Rumsfeld faces House oversight panel on Tillman death

Hearing witnesses say there was no attempt at a cover-up, but acknowledge the Army failed to follow rules in informing family of circumstances.

Former Defense Secretary Donald Rumsfeld told a House investigative committee Wednesday he did not learn that Army Cpl. Patrick Tillman, a former professional football star turned Army Ranger, was killed in Afghanistan by friendly fire until nearly a month later and does not recall ever discussing that with anyone in the White House.

Although he said he could not recall specifically when he was told Tillman was hit by friendly fire, Rumsfeld cited a December 2006 response to the Pentagon inspector general in which he said he learned that information some time after May 20.

Tillman was killed April 22, 2004, and his family and the nation were told he was killed by enemy fire. The fact that he was shot by fellow Rangers was not disclosed until May 29.

"I am confident that I did not discuss this matter with anyone outside the Department of Defense," Rumsfeld told the House Oversight and Government Reform Committee. Three former senior military commanders, including retired Air Force Gen. Richard Myers, a former chairman of the Joint Chiefs of Staff, also testified that they became aware how Tillman died well after the event and never talked to anyone at the White House about it.

The four witnesses also said they did not believe there was any attempt to cover up the truth about Tillman's death, but agreed the Army failed to follow its own rules on informing the family of the circumstances and offered their apologies to the family.

"People tried to do the right thing, but the right thing was not done," said retired Army Gen. John Abazaid, who was commander of the U.S. Central Command when Tillman died. Army Gen. Byron (Doug) Brown, former commander of the U.S. Special Operations Command, which includes the Army Rangers, said it was Army policy to notify a family of the possibility of fratricide as soon as possible and no later than 30 days after the death, but that was not followed.

The witnesses all agreed that although Tillman was killed by fellow Rangers, it did not change the fact that he performed heroically by standing up in the face of heavy gunfire in an effort to protect his men. Tillman was awarded the Silver Star, the third highest award for gallantry in combat, for what was described as bravery under enemy fire.

Absent from the hearing was retired Lt. Gen. Phillip Kensinger, former commander of Army Special Operations Command, who refused to testify and evaded service of a subpoena. Army Secretary Preston (Pete) Geren announced Tuesday that he had censured Kensinger and recommended that an Army board consider reducing him in rank for lying to investigators about the Tillman fratricide.

House Oversight and Government Reform Chairman Henry Waxman, D-Calif., said the committee was perusing the Tillman case "because the misinformation was so profound and it persisted so long." Waxman said the committee still does not know when President Bush learned the truth about Tillman's death.

Oversight and Government Reform ranking member Tom Davis, R-Va., said none of the information the committee has received "suggests the Defense secretary or the White House were aware Tillman's death was a friendly fire incident before late May," when the family was told.