• This is a rush transcript from "The Journal Editorial Report," March 13, 2010. This copy may not be in its final form and may be updated.

    PAUL GIGOT, FOX HOST: This week on the "Journal Editorial Report," charges of McCarthyism are leveled against Liz Cheney for her campaign to identify Justice Department attorneys who once defended Gitmo detainees. Is her group's Al Qaeda seven ad over the top?

    And should Eric Holder make the lawyer's records public? We'll debate,

    Plus, Democrats are plotting some add-ones to the health care bill that could mean bad news for families struggling with college costs.

    And Indiana Governor Mitch Daniels on what Obama-care could mean for cash-strapped states.

    Welcome to the "Journal Editorial Report." I'm Paul Gigot.

    Charges of McCarthyism are being leveled against former Vice President Dick Cheney's daughter, Liz, over her recent campaign to identify current Justice Department attorneys who represented Gitmo detainees while in private practice. Lawyers from both sides of the political spectrum came out this week to criticize Cheney for this online ad produced by her group, Keep America Safe.


    AD ANNOUNCER: So who did President Obama's Attorney General Eric Holder hire? Nine lawyers who represented or advocated for terrorists detainees. Who are these government officials? Eric Holder will only name two. Why the secrecy behind the other seven? Whose do they share? Tell Eric Holder, Americans have a right to know the identity of the Al Qaeda seven.


    GIGOT: Joining the panel this week, Wall Street Journal columnist and deputy editor, Dan Henninger; editorial board member, Dorothy Rabinowitz; and columnist and deputy editor, Bret Stephens.

    So, Dorothy, is it fair to attack the Obama administration for hiring lawyers who did represent terrorists in private practice?

    DOROTHY RABINOWITZ, EDITORIAL BOARD MEMBER: It's a fair question, and it's fair to attack the people who exaggeratedly accuse these people of McCarthyism, because you can't rule out the element of political sympathy, can you? How can you avoid it? And people —

    GIGOT: Sympathy for?

    RABINOWITZ: The defendants. People who are —

    GIGOT: By the people representing them? You're saying that the people who represented these detainees have a sympathy with them?

    RABINOWITZ: Yes, you can — you're sitting alone in your office in the United States and you decide, well, where can I put my talents to work best? Of all the clients you're —

    GIGOT: Pro bono work.


    RABINOWITZ: Did you go to pick a U.S. soldier who is accused of something? No, no, you went to pick somebody who was caught on the field of battle and made a terrorist suspect, not only one, but you've made several of these choices. Can you really say that this was done without political sympathy? I remember William Council (ph) spending the last part of his years at absolute joy finding exactly such clients.