General McChrystal No Show at House Oversight Committees August 1st 2007 Tillman Hearing

12-26-10 UPDATES: A Lexus-Nexis search found the full CNN transcript of the only mention by the media during the hearing of McChrystals absence (Ive placed relevant excerpts from that transcript at the end). Also, I found an 8-04-07 AP article that mentioned that McChrystal declined(?!) to appear. ... On July 13th 2007, Chairman Waxman invited Rumsfeld, four retired generals, and General McChrystal to testify at his August 1st 2007 Tillman hearing. My screen print from July 20th shows the House Oversight Committees announcement of their August1, 2007 hearing with McChrystal listed as the only invitee still on active duty [Update: McChrystal was still on the list as of 7-28-07]. General Kensigner evaded a supoena and did not appear at the hearing. However, it went unmentioned by Waxman that General McChrystal also never showed up to testify. Did McChrystal refuse to appear, or did Waxman rescind his invitation? [Update: see 8-04-07 AP article below that says McChrystal declined to appear]. (Waxman had subpoena power if push came to shove). Chairman Waxman never explained McChrystals absence from the hearing. The Oversight Committees July 17th 2008 Final Report notes that Kensinger later testified before the Committee in a closed hearing. However, there is no mention that McChrystal ever testified at a later date. Why not given his central role in the Tillman cover-up? After all, he authored the P4 memo and led the writing of the fraudulent Silver Star. Was Waxmans rationale for not questioning McChrystal that he had just been exonerated of all wrong-doing by General Wallace the day before and that McChrystal supposedly tried to alert his chain of command [with his P4 memo] that Tillman may have been killed by friendly fire? [Update: see 7-27-07 LA Times article below]. And, not to be conspiracy-minded, but this quote from a CNN raises some questions: "There is another man who will not be in the room. That is Lieutenant General Stan McChrystal. It should be very clear to everyone, General McChrystal is the head of covert special forces. The so-called dark or black forces. The ones who stay undercover ... Because of his extraordinarily sensitive position with covert special forces, he is not

appearing in public. And so he will not be questioned further by the committee in an open hearing." The phrase will not be questioned further in an open hearing begs the question; did the Committee hold a closed hearing prior to their public August 1st hearing with Gen. McChrystal? (The Senate Armed Services Committee held just such a secret, closed hearing on May 15th 2008 for their confirmation hearing for McChrystal). Was the Committee protecting McChrystal from public scrutiny? Was the Committees hearings and investigation just working hand-in-hand with the Armys cover-up?

...

12-26-10 UPDATE: Lexus-Nexis search found this piece. Perhaps the Army clearing
McChrystal of all wrong-doing set the stage for Congress to allow him to decline attending the hearing just a few days later?

From Sanctions set in handling of Tillman death Punishment said to exceed suggestions for retired general
Julian E. Barnes, Los Angeles Times Friday, July 27, 2007 (07-27) 04:00 PDT Washington -- The Army secretary is expected to take the rare step of recommending a retired three-star general be demoted for misleading investigators probing the military's handling of the 2004 death of Army Ranger Pat Tillman The Army will spare Lt. Gen. Stanley McChrystal, who currently oversees Special Operations forces in Iraq and Afghanistan. Officials briefed on the report said that McChrystal was spared because he tried to alert his chain of command that Tillman may have been killed by friendly fire. ... Excerpted from Tillman Memo Contradicted Citation SCOTT LINDLAW and MARTHA MENDOZA, Associated Press Writers August 4, 2007 Saturday 4:47 AM GMT Just a day after approving a medal claiming former NFL player Pat Tillman had been cut down by "devastating enemy fire" in Afghanistan, a high-ranking general tried to warn President Bush that the story might not be true, according to testimony obtained by The Associated Press. Despite this apparent contradiction, Lt. Gen. Stanley McChrystal was spared punishment in the latest review of Tillman's shooting. On Tuesday, the Army overruled a Pentagon recommendation that he be held accountable for his "misleading" actions. ... "Why did you recommend the Silver Star one day and then the next day send a secret backchannel message [Note: Krakauer used this phrase in his book] warning the country's leaders

