Notes:1 Captain Richard M. Scott, Commander, Headquarters & Headquarter Company, 2nd Battalion, 75th Ranger Regiment, AR 15-6 Final Report [Incomplete Draft] (Apr. 29, 2004).
2 Id. Although a complete draft of Captain Scott’s report has not been located, the Department of Defense Inspector General collected available drafts and exhibits and identified Captain Scott’s major findings. Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 7 (Mar. 26, 2007) (IPO2007E001).
3 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 2 (Mar. 26, 2007) (IPO2007E001).
4 Id. at 20.
5 U.S. Central Command, Report of Fratricide Investigation (May 28, 2004) (containing May 8, 2004, AR 15-6 report by Lieutenant Colonel Ralph L. Kauzlarich, Executive Officer, 75th Ranger Regiment).
6 Id. at 1.
7 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 2, 31-32 (Mar. 26, 2007) (IPO2007E001).
8 Id. Army rules require both a 15-6 "legal" investigation and a prompt safety investigation in cases of fratricide. Army Regulation 385-40 (1994); DOD Instruction 6055.7 (2000).
9 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army (Mar. 26, 2007) (IPO2007E001).
10 U.S. Army Safety Center, U.S. Army Accident Report, Date of Accident 040422 (undated).
11 Brigadier General Gary M. Jones, U.S. Army Special Operations Command, Army Regulation (AR) 15-6 Investigation — CPL Patrick Tillman (Jan. 7, 2005).
12 Id.
13 Id. at 10.
14 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 3 (Mar. 26, 2007) (IPO2007E001).
15 Id.
16 Id. at 2.
17 Id. at 54.
18 House Committee on Oversight and Government Reform, Testimony of Thomas Gimble, Acting Defense Department Inspector General, Hearing on Misleading Information from the Battlefield, 110th Cong., at 99 (Apr. 24, 2007) (Serial No. 110-54).
19 Id.
20 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 54 (Mar. 26, 2007) (IPO2007E001).
21 U.S. Army Criminal Investigation Command, Report of Investigation into Death of Corporal Tillman and AMF Soldier Thani, at 2 (Mar. 19, 2007).
22 Executive Summary, Army Action — Department of Defense Inspector General (DoDIG) Report Related to the Death of Corporal (CPL) Patrick D. Tillman (undated).
23 Letter from Major General Galen B. Jackman, Chief of Legislative Liaison, U.S. Army, to Henry A. Waxman, Chairman, House Committee on Oversight and Government Reform (July 31, 2007); Letter from Major General Galen B. Jackman, Chief of Legislative Liaison, U.S. Army, to Tom Davis, Ranking Member, House Committee on Oversight and Government Reform (July 31, 2007).
24 Id.; see also Executive Summary, Army Action — Department of Defense Inspector General (DoDIG) Report Related to the Death of Corporal (CPL) Patrick D. Tillman (undated).
25 Id.
26 Defense Department Briefing with Secretary of the Army Pete Geren and Vice Chief of Staff of the Army General Richard Cody (July 31, 2007).
27 House Committee on Oversight and Government Reform, Testimony of General John Abizaid, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 217 (Aug. 1, 2007) (Serial No. 110-49).
28 House Committee on Oversight and Government Reform, Hearing on Misleading Information from the Battlefield, 110th Cong. (Apr. 24, 2007) (Serial No. 110-54).
29 House Committee on Oversight and Government Reform, Testimony of Kevin Tillman, Hearing on Misleading Information from the Battlefield, 110th Cong., at 17 (Apr. 24, 2007) (Serial No. 110-54).
30 Id.
31 House Committee on Oversight and Government Reform, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong. (Aug. 1, 2007) (Serial No. 110-49) (Serial No. 110-49).
32 Letter from Henry A. Waxman, Chairman, House Committee on Oversight and Government Reform, to Fred F. Fielding, Counsel to the President (April 27, 2007).
33 Letter from Fred F. Fielding, Counsel to the President, to Henry A. Waxman, Chairman, and Tom Davis, Ranking Minority Member, House Committee on Oversight and Government Reform (Aug. 10, 2007).
