DPA/Reuters

Washington

US President Barack Obama has nominated the Pentagon’s former top lawyer to head the Department of Homeland Security (DHS), saying that Jeh Johnson “has a deep understanding of the threats and challenges facing the US”.

If approved by the Senate, Jeh (pronounced Jay) Johnson will replace Janet Napolitano, who resigned in July to head up California’s prestigious public university system.

From 2009 to 2012, Johnson, 56, was involved in some of the most controversial defence issues in recent years – from legal justification for drone attacks to removing barriers for gays in the military.

Obama said that Johnson had been a “critical member of my national security team” during his first term in office, and helped design and implement many policies that helped dismember the core of Al Qaeda.

Johnson also shared the president’s belief that upholding America’s rule of law was one of the most important elements in defending the country, Obama said.

Johnson had served in the Pentagon prior to 2009 and worked as a federal prosecutor between stints in private practice.

He started working in January with one of New York’s most prestigious law firms, Paul, Weiss, Rifkind, Wharton & Garrison.

“I am a New Yorker,” Johnson said. “I was not looking for this opportunity. I ... was settling back into private life and law.”

But he said when Obama called, he could not refuse.

Johnson recalled that he was in New York on the day of the 9-11 terrorist attacks in 2001 – which also happened to be his birthday.

He said he wandered the chaotic streets of New York that day asking what he could do to help, and found the answer in public service.

Johnson helped lead a review and authored a report that led to the 2010 repeal of the “Don’t’ Ask, Don’t Tell” policy that prevented gays and lesbians from serving openly in the US military.

The White House described Johnson as a key member of Obama’s counterterrorism circle.

“As a senior member of my management team at the Pentagon, Jeh worked on every major issue affecting America’s security, including border security, counterterrorism, and cyber security,” said former secretary of defencse Leon Panetta in a statement. “I urge the Senate to act quickly to confirm him.”

If confirmed, Johnson, an African-American, would bring further racial diversity to Obama’s Cabinet.

The first black US president has been criticised for having a high number of white men in top Cabinet roles.

Johnson graduated from Morehouse College in 1979 and Columbia Law School in 1982.

The nomination is the latest by Obama since he nominated Federal Reserve Vice-Chair Janet Yellen last week as the new head of the US central bank. It comes as the federal government gets back into gear after a 16-day shutdown.

Johnson was involved in helping the Department of Defence provide resources to the Department of Homeland Security during disaster responses such as Hurricane Sandy and the Gulf oil spill, the White House official said.

Disaster response, border security and immigration reform – a top priority of Obama’s second term – are all major DHS responsibilities.

“Jeh Johnson had a distinguished career at the Pentagon where he has grappled with the challenges of protecting national security while respecting human rights and upholding American ideals,” said Elisa Massimino, head of Human Rights First, in a statement. “The US has a long history as a nation of immigrants, and part of that legacy includes our commitment to protecting refugees. We urge Jeh Johnson to make this vulnerable population a priority as his nomination moves forward.”

A spokesman for Senator Tom Coburn, the top Republican on the Senate’s Homeland Security committee, said that the next department chief would be expected to bring about reform.

“Dr Coburn looks forward to meeting with Mr Johnson and considering his qualifications to lead and reform DHS,” the spokesman said.

Coburn has raised concerns about wasteful spending at the department, including grants for domestic law enforcement agencies used to buy drones for surveillance.

Representative Michael McCaul, chairman of the House of Representatives Homeland Security committeemeanwhile , criticised Obama for leaving many positions at the agency unfilled.

“Even with this prospective nominee, over 40% of senior leadership positions at DHS are either vacant or have an ‘acting’ placeholder,” the Texas Republican said in a statement. “The lack of leadership at the White House is reflected in the holes in leadership at the Department, and these important positions must be filled in order to fill the holes in our homeland security.”