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	<title>Comments on: Blackwater Killers Immune from Prosecution</title>
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		<title>By: Grewgills</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208980</link>
		<dc:creator>Grewgills</dc:creator>
		<pubDate>Wed, 31 Oct 2007 09:47:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208980</guid>
		<description>&lt;blockquote&gt;The calls in some quarters for vengeance on Erik Prince are getting downright frightening. I&#039;m not so sure the left cares about the rule of law any more than the right.&lt;/blockquote&gt;
Where is this coming from?  I haven&#039;t seen it.
BTW A couple of rants by anonymous commenters on a blog are not indicative of the state of &quot;the left.&quot; 
&lt;blockquote&gt;How many folks are calling for free and fair trials for Blackwater employees?&lt;/blockquote&gt;
From what I have seen quite a few.  Most of the commentary I have read that does not support immunity calls for them to be tried either in Iraq or the US.</description>
		<content:encoded><![CDATA[<blockquote><p>The calls in some quarters for vengeance on Erik Prince are getting downright frightening. I'm not so sure the left cares about the rule of law any more than the right.</p></blockquote>
<p>Where is this coming from?  I haven't seen it.<br />
BTW A couple of rants by anonymous commenters on a blog are not indicative of the state of "the left." </p>
<blockquote><p>How many folks are calling for free and fair trials for Blackwater employees?</p></blockquote>
<p>From what I have seen quite a few.  Most of the commentary I have read that does not support immunity calls for them to be tried either in Iraq or the US.</p>
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		<title>By: Aaron R. Linderman</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208518</link>
		<dc:creator>Aaron R. Linderman</dc:creator>
		<pubDate>Wed, 31 Oct 2007 02:38:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208518</guid>
		<description>I&#039;m as much worried about the rule of law being undermined by Blackwater&#039;s detractors as by its supporters.  The calls in some quarters for vengeance on Erik Prince are getting downright frightening.  I&#039;m not so sure the left cares about the rule of law any more than the right.  How many folks are calling for free and fair trials for Blackwater employees?</description>
		<content:encoded><![CDATA[<p>I'm as much worried about the rule of law being undermined by Blackwater's detractors as by its supporters.  The calls in some quarters for vengeance on Erik Prince are getting downright frightening.  I'm not so sure the left cares about the rule of law any more than the right.  How many folks are calling for free and fair trials for Blackwater employees?</p>
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		<title>By: anjin-san</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208494</link>
		<dc:creator>anjin-san</dc:creator>
		<pubDate>Wed, 31 Oct 2007 02:08:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208494</guid>
		<description>&lt;blockquote&gt;Sure. I&#039;m all for sacking the idiots who offered immunity. But it&#039;s quite reasonable for a citizen to presume that, if a representative of his government, in his office, acting in his official capacity, makes him an offer that it&#039;s valid.&lt;/blockquote&gt; 

That might have been true back when this was a country under the rule of law, but I think you need to update your thinking a bit...</description>
		<content:encoded><![CDATA[<blockquote><p>Sure. I'm all for sacking the idiots who offered immunity. But it's quite reasonable for a citizen to presume that, if a representative of his government, in his office, acting in his official capacity, makes him an offer that it's valid.</p></blockquote>
<p>That might have been true back when this was a country under the rule of law, but I think you need to update your thinking a bit...</p>
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		<title>By: Ugh</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208188</link>
		<dc:creator>Ugh</dc:creator>
		<pubDate>Tue, 30 Oct 2007 21:36:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208188</guid>
		<description>&lt;blockquote&gt;To allow a representative of one agency to offer immunity and then have another agency benefit from that is to invite mischief.&lt;/blockquote&gt;

There&#039;s precedent for this, IIRC.  I think the oil companies were encouraged to collude by either State and/or Defense (or perhaps the president too, don&#039;t recall exactly who but it was clearly part of the executive branch) in the 20th Century and then whined about it when Justice hit them with an anti-trust suit for said collusion.  Did them no good, as I recall.</description>
		<content:encoded><![CDATA[<blockquote><p>To allow a representative of one agency to offer immunity and then have another agency benefit from that is to invite mischief.</p></blockquote>
<p>There's precedent for this, IIRC.  I think the oil companies were encouraged to collude by either State and/or Defense (or perhaps the president too, don't recall exactly who but it was clearly part of the executive branch) in the 20th Century and then whined about it when Justice hit them with an anti-trust suit for said collusion.  Did them no good, as I recall.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208166</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Tue, 30 Oct 2007 21:27:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208166</guid>
		<description>&lt;blockquote&gt;The State Department is not “the government”. It&#039;s a department of the government that should be following the rules just like everybody else.&lt;/blockquote&gt;

Sure. I&#039;m all for sacking the idiots who offered immunity. But it&#039;s quite reasonable for a citizen to presume that, if a representative of his government, in his office, acting in his official capacity, makes him an offer that it&#039;s valid. 