34 No contemporaneous transcript was produced from the interview with Mr. McCormack, but an unofficial transcript was created from an audio recording of the interview.
35 Ex-Player Tillman Likely in Danger Zone as an Army Ranger, Washington Times (Mar. 21, 2003).
36 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army (Mar. 26, 2007) (IPO2007E001).
37 Id.
38 House Committee on Oversight and Government Reform, Testimony of Kevin Tillman, Hearing on Misleading Information from the Battlefield, 110th Cong., at 18 (Apr. 24, 2007) (Serial No. 110-54).
39 Id. at 30.
40 Former NFL Player Killed in Afghanistan, Associated Press (Apr. 23, 2004); U.S. Military Says NFL Player Killed in Afghanistan Exemplified All Soldiers’ Patriotism, Associated Press (Apr. 24, 2004).
41 E-mail from David Compton, Office of the Army Chief Public Affairs, to numerous addressees (Apr. 25, 2004).
42 Id.
43 E-mail from Lieutenant Commander Jane Campbell, Office of the Assistant Secretary of Defense for Public Affairs, to Major Kristen Carle, Office of the Army Chief for Public Affairs (Apr. 23, 2004). (Reporting that Corporal Tillman’s death "was a topic of the discussion at the front office this morning and CJCS PA [Chairman of the Joint Chiefs of Staff Public Affairs] is also involved.").
44 E-mail from Lawrence Di Rita, Office of the Secretary of Defense, to Jeanie Mamo, Director of White House Media Affairs (Apr. 23, 2004).
45 Id.
46 E-mail from Lawrence Di Rita, Office of the Secretary of Defense, to Bryan Whitman, Office of the Secretary of Defense (Apr. 23, 2004).
47 Id.
48 Shari Lawrence, Army Human Resources Command, "EXSUM" Document (Apr. 23, 2004).
49 House Committee on Oversight and Government Reform, Testimony of U.S. Army Specialist Bryan O’Neal, Hearing on Misleading Information from the Battlefield, 110th Cong., at 94 (Apr. 24, 2007) (Serial No. 110-54); Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 13 (Mar. 26, 2007) (IPO2007E001).
50 House Committee on Oversight and Government Reform, Testimony of Thomas Gimble, Acting Defense Department Inspector General, Hearing on Misleading Information from the Battlefield, 110th Cong. (Apr. 24, 2007) (Serial No. 110-54).
51 Department of Defense Office of Inspector General, Interview of Lieutenant General Stanley McChrystal, at 3 (Nov. 26, 2006).
52 Department of Defense Office of Inspector General, Interview of General Bryan Brown, at 5 (Nov. 17, 2006).
53 House Committee on Oversight and Government Reform, Interview of Brigadier General Howard Yellen (Retired), at 39 (July 25, 2007).
54 "Personal For" message from Major General Stanley McChrystal to General John Abizaid, General Bryan Brown, Lieutenant General Philip Kensinger (Apr. 29, 2004).
55 Department of Defense Office of Inspector General, Interview of Lieutenant General Stanley McChrystal (Nov. 26, 2006).
56 "Personal For" message from Major General Stanley McChrystal to General John Abizaid, General Bryan Brown, Lieutenant General Philip Kensinger (Apr. 29, 2004).
57 House Committee on Oversight and Government Reform, Testimony of General John Abizaid, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 190 (Aug. 1, 2007) (Serial No. 110-49).
58 House Committee on Oversight and Government Reform, Testimony of General Richard Myers, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 190 (Aug. 1, 2007) (Serial No. 110-49).
59 "Personal For" message from Major General Stanley McChrystal to General John Abizaid, General Bryan Brown, Lieutenant General Philip Kensinger (Apr. 29, 2004).
60 E-mail from Carol Darby, Media and Community Relations Division Chief, U.S. Army Special Operations Command, to Lieutenant Colonel Hans Bush, Chief of Public Affairs, U.S. Army Special Operations Command (Apr. 28, 2004).