about using information from the Silver Star in public speeches because they might be embarrassed if they do?" an investigator asked McChrystal. Despite numerous questions, the general never directly explained the discrepancies. "That question seems to imply the fact that we were giving the award with one hand and then with the other hand saying it was something different," he protested. "But that's exactly the opposite of the way I felt and feel now." ... Among those who work with him, McChrystal is respected and admired for his leadership and integrity. He also has the trust of Bush, who despite the secrecy of McChrystal's operation publicly praised him last year when al-Qaida in Iraq leader Abu Musab al-Zarqawi was killed in a U.S. airstrike. Attempts to reach McChrystal this week by telephone and e-mail were unsuccessful. Ken McGraw, a spokesman for US Special Operations Command, said in an e-mail Friday that it would be "inappropriate" for McChrystal to comment or speculate about the punishment decisions. McChrystal also declined an invitation to appear Wednesday before a congressional committee investigating the misinformation given to Tillman's family and the American public following his friendly fire death in Afghanistan. Note: decline? How does an active-duty general decline to appear before Congress? Besides, Waxman had supeona power (which he issued for Gen. Kensinger, the scapegoated officer who also didnt appear) ... After a year-long inquiry that ended in March, the Pentagon's acting inspector general found that McChrystal should be held "accountable for the inaccurate and misleading assertions" in the Silver Star award recommendation; and for failing to notify the officials processing the award that friendly fire was likely. ... But the Army cast that aside Tuesday when it overruled the Pentagon's recommendation. Another Army general, William Wallace, concluded McChrystal had behaved reasonably in assuming the supporting material presented to him for Tillman's Silver Star recommendation was accurate. The Army's statement Tuesday made no mention of McChrystal's acknowledgment under oath that he had known prior to approving the Silver Star that fratricide was a strong possibility.

Asked by a reporter at a news conference Tuesday why McChrystal did not simply call Tillman's family, Army Secretary Pete Geren said that was the job of another chain of command run by Lt. Gen. Philip R. Kensinger Jr., who then led Army special operations forces. Kensinger, who has since retired, was censured by the Army for allegedly lying to investigators and for a "a failure of leadership." ... END UPDATE

From CNNs AMERICAN MORNING

Tillman Investigation: Rumsfeld Expected to Testify Today; TSA's Fast Track Slowed Down; Highway Collapse: Driver Survives Steel Beam Crush Aired August 1, 2007 - 07:59 ET KIRAN CHETRY, CNN ANCHOR: But we begin this morning in Washington. A hearing on the friendly fire death of former NFL star Pat Tillman bringing a line of old military leaders to Capitol Hill. Leading the group, former defense chief Donald Rumsfeld. CNN's Barbara Starr is working this story from the Pentagon. And what do we expect to hear from Secretary Rumsfeld this morning? What do they want to know from him? BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Kiran, in a couple of hours from now, the House Government Oversight Committee will have that very extraordinary hearing. Former defense secretary Don Rumsfeld expected to testify, as well as General John Abizaid, the former four-star chief of Central Command. CHETRY: Yes, you speak about the Tillman family. Now, yesterday the army censured this retired genera [Kensinger]l, citing a "failure of leadership". They accused him of lying to investigators that were looking into the aftermath of his death. But even with that punishment and the testimony that's going to be taking place today, the Tillman family is not happy. What do they want to see happen? STARR: Well, you know, they are not, by all accounts. They have made a number of public statements over the years about what they believe happened here. But several Army and military investigations have happened. None of them have found any criminal wrongdoing. They have all found that it was friendly fire, confusion in the battlefield, misjudgment. And as you say, yesterday, retired Lieutenant General Philip Kensinger, a three-star, was censured for

being deceptive to investigators. He is most likely now to lose one of his stars in retirement, and that means a loss of retirement pay. But again, what they found was no criminal wrongdoing. It should be said, of course, that General Kensinger has filed documents with the government objecting to that punishment, saying that he told the investigators what he knew to the best of his recollection. He also may appear at the committee this morning. We may hear more from him -Kiran.

