Sabato, Sanchez dismissed as "politics" likely Dem objections to potential Chertoff nomination
SUMMARY: Discussing replacements for outgoing Attorney General Alberto Gonzales, Larry
Sabato asserted that if President Bush nominates Michael Chertoff,
"[u]ndoubtedly, the Democrats are going to revisit Katrina. They're going to use
the nomination hearings ... to talk about something that happened two
years ago in a completely different realm, but that's politics." Similarly, Republican
strategist Leslie Sanchez, apparently referring to a potential Chertoff nomination, stated that the "Democrats
have already announced this is going to be another piece of political theater,"
adding that they "want to rehash Katrina, different allegations, start more
investigations."
On the August 27 edition of Fox News' Special Report, during a segment on possible replacements for outgoing Attorney General Alberto R. Gonzales, Larry J. Sabato, director of the Center for Politics at the University of Virginia who frequently appears in the media as a nonpartisan political commentator, was shown asserting that if President Bush nominates Homeland Security Secretary Michael Chertoff, "[u]ndoubtedly, the Democrats are going to revisit [the federal response to Hurricane] Katrina. They're going to use the nomination hearings for attorney general to talk about something that happened two years ago in a completely different realm, but that's politics." Similarly, on the August 27 edition of CNN's The Situation Room, Republican strategist Leslie Sanchez appeared to be referring to a potential Chertoff appointment when she stated that the "Democrats have already announced this is going to be another piece of political theater," adding that they "want to rehash Katrina, different allegations, start more investigations." Sanchez later said that Chertoff "has shown a tremendous amount of leadership," and that "people can argue about certain details, but ... these were Democrats who supported him initially," apparently referring to Democratic support for Chertoff's nomination as Homeland Security chief in February 2005.
But while Sabato and Sanchez suggested that a Democratic effort to question Chertoff on his handling of the federal response to Hurricane Katrina would be politically motivated, neither Fox News chief White House correspondent Bret Baier nor Situation Room host Wolf Blitzer mentioned that both a House report -- written by Republicans -- and a bipartisan Senate report identified numerous failures on Chertoff's part in his management of the DHS' response to the disaster.
Indeed, the House Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane Katrina -- which was comprised entirely of Republicans -- released its final report on February 15, 2006, finding that "critical elements of the National Response Plan," for which Chertoff was responsible, "were executed late, ineffectively, or not at all," as Media Matters for America noted. The report's Executive Summary listed several criticisms of the National Response Plan leveled specifically at Chertoff, including:
- Given the well-known consequences of a major hurricane striking New Orleans, the Secretary [Chertoff] should have designated an Incident of National Significance no later than Saturday, two days prior to landfall, when the National Weather Service predicted New Orleans would be struck by a Category 4 or 5 hurricane and President Bush declared a federal emergency.
- The Secretary [Chertoff] should have convened the Interagency Incident Management Group on Saturday, two days prior to landfall, or earlier to analyze Katrina's potential consequences and anticipate what the federal response would need to accomplish.
- The Secretary [Chertoff] should have designated the Principal Federal Official on Saturday, two days prior to landfall, from the roster of PFOs who had successfully completed the required training, unlike then-FEMA [Federal Emergency Management Agency] Director Michael Brown. Considerable confusion was caused by the Secretary's PFO decisions.
[...]
- The Secretary should have invoked the Catastrophic Incident Annex to direct the federal response posture to fully switch from a reactive to proactive mode of operations.
In addition, the Senate Committee on Homeland Security and Government Affairs issued a bipartisan report in May 2006, concluding that Chertoff's agency "failed to effectively lead the federal response to Hurricane Katrina" and listed specific steps Chertoff did not take in advance of the storm and following it. Specific criticisms of Chertoff's performance included:
29. In advance of landfall, Secretary Chertoff failed to make ready the full range of federal assets pursuant to DHS's responsibilities under the National Response Plan (NRP).
[...]
31. Secretary Chertoff failed to appoint a Principal Federal Official (PFO), the official charged with overseeing the federal response under the NRP, until 36 hours after landfall.
[...]
34. Secretary Chertoff appointed a field commander, Michael Brown, who was hostile to the federal government's agreed-upon response plan and therefore was unlikely to perform effectively in accordance with its principles. Some of Secretary Chertoff 's top advisors were aware of these issues but Secretary Chertoff has indicated that he was not. Secretary Chertoff should have known of these problems and, as a result, should have appointed someone other than Brown as Principal Federal Official.
From the August 27 edition of Fox News' Special Report with Brit Hume:
BAIER: The president said Solicitor General Paul Clement will serve as acting attorney general after Gonzales leaves September 17th. With solid conservative credentials, Clement could be in the running as a permanent replacement. Republican strategists are pushing the White House to get the slot filled quickly.
