Feb. 2 (Bloomberg) -- Michael Chertoff, President George W. Bush's choice to head the U.S. Department of Homeland Security, defended the administration response to the Sept. 11 attacks and promised a Senate confirmation hearing he would seek a balance between fighting terrorism and guarding individual rights.

As an assistant U.S. attorney general, Chertoff, 51, played a central role in developing some of the government's anti- terrorism policies. The Justice Department reviewed memos narrowing the definition of torture under U.S. law and set rules on the detention of illegal immigrants.

``We cannot live in liberty without security, but we would not want to live in security without liberty,'' Chertoff told the Senate Homeland Security and Governmental Affairs Committee. ``I believe, in the response to 9/11, the department, at least speaking from my vantage point, did everything we could to strike the right balance.''

While Democrats put some tough questions to Chertoff, there have been no signs he faces serious obstacles to Senate confirmation as the nation's second secretary of Homeland Security.

``I think it's important that you discuss these issues publicly before the committee and the American people,'' Senator Joseph Lieberman of Connecticut, the committee's senior Democrat, told Chertoff.

Tom Ridge, who has run the Homeland Security Department since it was created about two years ago, announced his resignation Nov. 30.

Illegal Immigrant Detention

Chertoff conceded that a Justice Department strategy to arrest illegal immigrants on minor charges to gain information on possible terrorist threats ``had not always been executed perfectly.'' Some of those arrested were held for extended periods without consulting a lawyer.

None of those detained were charged with any terrorism- related crimes and the American Civil Liberties Union criticized Chertoff's role in creating the policy that led to the arrests.

``Chertoff has an alarming record of pushing, and in some cases breaching, what is permissible under the Bill of Rights in the name of national security,'' ACLU Legislative Counsel Christopher Anders said in a statement.

Torture

Chertoff said he had provided advice to lawyers from other departments on how certain interrogation techniques relate to U.S. laws forbidding torture. He said he told the government attorneys, ``if you are dealing with something that makes you nervous, you better make sure you are doing the right thing.''

``Torture is illegal,'' Chertoff told the committee. ``I completely support the president's position on that.''

The nomination of Alberto Gonzales to be attorney general has been delayed as the Senate debates his role in drafting interrogation rules that some Democrats say sanctioned torture. The full Senate is scheduled to vote on the nomination of Gonzales this week.

Chertoff was pressed for his views on how federal security funding should be allocated to the states and his plans for managing the sprawling Homeland Security Department's 180,000 employees and 22 agencies.

Clark Ervin, a former Homeland Security inspector general, wrote in a December report that the department's immediate challenges include integrating its many components, managing grant programs that totaled $10 billion in 2003 and creating a unified and secure information system, while guarding U.S. borders and protecting U.S. transportation against terrorism.

Management Challenges

The Senate Homeland Security Committee heard last week from experts and the department's acting inspector general, Richard Skinner, who said the next secretary will face a daunting task to further integrate the departments myriad of agencies.

``There is no question that the department has made great strides to improving homeland security,'' Skinner told the committee. ``That said, the department still has much, much to do before it can be called a cohesive, efficient and effective organization.''

Bush nominated Chertoff on Jan. 11 to head Homeland Security after the withdrawal of his first choice, former New York Police Commissioner Bernard Kerik. Kerik withdrew, saying he failed to pay taxes on an undocumented alien he employed.

Chertoff has been confirmed by the Senate three times before: to be a U.S. attorney, assistant attorney general and a federal appeals court judge. Senators from both parties praised his work experience and predicted quick confirmation.

``The strength and experience he brings are impressive,'' said Republican Susan Collins of Maine, the committee's chairwoman. ``Since 9/11, Judge Chertoff has established himself as the leading expert on the legal and national security issues surrounding the war on terrorism.''

To contact the reporter on this story: Nicholas Johnston in Washington at njohnston3@bloomberg.net.

Last Updated: February 2, 2005 13:19 EST