From CNNs THE SITUATION ROOM

Rumsfeld Testifies on Capitol Hill; Russia Takes Lead in Race for North Pole Aired August 1, 2007 - 17:00 ET WOLF BLITZER, HOST: And to our viewers, you're in THE SITUATION ROOM. Happening now, Donald Rumsfeld is back. The former defense secretary under fire on Capitol Hill, defending himself against allegations of a cover-up against Afghanistan. Let's go live to our Pentagon correspondent, Barbara Starr. He got quite a grilling today, Rumsfeld. Those of us, at least we were watching it, seemed -- there seemed to be some pretty tough questions there. BARBARA STARR, PENTAGON CORRESPONDENT: Well, nothing has really changed, Wolf. Rumsfeld was back and he is the same Don Rumsfeld, certain about what he knows and what he doesn't know. While we heard from Rumsfeld today, we did not hear from Philip Kensinger, the retired three star general who led Army Special Forces at the time of Pat Tillman's death. Just yesterday, he was censored for "a failure of leadership" -- that's a quote -- and was found "guilty of deception." Committee Chairman Henry Waxman says Kensinger was invited to testify, refused to appear. He was subpoenaed, but could not be located. Kensinger's attorney says he was away and had declined the invitation. Kensinger has filed papers with the military objecting to the punishment, saying he told investigators everything he could remember.

... Note: I could not locate the original CNN transcript for the following quote (several programs do not have transcripts back to 2007) [Update: see full transcript at end]. I spotted this quote in a May12, 2009 Time article Stan McChrystal: The New U.S. Commander in Afghanistan by M.J. Stephey.

It appears Barbara Starr had just finished talking about Kensingers failure to appear at the hearing when she said the following during another CNN broadcast: "There is another man who will not be in the room. That is Lieutenant General Stan McChrystal. It should be very clear to everyone, General McChrystal is the head of covert special forces. The so-called dark or black forces. The ones who stay undercover ... Because of his extraordinarily sensitive position with covert special forces, he is not appearing in public. And so he will not be questioned further by the committee in an open hearing." Barbara Starr, CNN correspondent, on McChrystal's absence during an August 2007 Congressional hearing over the friendly-fire death of former NFL star Pat Tillman (CNN, Aug. 1, 2007). ... Note: On July 13th 2007, Chairman Waxman invited Rumsfeld, several retired generals, and McChrystal to testify at the August 1st 2007 Tillman hearing. My screen print from July 20th shows McChrystal as the only invitee still on active duty. However, McChrystal never testified. So did McChrystal refuse to appear, or did Waxman rescind his invitation? And, not to be conspiracy-minded, but the phrase will not be questioned further in an open hearing begs the question; did the Committee hold a closed hearing prior to their public August 1st hearing with Gen. McChrystal? (The Senate Armed Services Committee did exactly that on May 15th 2008; McChrystals only public comments were at his confirmation hearing the following year on June 2nd 2009). The Committees July 17th 2008 Final Report notes that Kensinger later testified before the Committee in a closed hearing. However, there is no mention that McChrystal ever testified at all. Why not given his central role in the Tillman cover-up? After all, he authored the P4 memo and led the writing of the fraudulent Silver Star.

...

