And while many details about his work remain unclear, one thing is certain: both Chertoff and Attorney General Alberto Gonzales had a hand in crafting the Bush Administration's torture policies, and are therefore too close to the issue to oversee any investigations. The ACLU has called for a special counsel to investigate and prosecute any criminal acts by civilians in the torture or abuse of detainees by the U.S. government, saying that doing so is the only way to fairly, and independently, get to the bottom of the issue.

In the latest report about his positions, the Associated Press this weekend reported that Chertoff "denied asylum, ordered deportation or otherwise ruled against foreigners in 14 of 18 immigration cases he handled during his short tenure as a federal appeals court judge." In one case, Chertoff denied asylum to a Bangladeshi man who claimed he was arrested after joining a non-violent political rally and beaten by police. The man provided proof the medical care he received.

"Chertoff has shown that he takes an extremely narrow view of what constitutes torture, a position that undermines the humanitarian provisions of our immigration policies," Anders said. "And his appointment marks the second promotion of a top Bush administration official with ties to the torture scandal. It's clear that Alberto Gonzales must make his first task as attorney general the appointment of a special counsel. Doing so is the only way to put this scandal behind us."

The ACLU's report on Chertoff's civil liberties record is here. A coaliton letter to the Senate asking for scrutiny of his record is here.

Does anyone think Bernie Kerik would have been a better choice?

[Note: Edited to reflect it was Senate committee, not full senate, that voted to approve Chertoff.]