To allow a representative of one agency to offer immunity and then have another agency benefit from that is to invite mischief.</description>
		<content:encoded><![CDATA[<blockquote><p>The State Department is not “the government”. It's a department of the government that should be following the rules just like everybody else.</p></blockquote>
<p>Sure. I'm all for sacking the idiots who offered immunity. But it's quite reasonable for a citizen to presume that, if a representative of his government, in his office, acting in his official capacity, makes him an offer that it's valid. </p>
<p>To allow a representative of one agency to offer immunity and then have another agency benefit from that is to invite mischief.</p>
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		<title>By: Anderson</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208084</link>
		<dc:creator>Anderson</dc:creator>
		<pubDate>Tue, 30 Oct 2007 20:39:16 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208084</guid>
		<description>&lt;em&gt;It&#039;s a department of the government that should be following the rules just like everybody else.&lt;/em&gt;

Cf. &quot;telco immunity.&quot;</description>
		<content:encoded><![CDATA[<p><em>It's a department of the government that should be following the rules just like everybody else.</em></p>
<p>Cf. "telco immunity."</p>
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		<title>By: Dave Schuler</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208035</link>
		<dc:creator>Dave Schuler</dc:creator>
		<pubDate>Tue, 30 Oct 2007 19:54:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208035</guid>
		<description>&lt;blockquote&gt;
Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what&#039;s authorized, and then reneging on the basis that it was all a big mistake?
&lt;/blockquote&gt;
Do we really want every government clerk making policy?

The State Department &lt;b&gt;is not&lt;/b&gt; &#147;the government&#148;.  It&#039;s a department of the government that should be following the rules just like everybody else.</description>
		<content:encoded><![CDATA[<blockquote><p>
Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what's authorized, and then reneging on the basis that it was all a big mistake?
</p></blockquote>
<p>Do we really want every government clerk making policy?</p>
<p>The State Department <b>is not</b> &#8220;the government&#8221;.  It's a department of the government that should be following the rules just like everybody else.</p>
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		<title>By: anjin-san</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-208016</link>
		<dc:creator>anjin-san</dc:creator>
		<pubDate>Tue, 30 Oct 2007 19:33:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-208016</guid>
		<description>&lt;blockquote&gt;Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what&#039;s authorized, and then reneging on the basis that it was all a big mistake?&lt;/blockquote&gt;

You mean like when Bush promised to help rebuild New Orleans?</description>
		<content:encoded><![CDATA[<blockquote><p>Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what's authorized, and then reneging on the basis that it was all a big mistake?</p></blockquote>
<p>You mean like when Bush promised to help rebuild New Orleans?</p>
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		<title>By: Triumph</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207936</link>
		<dc:creator>Triumph</dc:creator>
		<pubDate>Tue, 30 Oct 2007 18:34:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207936</guid>
		<description>&lt;blockquote&gt;Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what&#039;s authorized, and then reneging on the basis that it was all a big mistake?&lt;/blockquote&gt;

This story is still murky--in fact someone came out today to say that the Blackwaterites were NOT granted immunity.

Of course, you would think that anyone being investigated would have counsel who could determine whether the offer of immunity was legitimate or not.  I am sure any decent lawyer would tell the State Department to get someone from Justice to develop the agreement before allowing his client to talk.</description>
		<content:encoded><![CDATA[<blockquote><p>Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what's authorized, and then reneging on the basis that it was all a big mistake?</p></blockquote>
<p>This story is still murky--in fact someone came out today to say that the Blackwaterites were NOT granted immunity.</p>
<p>Of course, you would think that anyone being investigated would have counsel who could determine whether the offer of immunity was legitimate or not.  I am sure any decent lawyer would tell the State Department to get someone from Justice to develop the agreement before allowing his client to talk.</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207931</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Tue, 30 Oct 2007 18:28:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207931</guid>
		<description>&lt;blockquote&gt;Since the limited immunities were not authorized, why do they apply?&lt;/blockquote&gt;

Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what&#039;s authorized, and then reneging on the basis that it was all a big mistake?</description>
		<content:encoded><![CDATA[<blockquote><p>Since the limited immunities were not authorized, why do they apply?</p></blockquote>
<p>Do we really want the government making promises to people, who accept them on the good faith proposition that the government knows what's authorized, and then reneging on the basis that it was all a big mistake?</p>
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		<title>By: Alan Kellogg</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207917</link>
		<dc:creator>Alan Kellogg</dc:creator>
		<pubDate>Tue, 30 Oct 2007 18:19:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207917</guid>
		<description>Since the limited immunities were not authorized, why do they apply?</description>
		<content:encoded><![CDATA[<p>Since the limited immunities were not authorized, why do they apply?</p>
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		<title>By: Wayne</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207911</link>
		<dc:creator>Wayne</dc:creator>
		<pubDate>Tue, 30 Oct 2007 18:12:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207911</guid>
		<description>I suspect just like those with diplomatic immunity, the U.S. if they wanted to could either expel the dependents from Iraq or hand over the defendants to Iraq for prosecution. Like many diplomatic incidents they usually get expel.</description>
		<content:encoded><![CDATA[<p>I suspect just like those with diplomatic immunity, the U.S. if they wanted to could either expel the dependents from Iraq or hand over the defendants to Iraq for prosecution. Like many diplomatic incidents they usually get expel.</p>
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		<title>By: Andy</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207868</link>
		<dc:creator>Andy</dc:creator>
		<pubDate>Tue, 30 Oct 2007 17:32:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207868</guid>
		<description>&lt;blockquote&gt;Brilliant. Bush can be president-for-life!&lt;/blockquote&gt;
Of Iraq?  Deal!</description>
		<content:encoded><![CDATA[<blockquote><p>Brilliant. Bush can be president-for-life!</p></blockquote>
<p>Of Iraq?  Deal!</p>
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		<title>By: James Joyner</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207823</link>
		<dc:creator>James Joyner</dc:creator>
		<pubDate>Tue, 30 Oct 2007 16:43:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207823</guid>
		<description>&lt;blockquote&gt;In other circumstances this would be called a &quot;truth and reconciliation commission.&quot; South Africa set up one after apartheid fell. The same arrangement is fairly common in America in certain types of investigations. This is not the shocking news its being made out to be.&lt;/blockquote&gt;

But we&#039;re not in the aftermath of a domestic regime change in the United States.  And there was an ongoing criminal investigation.

Yes, it&#039;s common to offer immunity to the small fish in order to go after the big fish. Here, though, it would seem these are THE fish.</description>
		<content:encoded><![CDATA[<blockquote><p>In other circumstances this would be called a "truth and reconciliation commission." South Africa set up one after apartheid fell. The same arrangement is fairly common in America in certain types of investigations. This is not the shocking news its being made out to be.</p></blockquote>
<p>But we're not in the aftermath of a domestic regime change in the United States.  And there was an ongoing criminal investigation.</p>
<p>Yes, it's common to offer immunity to the small fish in order to go after the big fish. Here, though, it would seem these are THE fish.</p>
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		<title>By: Aaron R. Linderman</title>
		<link>http://www.outsidethebeltway.com/archives/blackwater_killers_immune_from_prosecution/comment-page-1/#comment-207815</link>
		<dc:creator>Aaron R. Linderman</dc:creator>
		<pubDate>Tue, 30 Oct 2007 16:37:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.outsidethebeltway.com/archives/2007/10/blackwater_killers_immune_from_prosecution/#comment-207815</guid>
		<description>Actually, as you read through, the story line becomes familiar: in an effort to determine the truth of a matter, immunity is granted to those involved, to encourage full cooperation.  (With an exception retained for particularly gross offenders.)  In other circumstances this would be called a &quot;truth and reconciliation commission.&quot;  South Africa set up one after apartheid fell.  The same arrangement is fairly common in America in certain types of investigations.  This is not the shocking news its being made out to be.</description>
		<content:encoded><![CDATA[<p>Actually, as you read through, the story line becomes familiar: in an effort to determine the truth of a matter, immunity is granted to those involved, to encourage full cooperation.  (With an exception retained for particularly gross offenders.)  In other circumstances this would be called a "truth and reconciliation commission."  South Africa set up one after apartheid fell.  The same arrangement is fairly common in America in certain types of investigations.  This is not the shocking news its being made out to be.</p>
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