61 Id.
62 House Committee on Oversight and Government Reform, Interview of Admiral Eric T. Olson, at 60 (July 27, 2007).
63 Id. at 61.
64 Army Regulation 600-8-22 § 3-10(b) (2006).
65 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 53 (Mar. 2007) (IPO2007E001).
66 Silver Star Award Citation for Corporal Patrick D. Tillman, United States Army (undated).
67 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 55 (Mar. 2007) (IPO2007E001).
68 U.S. Army Special Operations Command, Army Awards Silver Star to Fallen Ranger (Apr. 30, 2004).
69 Id.
70 House Committee on Oversight and Government Reform, Interview of Brigadier General Howard Yellen, at 69 (July 25, 2007).
71 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger, Jr. (Retired), at 54 (Feb. 29, 2008).
72 Id.
73 House Committee on Oversight and Government Reform, Hearing on Misleading Information from the Battlefield, 110th Cong., at 110 (Apr. 24, 2007) (Serial No. 110-54).
74 House Committee on Oversight and Government Reform, Testimony of Senior Chief Petty Officer Stephen White, Hearing on Misleading Information from the Battlefield, 110th Cong., at 111 (Apr. 24, 2007) (Serial No. 110-54).
75 U.S. Army Special Operations Command, Press Statement: USASOC Announces Tillman Investigation Results (May 29, 2004) (online at news.soc.mil/advisories/Press-Media%20Releases/2004/040529-01.htm).
76 House Committee on Oversight and Government Reform, Interview of Scott McClellan (Sept. 10, 2007).
77 House Committee on Oversight and Government Reform, Interview of Daniel Bartlett (Sept. 12, 2007).
78 Id.
79 See, e.g., E-mail from Colonel George Rhynedance, Office of the Assistant Secretary of Defense for Public Affairs, to Bryan Whitman, Office of the Assistant Secretary of Defense for Public Affairs (May 29, 2004) ("No one will ever tell you, but nice job on this one. May have minimized … damage by pushing the panic button early.").
80 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 29 (Mar. 2007) (IPO2007E001).
81 U.S. Central Command, Report of Fratricide Investigation, at 11 (May 28, 2004).
82 Id.; House Committee on Oversight and Government Reform, Interview of General John F. Sattler, at 50 (July 24, 2007).
83 House Committee on Oversight and Government Reform, Interview of General John F. Sattler, at 46 (July 24, 2007).
84 Id.
85 Department of Defense Office of Inspector General, Interview of Colonel James Craig Nixon, at 121 (Oct. 28, 2006).
86 Id.
87 Department of Defense Office of Inspector General, Review of Matters Related to the Death of Corporal Patrick Tillman, U.S. Army, at 44 (Mar. 2007) (IPO2007E001).
88 House Committee on Oversight and Government Reform, Interview of Colonel Hans Bush (Sept. 19, 2007).
89 Id.; House Committee on Oversight and Government Reform, Interview of Admiral Eric T. Olson (July 27, 2007).
90 House Committee on Oversight and Government Reform, Interview of Lawrence Di Rita, at 69 (Sept. 24, 2007).
91 Id. at 63.
92 Id.
93 General Bryan Brown, Response to Questions from BG Jones (Dec. 9, 2004) ("[W]e initially told Mr. DiRita that OSD PA should make the announcement. They determined it should be a uniformed member of the chain of command. The logical choice was LTG Kensinger. I agreed.").
94 House Committee on Oversight and Government Reform, Interview of Lawrence Di Rita, at 67 (Sept. 24, 2007).
95 House Committee on Oversight and Government Reform, Interview of Admiral Eric T. Olson, at 40 (July 27, 2007).
96 House Committee on Oversight and Government Reform, Interview of Colonel Hans Bush, at 57 (Sept. 19, 2007).
97 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger, Jr. (Retired), at 63 (Feb. 29, 2008).
98 House Committee on Oversight and Government Reform, Interview of Colonel Hans Bush, at 57 (Sept. 19, 2007).
99 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger, Jr. (Retired), at 64 (Feb. 29, 2008).
