before approving him as attorney general. Last Friday, the full Senate confirmed Gonzales, 60-36.
Chertoff is expected to win confirmation with broad bipartisan support, Democratic and Republican aides said.