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Rumsfeld takes no blame in Tillman case

A three-star no-show and the appearance of a controversial former defense secretary fueled the buzz coming out of a Capitol Hill hearing Wednesday that otherwise did little to answer lingering questions about how high any cover-up went on the friendly fire death of Cpl. Pat Tillman went.

Retired Lt. Gen. Philip Kensinger, one of several top officers and Pentagon officials “invited” to testify on the handling of the April 22, 2004, death of Tillman, did not appear.

He was the only invited witness who did show for the House Oversight and Government Reform Committee’s hearing.

Donald Rumsfeld, former defense secretary, was among the invited who did show. It was his first public appearance on Capitol Hill since President Bush sacked him late last year. He reiterated previous testimony to investigators that he didn’t have early knowledge that Tillman was cut down by fellow Rangers in Afghanistan, not by enemy militia, as was initially claimed.

Committee Chairman Henry Waxman, D-Calif., alleged that unanswered questions surrounding Tillman’s death reach into the highest ranks of the Pentagon and beyond.

Before the hearing started, Rumsfeld entered smiling and shook hands with other invitees, including retired Air Force Gen. Richard Myers, former head of the Joint Chiefs of Staff, and retired Gen. John P. Abizaid, former commander of the U.S. Central Command.

Under questioning, each denied any attempt to cover up how Tillman died.

“I know of nothing that suggests that,” Rumsfeld said. “I know I would never suggest a cover up, I know no one in the White House suggested that to me.”

“there was never any attempt to cover up. This was never discussed,” Myers said.

“No, sir, I don't think there was a cover up,” Abizaid said. “I think people tried to do the right thing but the right thing didn't happen.”

Rumsfeld said as far as he can remember, he received word about the possibility of friendly fire sometime after May 20, 2004, but that he is unsure when he learned about it.

Who knew what, and when, has been at the core of seven separate investigations into the death of Tillman, widely acclaimed for leaving a lucrative pro football career to enlist in the Army in May 2002.

Initial reports indicated Tillman died in firefight with enemy forces, but officers up the chain of command learned within as soon as one day that friendly fire was the likely cause. Though that information was moved up the chain to senior commanders, it was not made public for weeks, after Tillman was honored in a widely broadcast memorial as the victim of enemy fire.

Secretary of the Army Pete Geren and other service leaders say withholding the truth served only to seriously damage the service’s credibility and hurt Tillman’s family.

However, he said that though the Tillman case was mishandled, there was no cover up of the cause of his death.

On Tuesday, he and Army officials announced the findings of the latest investigation into Tillman’s death and that as a result Kensinger was being censured and a board would review whether to strip him of his third star.

Geren said Kensinger did not tell the truth to investigators working on the Tillman case.

“I believe the buck stops with General Kensinger,” Geren told the Pentagon press corps.

Along with action taken against Kensinger, four other general officers received minor reprimands for mistakes made in handling the case.

The commander of Army Special Operations Command at the time of Tillman’s death, Kensinger retired in February.

A review panel made up of four-star generals will decide whether Kensinger should have his rank reduced. Geren also announced lesser punishments of seven other officers.

Kensinger’s attorney, Charles W. Gittins, said Tuesday night that Kensinger was away on business travel.

“He declined the committee invitation to testify two weeks ago, so it was no surprise to the committee that he had no intent to participate in a hearing that is all about show and no substance,” Gittins said.

Gittins said his client “had no reason to lie” and had told investigators “everything he knows” about the case. In May, in a rebuttal letter to the general who reviewed the matter, Kensinger firmly rejected all accusations that he had lied.

Among possible evidence that the White House knew of the circumstances of Tillman’s death, lawmakers have cited a memo written by a top general seven days after Tillman’s death warning it was “highly possible” the Army Ranger was killed by his own comrades and making clear his warning should be conveyed to the president.

President Bush made no reference to the way Tillman died in a speech delivered two days after the memo was written.

A White House spokesman has said there’s no indication Bush received the warning in the memo written April 29, 2004, by then-Maj. Gen. Stanley McChrystal to Abizaid.

McChrystal was spared punishment in the investigation report released Tuesday. The investigation concluded McChrystal behaved reasonably in assuming the supporting material for Tillman’s Silver Star recommendation was accurate, and in conveying the message about the likelihood of friendly fire in Tillman’s death.

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3-star censured for actions in Tillman case