Waxman twists immunity issue

Congressman Henry Waxman has twisted the Blackwater immunity issue to mislead the public about what the State Department's post-Nisoor Square action really means. Brit Hume, Morton Kondracke, Charles Krauthammer and Fred Barnes discuss the issue on Fox News. A partial transcript follows:

HUME: The issue is Blackwater. And the irrepressible Chairman of the House Oversight and Government Reform Committee Congressman Henry Waxman, the investigator of California, is saying this in a letter to the Secretary of State: "This rash grant of immunity was an egregious misjudgment. It raises serious questions about who conferred the immunity, who approved it at the State Department, and what their motives were."

And what grant of immunity is he talking about? He is talking about a grant of what is called "use immunity" to certain of the Blackwater USA personnel who were involved in that shooting incident last month in which 17 Iraqi civilians were killed.

There is a big investigation going on. The State Department conducted its own, and immunity was granted. Now, is this all total immunity from prosecution? Who better to ask than Mort Kondracke?

KONDRACKE: This is called a "Garrity warning," and it refers to a 1967 Supreme Court case in which police officers and others public officials whoa re required to testify and give evidence or lose their jobs cannot have what they say be used against them.

HUME: Used against them, but it can be used against others, though.

KONDRACKE: But it can be used against others. So—

HUME: And they are not immune from prosecution, but they just cannot have their own words used against them.

KONDRACKE: right. That is the warning that was given in this case. Now some FBI people, and Jennifer Griffin quoted one of them last night on our air, saying that this is going to make an FBI investigation more difficult, especially because, apparently, some of these guards are using the Garrity, this limited immunity as an excuse not to talk to the FBI, which I do not think is allowed, but, nonetheless, that is what they're doing.

The bottom line here, it seems to me, is that these are professionally trained people. And they ought to be able to do both things that they are required to do—protect Americans, including Congressman, in Iraq, and not kill civilians at the same time.

And the early evidence suggests that on September 16 there was not enemy activity—we do not know this for sure—but there was not enemy activity and they shot up a bunch of civilians.

KRAUTHAMMER: We do not know that there was no enemy activity.

Commentators look at motives for attacking Blackwater

Fox News commentators discuss the motives of Congressman Waxman, and senators like John Kerry, for attacking Blackwater. Excerpts of the October 31 discussion between Brit Hume and Charles Krauthammer follow:

KRAUTHAMMER: One of three things happened [at the September 16 Nisoor Square incident]. Either there was shooting, in which case the response of the guards was appropriate. There was not, but they imagined or thought or had the impression that they were under attack, in which case it is a tragic error, it requires discipline, but not locking them away. And the third option is that these are psychopaths who are itching to kill civilians wantonly while running protection for Americans in convoys.

The way that Democrats have attacked these guards and this operations implies—I think it seems as if they are assuming that third option, and acting accordingly.

Look, this is a proxy way of attacking the U.S military. The Democrats learned 30 years ago that if you attack American soldiers in war the way that John Kerry did 30 years ago, you suffer politically for 30 years and more. And nobody does that in this war.

But these contractors, who are called "mercenaries," are fair game. And it is a way to actually do that.

I would call them honorable Americans earning a living in a way that is helping a war effort, and at high risk to themselves.

HUME: They are protecting the hindquarters of members of Congress who visit over there all the time, not one of whom has had a hair on his or her head harmed.

KRAUTHAMMER: That is absolutely right.

HUME: They have, however, lost some 30 of their own.

KRAUTHAMMER: I think 30 of their own have died.

Fred Barnes attests to Blackwater role

In the final part of the October 31 Fox News discussion on Blackwater, commentator Fred Barnes tells of his personal experience with the company and why the security providers have fallen under partisan attack:

BARNES: There are strikingly different versions of what happened on September 16, and I don't think they have been sorted out yet. Obviously, people in the Iraqi government believe what they heard from some citizens, which was that there was no provocation for this killing of the civilians.

Blackwater does a fantastic job. I have actually been protected by Blackwater when I was over there and going around with American officials there. They are very good, they are very professional. Most of their work is done by competitive bidding. They are not overpaid. They often get killed. They have had casualties, and they do a job that it would take 15,000 troops to do.

Why is this an issue? Because the war is going well. Democrats do not want to talk about that, so they have made up a Blackwater scandal.