100 E-mail from Bryan Whitman, Office of the Assistant Secretary of Defense for Public Affairs, to Colonel Joseph Curtin, Office of the Chief Public Affairs (May 28, 2004).
101 U.S. Army Special Operations Command, Press Statement: USASOC Announces Tillman Investigation Results (May 29, 2004) (online at news.soc.mil/advisories/Press-Media%20Releases/2004/040529-01.htm).
102 House Committee on Oversight and Government Reform, Interview of Colonel Hans Bush, at 57 (Sept. 19, 2007).
103 U.S. Central Command, Report of Fratricide Investigation (May 28, 2004).
104 E-mail from Colonel George Rhynedance, Office of the Assistant Secretary of Defense for Public Affairs, to Bryan Whitman, Office of the Assistant Secretary of Defense for Public Affairs (May 29, 2004).
105 E-mail from Colonel Joseph Curtin, Office of the Chief Public Affairs to multiple recipients (May 29, 2004).
106 E-mail from Lieutenant Colonel John Robinson to multiple recipients (May 29, 2004).
107 House Committee on Oversight and Government Reform, Interview of Daniel Bartlett (Sept. 12, 2007).
108 Id.
109 E-mail from Barry Jackson, Deputy to the President’s Senior Advisor, to Karl Rove, Senior Advisor to the President (Apr. 23, 2004).
110 E-mail from Matthew Scully, Deputy Director of Presidential Speechwriting, to Michael Gerson, Assistant to the President for Speechwriting (Apr. 23, 2004).
111 E-mail from Jennie M. Koch, Executive Assistant to the National Security Advisor, to Gregory Schulte, Executive Secretary, National Security Council (Apr. 23, 2004).
112 E-mail from Matthew Dowd, Chief Strategist, 2004 George W. Bush presidential campaign, to Daniel Bartlett, Assistant to the President for Communications (Apr. 23, 2004).
113 E-mail from Mark McKinnon, Chief Media Advisor, 2004 George W. Bush presidential campaign to Daniel Bartlett, Assistant to the President for Communications (Apr. 23, 2004).
114 E-mail from Peggy Noonan to Peter Wehner, White House Director of Strategic Initiatives (Apr. 23, 2004).
115 E-mail from Ron Fournier to Karl Rove, Senior Advisor to the President (Apr. 23, 2004).
116 Although various e-mails reviewed by the Committee referred to this as a "statement" or a "comment," Mr. Gross explained that he had technically written a "response to an inquiry," rather than a "presidential statement" because it was released only in reply to particular queries. House Committee on Oversight and Government Reform, Interview of Taylor Gross, at 61 (Sept. 5, 2007). Other White House officials also told the Committee that they saw a distinction between Mr. Gross’s "response to questions" and a more formal, proactive "presidential statement." White House officials were unhappy with news coverage of Mr. Gross’s April 23 comment, possibly because the press referred to it is as a "statement" from the White House. See E-mail from Scott McClellan, White House Press Secretary, to Suzy DeFrancis, Deputy Assistant to the President for Communications (Apr. 23, 2004).
117 E-mail from Taylor Gross, White House spokesman, to Daniel Bartlett, Assistant to the President for Communications (Apr. 23, 2004).
118 E-mail from Daniel Bartlett, Assistant to the President for Communications, to Scott McClellan, White House Press Secretary (Apr. 23, 2004).
119 E-mail from Daniel Bartlett, Assistant to the President for Communications, to Taylor Gross, White House spokesman (Apr. 23, 2004).
120 Id.
121 E-mail from Daniel Bartlett, Assistant to the President for Communications, to Matthew Dowd, Chief Strategist, 2004 George W. Bush presidential campaign (Apr. 23, 2004).
