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Jeh Johnson: why Obama's left-field DHS pick could be an agent of change Jeh Johnson: why Obama's left-field DHS pick could be an agent of change
(35 minutes later)
As a lawyer without much management experience, Jeh Johnson is not an obvious choice to lead the sprawling Department of Homeland Security. His appointment, hailed by Barack Obama at a White House ceremony on Friday, may signal a shift for an agency whose value is questioned by many in the US.As a lawyer without much management experience, Jeh Johnson is not an obvious choice to lead the sprawling Department of Homeland Security. His appointment, hailed by Barack Obama at a White House ceremony on Friday, may signal a shift for an agency whose value is questioned by many in the US.
The senator who will shepherd Johnson’s nomination through the upper legislative chamber, Tom Carper of Delaware, called the appointment “welcome news” and praised Johnson’s “wealth of experience from the Department of Defense", where he was general counsel. At the Rose Garden event, Obama said he was nominating Johnson because of his "deep understanding of the threats and challenges facing the United States." He credited Johnson with helping design and implement policies to dismantle the core of al-Qaida overseas and to repeal the ban on openly gay service members in the US military.
"He's been there in the Situation Room, at the table in moments of decision," Obama said.
Johnson noted that he was in Manhattan on the day when the World Trade Center was struck, and he said he was motivated to do something to help the country in response. But he left government service in 2012 and said he was settling back into private life and work at a law firm. "I was not looking for this opportunity," Johnson said. "But when I received the call, I could not refuse it."
Johnson has an extensive legal background in national security circles. Before spending the first four years of the Obama administration as the Pentagon’s top lawyer, he was the air force’s senior civilian counsel during much of Bill Clinton’s second term. Before that he was a federal prosecutor in New York, one of the premier legal venues for security trials. Johnson has an extensive legal background in national security circles. Before spending the first four years of the Obama administration as the Pentagon’s top lawyer, he was the air force’s senior civilian counsel during much of Bill Clinton’s second term. Before that he was a federal prosecutor in New York, one of the premier legal venues for security trials. 
Yet the Department of Homeland Security (DHS) is one of the US government’s most sprawling bureaucracies, cobbled together after 9/11 from disparate parts of the federal government and handling tasks as disparate as border security, relief from natural disasters and the protection of airline passengers. It is iconically – and acrimoniously – known as the agency that scans people’s bodies or pats them down at airports. In a tacit reflection of the department’s reputation for incompetence, there are more than a dozen vacancies at senior levels of DHS, including secretary and deputy secretary.Yet the Department of Homeland Security (DHS) is one of the US government’s most sprawling bureaucracies, cobbled together after 9/11 from disparate parts of the federal government and handling tasks as disparate as border security, relief from natural disasters and the protection of airline passengers. It is iconically – and acrimoniously – known as the agency that scans people’s bodies or pats them down at airports. In a tacit reflection of the department’s reputation for incompetence, there are more than a dozen vacancies at senior levels of DHS, including secretary and deputy secretary.
Johnson has no management experience of the sort that has guided DHS for the first 10 years of its existence. It has been run by a lawyer before: Michael Chertoff, another former federal prosecutor, was homeland security secretary during George W Bush’s second term. Chertoff, however, previously ran the Justice Department’s criminal division, making him a manager as well as a prosecutor. Johnson has no management experience of the sort that has guided DHS for the first 10 years of its existence. It has been run by a lawyer before: Michael Chertoff, another former federal prosecutor, was homeland security secretary during George W Bush’s second term. Chertoff, however, previously ran the Justice Department’s criminal division, making him a manager as well as a prosecutor. 
The other secretaries of homeland security have been successful politicians: Tom Ridge, a former governor of Pennsylvania, was the department's first leader; Janet Napolitano, a former governor of Arizona, its most recent. The other secretaries of homeland security have been successful politicians: Tom Ridge, a former governor of Pennsylvania, was the department's first leader; Janet Napolitano, a former governor of Arizona, its most recent. 
None of such figures' prior political savvy, however, has allowed DHS to overcome negative public perceptions. On TV dramas, DHS often appears as a jackbooted counterterrorism law enforcement agency, despite it possessing minimal police powers outside matters concerning immigration. None of such figures' prior political savvy, however, has allowed DHS to overcome negative public perceptions. On TV dramas, DHS often appears as a jackbooted counterterrorism law enforcement agency, despite it possessing minimal police powers outside matters concerning immigration. 