Stan McChrystal: The New U.S. Commander in Afghanistan

By M.J. STEPHEY Tuesday, May. 12, 2009 Time With violence and anti-American sentiment on the rise, it's plain to see that military operations in Afghanistan are not going well. But if Defense Secretary Robert Gates is right, three-star Army Lieut. General Stan McChrystal is just the guy to turn things around. But McChrystal's role in the friendly-fire death of former NFL star Pat Tillman as well as prisoner abuses allegedly committed on his watch at Baghdad's Camp Nama mean his Senate confirmation might not go as smoothly (or swiftly) as Gates hopes. (Read Joe Klein's take on McKiernan's Afghan exit.) ... Quotes About: "JSOC is awesome." George W. Bush, praising McChrystal for his "collaborative warfare" approach to gathering intelligence in Iraq and hunting down high-profile insurgents (Washington Post, Sept. 8, 2008).

"There is another man who will not be in the room. That is Lieutenant General Stan McChrystal. It should be very clear to everyone, General McChrystal is the head of covert special forces. The so-called dark or black forces. The ones who stay undercover ... Because of his extraordinarily sensitive position with covert special forces, he is not appearing in public. And so he will not be questioned further by the committee in an open hearing." Barbara Starr, CNN correspondent, on McChrystal's absence during an August 2007 Congressional hearing over the friendly-fire death of former NFL star Pat Tillman (CNN, Aug. 1, 2007). Note: I was unable to find the original transcript at the CNN website, although I did find some other related transcripts [Update: see the following transcript].
...

Here are the relevant excerpts from the CNN transcript which has the only mention of McChrystals absence from the 8-01-07 Congressional hearing:

12-26-10 UPDATE:

Tillman Friendly-Fire Death; Bombing In Baghdad; Crash In Miami; Gerri's Top Tips
Excerpts from CNN NEWSROOM, August 1, 2007 Wednesday 10:00 AM EST Note: this transcript is not in the cnn.com transcripts. I found it by searching Lexus-Nexis after seeing a portion quoted in Time magazine in 6-09. BYLINE: Heidi Collins, Tony Snow, Barbara Starr, Arwa Damon, Fredricka Whitfield, Gerri Willis, Phil Black, Ted Rowland, Chris Hawes (ph) HIGHLIGHT: Questions over a friendly fire death. Donald Rumsfeld testifying in the Pat Tillman investigation at a hearing today. TONY HARRIS, CNN ANCHOR: So here's what's on the rundown. The Pat Tillman investigation. Testimony begins this hour. Former Defense Secretary Donald Rumsfeld among those expected to speak. ... COLLINS: Questions over a friendly fire death. Looking for answers from the former defense secretary. Donald Rumsfeld testifying in the Pat Tillman investigation at a hearing that begins this hour. We are watching it for you with those live pictures that you see. Meanwhile, Pentagon correspondent Barbara Starr is joining us now live this morning. Barbara, why Rumsfeld and General Abizaid agreed to actually appear today? Kind of unusual? BARBARA STARR, CNN CORRESPONDENT: It is very unusual, Heidi. Both men have pretty much stayed out of the public limelight since they left office several months ago. We've talked to people who are quite close to them this morning. Note: Waxman had subpeona power! Why would Rumsfeld have to agree to testify? And especially with Secretary Rumsfeld, what we are told is his knowledge of the Tillman matter really was quite limited. He was informed by his staff of what they knew. But he knows that this is a matter of great public controversy. He's very aware that the public is watching this matter as well as the military. He, Secretary Rumsfeld, General Abizaid, General Myers, the former chairman of the Joint Chiefs of Staff, all, we are told, want to appear in public, want to say what they know and want