122 House Committee on Oversight and Government Reform, Interview of Daniel Bartlett (Sept. 12, 2007).
123 House Committee on Oversight and Government Reform, Interview of Taylor Gross, at 67 (Sept. 5, 2007).
124 Id. at 42.
125 Id. at 52.
126 House Committee on Oversight and Government Reform, Interview of Scott McClellan (Sept. 10, 2007).
127 Id.
128 House Committee on Oversight and Government Reform, Interview of Daniel Bartlett (Sept. 12, 2007).
129 Id.
130 Id.
131 Department of Defense, Instruction Number 1300.18 (2008).
132 Pub. L. 108-136.
133 U.S. House of Representatives, Conference Report to Accompany H.R. 1588 (Report 108-354), at 695 (Nov. 7, 2003). Representative Walter B. Jones, the original sponsor of act, explained that some military families "had little time to grieve" because they were forced to "fend off aggressive press inquiries" in the hours after a loved one’s death. A 24-hour delay on publicity, he said, "would not unreasonably impair the public’s access to information about military activities, but could provide an immeasurable amount of relief to those who have endured the loss." Statement of Representative Walter B. Jones, Congressional Record, E889 (May 7, 2003).
134 E-mail from Claire Buchan, Deputy White House Press Secretary, to Trent Duffy, Deputy White House Press Secretary, and Scott McClellan, White House Press Secretary (Apr. 23, 2004).
135 Id.
136 E-mail from Claire Buchan, Deputy White House Press Secretary, to Sean McCormack, NSC Press Secretary (Apr. 23, 2004). Mr. McCormack told the Committee he had no recollection of the events described in this e-mail.
137 E-mail from Scott McClellan, White House Press Secretary, to Suzy DeFrancis, Deputy Assistant to the President for Communications (Apr. 23, 2004).
138 E-mail from Noam Neusner, Special Assistant to the President for Economic Speech Writing, to Erin Healy, Assistant White House Press Secretary (Apr. 23, 2004).
139 House Committee on Oversight and Government Reform, Interview of Daniel Bartlett by Staff (Sept. 12, 2007).
140 E-mail from Lee Bockhorn, White House Research Assistant, to Michael Gerson, Assistant to the President for Speechwriting (Apr. 27, 2004).
141 President George W. Bush, Remarks at White House Correspondents’ Dinner (May 1, 2004).
142 E-mail from John Currin, White House Director of Fact-Checking, to Michael Gerson, Matthew Scully, and John McConnell, White House Speechwriters (Apr. 28, 2004).
143 E-mail from Matthew Scully, deputy director of Presidential Speechwriting, to John Currin, White House Director of Fact-Checking (Apr. 28, 2004).
144 House Committee on Oversight and Government Reform, Interview of Carol Darby, at 39 (Sept. 18, 2007).
145 E-mail from John Currin, White House Director of Fact-Checking, to Matthew Scully, deputy director of Presidential Speechwriting (Apr. 28, 2004).
146 E-mail from John Currin, White House Director of Fact-Checking, to Michael Gerson, Matthew Scully, and John McConnell, White House Speechwriters (Apr. 28, 2004).
147 E-mail from John Currin, White House Director of Fact-Checking, to Michael Gerson, Matthew Scully, and John McConnell, White House Speechwriters (Apr. 29, 2004).
148 "Personal For" message from Major General Stanley McChrystal to General John Abizaid, General Bryan Brown, Lieutenant General Philip Kensinger (Apr. 29, 2004).
149 Although the acting Defense Department Inspector General, Thomas Gimble, testified that his office "think[s] the P4 memo stopped with the three generals that were on it," the IG did not interview Secretary Rumsfeld, General Myers, or any White House officials during its investigation. House Committee on Oversight and Government Reform, Testimony of Thomas Gimble, Acting Defense Department Inspector General, Hearing on Misleading Information from the Battlefield, 110th Cong. (Apr. 24, 2007) (Serial No. 110-54).
150 10 U.S.C. 151(b).
151 House Committee on Oversight and Government Reform, Testimony of General Richard Myers, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 34 (Aug. 1, 2007) (Serial No. 110-49).