BRAD BLAKEMAN (Republican strategist): I think that the best choice would be that somebody who comes from outside the administration would have an easy time getting confirmed without the, quote, unquote, "baggage" of having served. Ted Olson would be great, the former solicitor general of the United States.
BAIER: Olson is well-respected on Capitol Hill. Other possible successors include former Deputy Attorney General Larry Thompson and current Secretary of Homeland Security Michael Chertoff, a former federal prosecutor, assistant attorney general, and federal judge, but his tenure as head of DHS is open to attack.
SABATO: Let's say it's Michael Chertoff. Undoubtedly, the Democrats are going to revisit Katrina. They're going to use the nomination hearings for attorney general to talk about something that happened two years ago in a completely different realm, but that's politics.
BAIER: Senior aides tell Fox a nomination will likely not be announced before Labor Day, and this White House is preparing for yet another confirmation battle no matter who the nominee is, simply because of the political environment.
At the White House, Bret Baier, Fox News.
From the August 27 edition of CNN's The Situation Room:
BLITZER: Which direction should he -- should he go for a fight or try to find someone who will sail through a confirmation process before the Senate Judiciary Committee?
SANCHEZ: The bigger issue is -- it's very unlikely any candidate is going to sail through. The Democrats have already announced this is going to be another piece of political theater. They want to rehash Katrina, different allegations, start more investigations. It's going to be trouble for any Republican to move through that.
That being said, I think you have a lot of outstanding potential candidates, and, with respect to Judge Gonzales, I think that the Chuck Schumer water torture should have ended on him months ago. I mean, I was one of the people that said he was becoming ineffective and he needed to leave, and many Republicans, I think, agreed with that.
BLITZER: Paul, some of the names that are being floated out there -- and I say floated because it may be none of the above -- but we've heard Michael Chertoff, the secretary of Homeland Security, his name being floated; Larry Thompson, a former deputy attorney general; Ted Olson, you remember him, former solicitor general; George Terwilliger, another former Justice Department official.
Some of those names, like Chertoff, could be controversial. Some of the other ones might not necessarily be all that controversial.
PAUL BEGALA (Democratic strategist): Might not be. Again, I think I'd prefer the two names I gave you a moment ago, either Clement, who's there now, or Comey, both loyal Republicans. Both served under this president in previous posts.
But I think some of those guys, particularly Michael Chertoff, you're right, could be really, really problematic for the White House. And I do disagree with Leslie on this. I've talked to Democrats on the Hill today, and they're not spoiling for a fight. In fact, even Chuck Schumer was very restrained, I thought, today in his press conference. The name I keep hearing by analogy is Robert Gates.
The defense secretary sailed through after Donald Rumsfeld, a very controversial Pentagon chief. The new defense secretary, a loyal Republican, sailed through, because he was the kind of person Democrats thought they could work with.
BLITZER: I guess it depends, Leslie, on who the president nominates.
BEGALA: So, this is not baked in. They don't have to have a fight here.
SANCHEZ: No. It's clearly -- it's clearly that. It's interesting when people say that about Chertoff, somebody who definitely had tremendous amount of support, has shown a tremendous amount of leadership. And people can argue about certain details, but this was -- these were Democrats who supported him initially, and it was not -- not that far -- you know, long ago.
BLITZER: All right. Paul, over the weekend, the Democratic National Committee, some are suggesting, declared war on Democrats. And, arguably, for the presidential election, Florida could be the most important state in the country. What is going on?

















So, MMfA, you're vindicating Sabato and Sanchez's statements by bringing up Katrina?
Chertoff's performance on Katrina is debateable. It should not be a litmus test on an AG appointment, nor should Congress waste our time and money turning the nomination hearing into a Katrina hearing.
Only Katrina was the most botched event in recent Federal Govt history. So it should not be an issue? Come on.
Exactly, Dex.
I know that when my plumber - the one that accidentally hooked up my water heater to my irrigation system - showed up 2 years later in the operating room to perform my vasectomy, I didn't dwell on that past failure. He deserved a fresh evaluation based on his skillz at that time.
And despite the pain in my left ear whenever I urinate, I still think that whatever his next job is, it will be a different arena and he should be given another chance to prove himself.
While your joke was funny, your analogy was poor.
The analogy may be poor in your mind (not in mine) but why should Katrina be ignored? So if something happened 2 years ago we need to get over it and move on?
I think his joke was funny and his analogy was terrific.
Holy cow. Get a lawyer.
Got one. Coincidentally, he used to be my plumber. And my surgeon.
Would your plumber/surgeon/lawyer be interested in the Attorney General position?
He seems to have all of the qualifications.