to reassure the public that there was no coverup of this matter. That, of course, is the central question still on the table. The Tillman family, after all these years, remains very concerned, very distressed and upset, believing that the government knew something that it did not reveal in a timely manner. And all of these men are expected to be asked today quite bluntly what they knew and when they knew it. Heidi. COLLINS: Well, Barbara, is there anything that any of them are expected to say that could actually change the investigation or the way possibly the family, who we understand will be in the room, will feel about how things happened? STARR: I don't think that is likely from any of these very top officials. But let's be clear, there's a couple of people who will not be in the room today. So what is not being said may be equally interesting. Lieutenant General Phillip Kensinger, censured yesterday. A three star retired general. Likely to lose one of his stars. He was subpoenaed by all accounts. He is traveling away from home. They cannot find him. Apparently the marshals unable to serve a subpoena. He will not appear today. He has already filed papers objecting to his punishment, saying he was not deceptive to investigators when he was questioned. That he simply said what he knew to the best of his recollection. There is another man who will not be in the room. That is Lieutenant General Stan McChrystal. It should be very clear to everyone, General McChrystal is the head of covert special forces. The so-called dark or black forces. The ones who stay under cover. General McChrystal also was somewhat implicated in the case for knowing some of the details. But he was cleared of any wrongdoing in that investigation [Geren 7-31-07] that was made public yesterday. [Note: the previous 2 sentences were removed by Time Magazine in their 5-12-09 quote from this transcript.] Still, because of his extraordinarily sensitive position with covert special forces, he is not appearing in public. And so he will not be questioned further by the committee in an open hearing. Note: Before seeing this full transcript, I suspected that the Committee had held a secret closed hearing with McChrystal. Thats still quite possible (see the Senate Armed Services Committee 5-15-08 secret hearing with McChrystal), but the full transcript suggests that Starrs questioned further may have referenced the DoD IGs investigation. In her later broadcasts, Barbara Starr never again mentioned McChrystals absence from the hearing (only Kensingers). The only other mention Ive found to McChrystals absence was the 8-04-07 AP report that said McChrystal declined the Committees invitation! ...

COLLINS: What did Pentagon leaders know about Pat Tillman's death and when? That's exactly what a House committee hopes to find out today. Former Defense Secretary Donald Rumsfeld testifying before the committee in a hearing that begins this hour. Tillman is the NFL star turned Army ranger killed by friendly fire in Afghanistan. His death was initially blamed on hostile fire. The Army secretary denies there was a coverup, but yesterday he announced the censure of retired three-star General Phillip Kensinger. (BEGIN VIDEO CLIP) PETE GERGEN, ARMY SECRETARY: For casualty notification, safety investigation and administrative control of the second battalion, 75th Ranger regiment, General Kensington was the captain of that ship. And his ship ran aground. It ran aground because he failed to do his duty. (END VIDEO CLIP) COLLINS: A review board will determine whether Kensinger should have his rank reduced. ... HARRIS: And once again we want to take you back to Washington, D.C., and the hearing room there and the swearing in just moments ago of the speakers who will testify this morning, including former Defense Secretary Donald Rumsfeld. The hearing before the House Oversight Government Reform Committee. The former secretary is testifying now. Let's listen in to his opening statements. DONALD RUMSFELD, FORMER DEFENSE SECRETARY: One of the Department of Defense's foremost responsibilities is to tell the truth to some of the three million military civilian and contract employees who dedicate their careers to defending our nation, to the military families who endure the extended absence of their fathers, mothers, husbands, wives, sons and daughters, and to the American people for whom all of those connected to the Department of Defense strive each day to protect. In March 2002, early in my tenure as secretary of defense, I wrote a memo for the men and women of the Department of Defense titled "principles for the Department of Defense." I've attached a copy of that memo to my testimony. You'll note that in principle number one, the very first, addresses the points that both you and Mr. Davis have made. It says do nothing that could raise questions about the credibility of DOD. Department officials must tell the truth and must be believed to be telling the truth or our important work is undermined.