152 House Committee on Oversight and Government Reform, Interview of Daniel Bartlett (Sept. 12, 2007).
153 House Committee on Oversight and Government Reform, Interview of Scott McClellan (Sept. 10, 2007).
154 House Committee on Oversight and Government Reform, Interview of Michael Gerson (Sept. 11, 2007).
155 House Committee on Oversight and Government Reform, Interview of Taylor Gross, at 102 (Sept. 5, 2007).
156 White House, President Bush Discusses American Competitiveness Initiative During Press Conference (Aug. 9, 2007).
157 Memorandum from Donald Rumsfeld, Secretary of Defense, to Tom White, Secretary of the Army (June 25, 2002).
158 Letter from Donald Rumsfeld, Secretary of Defense, to William H. Layer (June 26, 2002).
159 Letter from Donald Rumsfeld, Secretary of Defense, to Mr. Pat Tillman (June 28, 2002).
160 House Committee on Oversight and Government Reform, Testimony of Donald Rumsfeld, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 203 (Aug. 1, 2007) (Serial No. 110-49).
161 House Committee on Oversight and Government Reform, Interview of Dr. Steven Bucci, at 26 (Sept. 20, 2007).
162 Id; House Committee on Oversight and Government Reform, Interview of General Bantz J. Craddock, at18 (July 27, 2007).
163 House Committee on Oversight and Government Reform, Interview of Lawrence Di Rita, at 41 (Sept. 24, 2007).
164 House Committee on Oversight and Government Reform, Testimony of Donald Rumsfeld, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 35 (Aug. 1, 2007) (Serial No. 110-49).
165 Id. at 177.
166 Id. at 178.
167 House Committee on Oversight and Government Reform, Testimony of General John Abizaid, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 32 (Aug. 1, 2007) (Serial No. 110-49).
168 Letter from Donald Rumsfeld to Henry A. Waxman, Chairman, and Tom Davis, Ranking Minority Member, House Committee on Oversight and Government Reform (July 26, 2007).
169 House Committee on Oversight and Government Reform, Interview of Dr. Steven Bucci, at 26 (Sept. 20, 2007).
170 Id. at 32.
171 Id.
172 Id. at 34.
173 House Committee on Oversight and Government Reform, Interview of General Bantz J. Craddock, at 19 (July 27, 2007).
174 Id. at 27.
175 Id. at 17.
176 House Committee on Oversight and Government Reform, Interview of General Bantz J. Craddock, at 28 (July 27, 2007).
177 House Committee on Oversight and Government Reform, Interview of Lieutenant General James Lovelace, at 20 (July 31, 2007).
178 10 U.S.C. 151(b); although the Chairman of the Joint Chiefs of Staff is not in the chain of command between combatant commanders and the Secretary of Defense, the Goldwater-Nickles Act allows the Chairman to act as a conduit for communications between the combatant commanders and the Secretary, 10 U.S.C. 163(a).
179 House Committee on Oversight and Government Reform, Interview of General Bantz J. Craddock, at 34 (July 27, 2007).
180 House Committee on Oversight and Government Reform, Testimony of Donald Rumsfeld, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 34 (Aug. 1, 2007) (Serial No. 110-49).
181 House Committee on Oversight and Government Reform, Testimony of General Richard Myers, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 32 (Aug. 1, 2007) (Serial No. 110-49).
182 Id.
183 House Committee on Oversight and Government Reform, Testimony of General John Abizaid, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 31 (Aug. 1, 2007) (Serial No. 110-49).
184 House Committee on Oversight and Government Reform, Interview of General John F. Sattler, at 41 (July 24, 2007).
185 House Committee on Oversight and Government Reform, Testimony of General Richard Myers, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 223 (Aug. 1, 2007) (Serial No. 110-49).
186 Id.
187 House Committee on Oversight and Government Reform, Testimony of General Richard Myers, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 33 (Aug. 1, 2007) (Serial No. 110-49).
188 House Committee on Oversight and Government Reform, Interview of Rear Admiral Frank Thorp, IV, at 26 (Sept. 19, 2007).
189 House Committee on Oversight and Government Reform, Testimony of General Richard Myers, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 197 (Aug. 1, 2007) (Serial No. 110-49).