Alternatively, DHS is the subject of more public ire than any other US security agency, often because the public’s interaction with the agency is mundane and unpleasant. Chertoff became a national punchline after the failures of the Federal Emergency Management Agency (Fema), a DHS component, during disaster relief after Hurricane Katrina. Napolitano faced a groundswell of outrage over the Transportation Security Agency (TSA), another DHS component, for scanners that took imagery of passengers’ nude bodies – particularly after a passenger in 2010 demanded of a TSA agent “Don’t touch my junk”, before uploading a video of the encounter to YouTube. Alternatively, DHS is the subject of more public ire than any other US security agency, often because the public’s interaction with the agency is mundane and unpleasant. Chertoff became a national punchline after the failures of the Federal Emergency Management Agency (Fema), a DHS component, during disaster relief after Hurricane Katrina. Napolitano faced a groundswell of outrage over the Transportation Security Agency (TSA), another DHS component, for scanners that took imagery of passengers’ nude bodies – particularly after a passenger in 2010 demanded of a TSA agent “Don’t touch my junk”, before uploading a video of the encounter to YouTube. 
For this, even stalwart defenders of the government’s national security organs show DHS no such loyalty. “This has nothing to do with safety,” the Washington Post columnist Charles Krauthammer wrote in 2010 about the TSA, “95% of these inspections, searches, shoe removals and pat-downs are ridiculously unnecessary.” For this, even stalwart defenders of the government’s national security organs show DHS no such loyalty. “This has nothing to do with safety,” the Washington Post columnist Charles Krauthammer wrote in 2010 about the TSA, “95% of these inspections, searches, shoe removals and pat-downs are ridiculously unnecessary.” 
Shortly after after Napolitano announced her resignation, Bloomberg Businessweek published an argument for abolishing DHS outright, describing it as an agency far too bloated for its mandate. “The danger to Americans posed by terrorism remains smaller than that of myriad other threats, from infectious disease to gun violence to drunk driving,” wrote Charles Kenny. Shortly after after Napolitano announced her resignation, Bloomberg Businessweek published an argument for abolishing DHS outright, describing it as an agency far too bloated for its mandate. “The danger to Americans posed by terrorism remains smaller than that of myriad other threats, from infectious disease to gun violence to drunk driving,” wrote Charles Kenny. 
However, DHS’s share of US counterterrorism efforts, while central to its existence, is marginal compared to, say, the domestic investigative powers of the FBI, the bulk domestic phone records collection by the National Security Agency, or the overseas drone strikes and raids overseen by the CIA and Joint Special Operations Command. None of those agencies have had their existence thrown into question after 9/11. However, DHS’s share of US counterterrorism efforts, while central to its existence, is marginal compared to, say, the domestic investigative powers of the FBI, the bulk domestic phone records collection by the National Security Agency, or the overseas drone strikes and raids overseen by the CIA and Joint Special Operations Command. None of those agencies have had their existence thrown into question after 9/11. 
Avoiding the 'new normal'Avoiding the 'new normal'
Ironically, the department’s marginalization complicates one of the most significant aspects of Johnson’s appointment to lead it. He has been at the leftward pole of the Obama administration’s national security legal debates.Ironically, the department’s marginalization complicates one of the most significant aspects of Johnson’s appointment to lead it. He has been at the leftward pole of the Obama administration’s national security legal debates.
Famously, Johnson helped lead an internal Defense Department review that cleared the way to abandon its longtime ban on openly gay and lesbian service members, a landmark civil rights decision for the Obama administration.Famously, Johnson helped lead an internal Defense Department review that cleared the way to abandon its longtime ban on openly gay and lesbian service members, a landmark civil rights decision for the Obama administration.
In his last major speech before leaving the Pentagon, delivered at Oxford University last November, Johnson pointedly warned that ongoing, open-ended warfare against terrorism must not be the “new normal”. Johnson mused about a coming “tipping point” thanks to ongoing counterterrorism missions, when “our efforts should no longer be considered an armed conflict”. In his last major speech before leaving the Pentagon, delivered at Oxford University last November, Johnson pointedly warned that ongoing, open-ended warfare against terrorism must not be the “new normal”. Johnson mused about a coming “tipping point” thanks to ongoing counterterrorism missions, when “our efforts should no longer be considered an armed conflict”. 