Mr. Chairman, your invitation to today's hearing, you asked that we be prepared to discuss how we learned of the circumstances surrounding Corporal Tillman's death, when we learned of it, and whom we discussed it -- with whom. I'm prepared to respond to the questions to which pertain to these matters to the best of my ability. In December 2006, I sent a letter to the acting inspector general of the Department of Defense, Mr. Thomas Gimble, describing my best recollection of those events, which by that point had occurred some two and half years previously. The committee has been given a copy of that letter and I'd like to quote a portion of it. "I am told that I received word of this development some time after May 20, 2004. But my recollection reflects the fact that it occurred well over two years ago. As a result, I do not recall when I first learned about the possibility that Corporal Tillman's death might have resulted from fratricide." I went on to say, "I'm confident that I did not discuss this matter with anyone outside of the Department of Defense." Obviously during that early period. I have subsequently to that period. What I wrote in December of 2006 remains my best recollection today of when I was informed and with whom I talked before May 20. I understand that the May 20, 2000 date was shortly before the Tillman family was informed of the circumstances on May 26, 2004. Your invitation to appear before the committee also asked about my knowledge of a personal 4 (ph) or P4 message dated April 29th, 2004. That message was not addressed to me. I don't recall seeing it until recent days when copies had been made available. There are a great many, indeed many thousands of communications throughout the Department of Defense that a secretary of defense does not see. I understand that the acting inspector general's report concluded that there were errors among some of those responsible for the initial reports. Any areas in such a situation are most unfortunate. The Tillmans were owed the truth delivered in a forthright and timely manner and certainly the truth was owed to the memory of the man whose valor, dedication and sacrifice to his country remains an example for all. Thank you, Mr. Chairman. UNIDENTIFIED MALE: Thank you very much, Mr. Rumsfeld. General Myers.

GENERAL RICHARD MYERS, FORMER JOINT CHIEFS CHAIRMAN: Well, thank you, Mr. Chairman. The only thing I would like to say is, just offer my condolences as well to the Tillman family. Not only for the loss, but for the issues that they've been struggling with since then and the whole notification issues that's being looked at by this committee. They clearly don't deserve that for Pat Tillman's memories. HARRIS: You've been listening to the opening statements first from former Defense Secretary Donald Rumsfeld and now the opening statement, just a short one, from General Richard Myers, former chairman of the Joint Chiefs of Staff, as the investigation gets underway. The hearing, the House Oversight and Government Reform Committee, that the critical questions to be answered by -- to be asked of these men and to be answered what everyone knew, when they knew it and with whom they discussed Corporal Tillman's death. ... COLLINS: And I'm Heidi Collins. We have been watching all morning long the hearing that has just gotten under way. We are talking about the House Oversight and Government Reform Committee that is looking into the Pat Tillman death, trying to learn what the Defense Department knew and did not know about his death and the circumstances surrounding it, and the way, most importantly, that the family was notified regarding his death. I'm sure you remember. First it was said that he was killed in combat, and then later friendly fire. We have already heard from Defense Secretary Donald Rumsfeld, at least his opening statement, where he said he was sure "the family felt great sorrow of their son's death, and the handling of the circumstances could only have added to the pain of losing a loved one. I offer my deep regrets." He will continue to take questions and we will monitor that for you and bring anything to you that seems interesting. ... HARRIS: What did Pentagon leaders know about Pat Tillman's death and when? That's what a House committee hopes to find out today. Former Defense Secretary Donald Rumsfeld testifying right now before a committee in a hearing happening in Washington. Tillman is the NFL star turned Army Ranger killed by friendly fire in Afghanistan. His death was initially blamed on hostile fire. The Army's secretary denies there was a coverup. Yesterday he announced the censure of retired three-star General Philip Kensinger. (BEGIN VIDEO CLIP)

PETER GEREN, ARMY SECY.: For casualty notification, safety investigation and administrative control of the second battalion, 75th Ranger Regiment, General Kensinger was the captain of that ship, and his ship ran aground. It ran aground because he failed to do his duty. (END VIDEO CLIP) HARRIS: A review board will determine whether Kensinger should have his rank reduced. ... Note: the repeated message was that Gen. Kensinger was the captain of that ship and failed to do his duty. Amir Bar-Levs film The Tillman Story included that clip and suggested that Kensinger was the scapegoat for Rumsfeld or President Bush. However, I believe that Kensinger was scapegoated primarily to protect McChrystal. Kensingers absence from the hearing and evading subpoena was mentioned, but McChrystals absence was only mentioned anywhere (once) by Barbara Starr.