190 Id. at 219.
191 Id.
192 Shari Lawrence, Army Human Resources Command, "EXSUM" Document (Apr. 23, 2004).
193 Id.
194 House Committee on Oversight and Government Reform, Interview of Paul Tagliabue (May 27, 2008).
195 General Abizaid blamed the delay in his receipt of the P4 on "a problem within my own headquarters." According to CENTCOM’s Director of Operations at the time, Lieutenant General John Sattler, "we had problems with our P4 system" while deployed outside of the continental United States that might have caused such a delay. House Committee on Oversight and Government Reform, Interview of General John F. Sattler, at 33 (July 24, 2007).
196 House Committee on Oversight and Government Reform, Testimony of General John Abizaid, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 31 (Aug. 1, 2007) (Serial No. 110-49).
197 Id.
198 Id. at 233.
199 Department of Defense, Gen. Abizaid Central Command Operations Update Briefing (Apr. 30, 2004) (online at
www.defenselink.mil/transcripts/transcr ... iptid=2557).
200 House Committee on Oversight and Government Reform, Testimony of General John Abizaid, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 31 (Aug. 1, 2007) (Serial No. 110-49). Then-Captain Uthlaut told the DOD IG that he was unaware of the friendly fire for approximately 10 days while recuperating after the firefight. Department of Defense Office of Inspector General, Interview of Captain David Uthlaut, at 5 (July 29, 2006).
201 Letter from General John Abizaid (Retired) to Chairman Henry Waxman and Ranking Member Tom Davis, House Committee on Oversight and Government Reform (Jan. 15, 2008).
202 House Committee on Oversight and Government Reform, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 32 (Aug. 1, 2007) (Serial No. 110-49).
203 Department of Defense Office of Inspector General, Interview of General John Abizaid, at 9 (Dec. 13, 2006).
204 House Committee on Oversight and Government Reform, Testimony of General Bryan Brown, Hearing on the Tillman Fratricide: What the Leadership of the Defense Department Knew, 110th Cong., at 218 (Aug. 1, 2007) (Serial No. 110-49).
205 Department of Defense Office of Inspector General, Interview of General Bryan Brown, at 16 (Nov. 17, 2006).
206 Id.
207 Id. at 39.
208 General Kensinger had been invited to attend the August 1, 2007, Committee hearing, but refused, citing a "previously scheduled business matter." E-mail from Charles Gittins, Attorney for General Kensinger, to Majority Staff, House Oversight and Government Reform Committee (July 22, 2007). A subpoena was issued to compel his appearance, but U.S. Marshals could not locate General Kensinger prior to the hearing. Subpoena from Henry A. Waxman, Chairman, House Oversight and Government Reform Committee, to Lieutenant General Philip Kensinger (July 31, 2007).
209 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger, Jr. (Retired), at 24 (Feb. 29, 2008).
210 Id. at 30.
211 Department of Defense Office of Inspector General, Interview of Brigadier General Howard Yellen, at 8 (Dec. 1, 2006).
212 House Committee on Oversight and Government Reform, Interview of Brigadier General Howard Yellen (Retired), at 40 (July 25, 2007).
213 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger, Jr. (Retired), at 25 (Feb. 29, 2008).
214 House Committee on Oversight and Government Reform, Interview of Brigadier General Howard Yellen (Retired), at 39 (July 25, 2007).
215 Id. at 62.
216 Department of Defense Office of Inspector General, Interview of Brigadier General Howard Yellen, at 74 (Dec. 1, 2006).
217 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger (Retired), at 59 (Feb. 29, 2008).
218 Department of Defense Office of Inspector General, Interview of Lieutenant Colonel David Duffy, at 7 (Nov. 30, 2006).
219 Id. at 8.
220 Id. at 16.
221 House Committee on Oversight and Government Reform, Interview of Lieutenant General Philip Kensinger (Retired), at 28 (Feb. 29, 2008).
222 Id.
223 House Committee on Oversight and Government Reform, Interview of Brigadier General Howard Yellen, at 47 (July 25, 2007).