The speech, however, was carefully hedged. Johnson not only declined to estimate when that tipping point might arrive, he surprisingly mused about holding terrorism detainees after the war justifying their detention had ended. That position – which says much about where the leftward pole of the Obama administration on counterterrorism is staked – dovetailed with his 2009 congressional testimony that even if a terrorism suspect is acquitted in civilian court, “I think we have the authority to continue to detain someone.” Johnson has also defended the administration’s drone strikes, which a new UN inquiry has sharply criticized. The speech, however, was carefully hedged. Johnson not only declined to estimate when that tipping point might arrive, he surprisingly mused about holding terrorism detainees after the war justifying their detention had ended. That position – which says much about where the leftward pole of the Obama administration on counterterrorism is staked – dovetailed with his 2009 congressional testimony that even if a terrorism suspect is acquitted in civilian court, “I think we have the authority to continue to detain someone.” Johnson has also defended the administration’s drone strikes, which a new UN inquiry has sharply criticized. 
The speech made Johnson unique amongst senior US officials, none of whom have publicly discussed even the conditions under which the post-9/11 war on terror would be concluded. Obama appeared to move closer toward Johnson’s sketched ideas in March, when he announced that he would seek to constrain drone strikes and recommit to closing Guantánamo Bay. The speech made Johnson unique amongst senior US officials, none of whom have publicly discussed even the conditions under which the post-9/11 war on terror would be concluded. Obama appeared to move closer toward Johnson’s sketched ideas in March, when he announced that he would seek to constrain drone strikes and recommit to closing Guantánamo Bay. 
All of that raises expectations for Johnson’s return to the Obama administration as a cabinet secretary. The challenge he faces is that DHS is an uncertain lever with which to move US counterterrorism policy. It possesses none of the internal bureaucratic heft of the Pentagon, CIA or Justice Department. Its role even in implementing the major counterterrorism decisions of the government is, at most, a supporting one. All of that raises expectations for Johnson’s return to the Obama administration as a cabinet secretary. The challenge he faces is that DHS is an uncertain lever with which to move US counterterrorism policy. It possesses none of the internal bureaucratic heft of the Pentagon, CIA or Justice Department. Its role even in implementing the major counterterrorism decisions of the government is, at most, a supporting one. 
There are two areas of DHS’s expertise that might prove to be test cases for Johnson’s tenure, if the Senate confirms him.There are two areas of DHS’s expertise that might prove to be test cases for Johnson’s tenure, if the Senate confirms him.
One is its controversial venues for sharing counterterrorism intelligence between federal, state and local law enforcement. The so-called “fusion centers” are positioned around the country, and despite their much-touted reputation, an October 2012 Senate report could not identify “a contribution such fusion center reporting made to disrupt an active terrorist plot”. The Senate study characterized the centers as wasteful of security spending and in violation of Americans’ civil liberties. One is its controversial venues for sharing counterterrorism intelligence between federal, state and local law enforcement. The so-called “fusion centers” are positioned around the country, and despite their much-touted reputation, an October 2012 Senate report could not identify “a contribution such fusion center reporting made to disrupt an active terrorist plot”. The Senate study characterized the centers as wasteful of security spending and in violation of Americans’ civil liberties. 
The other, increasingly central to DHS’s existence and growing in national importance, is cyber security. DHS and the Pentagon have a deal whereby DHS protects the civilian internet, especially business infrastructure, and the military’s new cyber command protects military networks and conducts attacks. Yet the escalating amount of foreign espionage and data exfiltration in cyberspace has led many to question this bureaucratic arrangement. The arrival at DHS of an experienced Pentagon attorney might clear the decks for the next one. The other, increasingly central to DHS’s existence and growing in national importance, is cyber security. DHS and the Pentagon have a deal whereby DHS protects the civilian internet, especially business infrastructure, and the military’s new cyber command protects military networks and conducts attacks. Yet the escalating amount of foreign espionage and data exfiltration in cyberspace has led many to question this bureaucratic arrangement. The arrival at DHS of an experienced Pentagon attorney might clear the decks for the next one. 
Johnson lacks the background of a typical DHS secretary. At this precarious time for the agency, that might prove to be an asset.Johnson lacks the background of a typical DHS secretary. At this precarious time for the agency, that might prove to be an asset.
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