I'm inclined to agree. I think Chertoff was terrible during Katrina, but what does that have to do with the role of an AG? I think that is subjective. I don't think many people will agree that Katrina is relevant here.
The Democrats should look at Chertoff mainly with regards to how his loyalty to the administration has affected Chertoff's view of the law. Has Chertoff sided with the administration on programs that have undermined civil liberties? That is the kind of thing to be focused on. The whole Katrina thing may be a valid complaint, but it should not affect the appointment process.
So you think he will suddenly gain competence once he moves into an office with a library in it?
Granted, it does point to his competency, but it was also a pretty extreme situation. I don't think the Democrats are going to score any points with it as it doesn't seem at all related to anything Chertoff would experience as AG.
"Has Chertoff sided with the administration on programs that have undermined civil liberties? That is the kind of thing to be focused on."
Chertoff, along with Viet Dinh, was the author of the USA Patriot Act. Anyone concerned about America's continuing slide into a surveillance state should carefully consider Chertoff's role here, but it doesn't seem to be a big part of the Chertoff for AG conversation so far.
As a point of interest, here's a 2003 article dealing with Chertoff's ad hoc approach to the legal system and the Constitution. The source, Counterpunch, is obviously somewhat partisan but I hope the congress and the press will pay attention to Chertoff's pre-Katrina history if Bush puts his name forward.
http://www.counterpunch.org/cassel06112003.html
The AG is basically the manager and head administrator of the Justice Department, that makes Chertoff's work at DHS very significant as it is a similar function. Chertoff's qualifications as a lawyer may be impeccable but they are only half of what needs to be considered for this position and his record does not speak well for him for the other half.
I'm inclined to agree. I think Chertoff was terrible during Katrina, but what does that have to do with the role of an AG? I think that is subjective. I don't think many people will agree that Katrina is relevant here.
Open gotta disagree, Chertoff as Director of Homeland Security was in charge of the country's worst disaster in history and he failed. It's to bad Michael Brown was only only one who took the heat for Katrina, Chertoff was equally responsible.
The Democrats have already announced this is going to be another piece of political theater.
Did they? Which Democrats announced this? If in fact any Democratic lawmaker made such a statement, then that is troublesome. We don't need a partisan show. For whatever time is remaining in this administration we should finally place a competent individual into the Attorney Generals Office. And do it fairly quickly.
As far as Chertoff is concerned. Poor choice IMO.
Anyone Bush nominates will be a fascist bastard with as much respect for the law as a serial killer. That's a given.
Anyone Bush nominates will be a fascist bastard with as much respect for the law as a serial killer. That's a given. - Redking
Nah, he might nominate a 'middle-of-the-road' yet plainly unacceptable 'compromise' replacement, and then nominate a fascist bastard. But then, why drag the past into it?
I can't believe Bush would be so stupid as to nominate Chertoff, a man whose record clearly makes him unsuitable for the job. Or maybe a qualification for a position in the Bush admin is incompetence?
By the way, since when does past job performances not play a role in whether you get a job? If put on a roof and the roof leaked badly, should the customer say, "Oh please, put in these new windows, because windows are different than roofs, and I don't want to drudge up the past?"
"I can't believe Bush would be so stupid as to..." I can't believe anyone could start a sentence that way at this late date. Gonzo will be difficult to replace. Who else can look up at the Preznit with such utter affection? Maybe Barney?
Oh, that's a laugh - Chertoff and the rest of the criminals in the bush administration are to get a free pass with regards to THEIR PART of accountability insofar as Katrina is concerned???
I don't think so...
I don't trust Chertoff or anyone that would be nominated by bush for the AG, with the exception of Sandra Day O'Connor - which i mentioned in another thread.
The DOJ is a partisan cesspool thanks to "Torquemada" Gonzales and I hope the Dems do their job in vetting thoroughly whoever the idiot in chief nominates.
I guess in some people's world "Checks and Balances" is profanity..
Listen to how both Sabato and Sanchez refer to Katrina as a problem that went away. They talk about "rehash[ing]" it and how it was something that happened "two years ago in a completely different realm." Meanwhile, in the here and now, New Orleans and much of the Gulf Coast is still a disaster area, and the promises made by the Bush administration remain largely unfulfilled.
http://thinkprogress.org/?tag=Katrina
i've been watching larry sabato for several years now (UVA is an hour away), and i've yet to be impressed by his analytical skills, vis a vis politics.
my old econ prof. in college used to say, "all you need to be an "expert" is to guess right 3 times." i can only assume dr. sabato has met that (very) minimal criterion.
Political "water-boarding", names being "floated", nominations "sailed on through'...given the nature of the Katrina disaster these are pretty ironic terms to be using.
You can't make this stuff up.