224 Department of Defense Office of Inspector General, Interview of Colonel Clarence Chinn, at 26 (Nov. 7, 2006).
225 Brigadier General Mike Jones, Interview of Lieutenant General Philip Kensinger, Jr. (Nov. 29, 2004); Department of Defense Office of Inspector General, Interview of Lieutenant General Philip Kensinger, Jr., at 6 (Dec. 8, 2006).
226 Brigadier General Mike Jones, Interview of Lieutenant General Philip Kensinger, Jr., at 3 (Nov. 29, 2004).
227 Army Regulation 600-34 § 3-7 (2003) ("[W]ithin a reasonable period of time after family members are notified of the death of a soldier, but not more than 30 days after the date of notification, the CAO [casualty assistance officer] … will ensure that the PNOK [primary next of kin] and other family members … [a]re informed of the investigations, the names of the agencies conducting the investigations, and the existence of any reports by such agencies that have or will be issued as a result of the investigations"); Army Regulation 600-8-1 § 4-13(b) (1994) (providing a script for notifying family members in cases of friendly fire, including, "His/her death is the result of suspected friendly fire. An investigation is being conducted.").
228 U.S. Army, Attack on the 507th Maintenance Company, 23 March 2003, An Nasiriyah, Iraq (undated) (online at
www.army.mil/features/507thMaintCmpy/At ... ntCmpy.pdf).
229 House Committee on Oversight and Government Reform, Testimony of Jessica Lynch, Hearing on Misleading Information from the Battlefield, 110th Cong., at 22 (Apr. 24, 2007) (Serial No. 110-54).
230 U.S. Central Command Operational Update Briefing with Major General Victor Renuart, CENTCOM Director of Operations (Apr. 5, 2003).
231 Id.
232 American Troops Rescue Iraq POW Lynch, Associated Press (Apr. 1, 2003).
233 Id.
234 U.S. Central Command Operational Update Briefing with Brigadier General Vincent Brooks, CENTCOM Deputy Director of Operations (Apr. 2, 2003).
235 Missing Soldier Rescued; U.S. Forces Remove POW From Hospital, Washington Post (Apr. 2, 2003).
236 Id.
237 ‘She Was Fighting to the Death’; Details Emerging of W. Va. Soldier’s Capture and Rescue, Washington Post (Apr. 3, 2003).
238 Id.
239 Id.
240 Id.
241 Remains Found at Iraqi Hospital to be Flown to U.S., Military Times (Apr. 3, 2003).
242 Id.
243 A Broken Body, a Broken Story, Pieced Together; Investigation Reveals Lynch — Still in Hospital After 67 Days — Suffered Bone-crushing Injuries in Crash During Ambush, Washington Post (June 17, 2003).
244 White House is Revising its War Message; Setbacks Providing Lessons, Washington Post (Apr. 3, 2003).
245 Id.
246 Pfc. Jessica Lynch Isn’t Rambo Anymore, New York Times (Nov. 9, 2003).
247 A Broken Body, a Broken Story, Pieced Together; Investigation Reveals Lynch — Still in Hospital After 67 Days — Suffered Bone-crushing Injuries in Crash During Ambush, Washington Post (June 17, 2003). The military conducted at least two investigations into Private Lynch’s capture and rescue, one by the Army and one by the Defense Department Inspector General, but neither specifically addressed the dissemination of false information. Defense Department Office of Inspector General, Executive Summary: Alleged Premeditated Fabrication and Inappropriate Conduct of U.S. Military Personnel Involved in the Rescue of Private First Class Jessica Lynch, U.S. Army (undated); U.S. Army, Attack on the 507th Maintenance Company, 23 March 2003, An Nasiriyah, Iraq (undated) (online at
www.army.mil/features/507thMaintCmpy/At ... ntCmpy.pdf).
248 Steve Ritea, Jessica Lynch’s Story: A Little Too Perfect? American Journalism Review (Aug./Sept. 2003).
249 Id.
250 Family Learns Iraqis Executed Soldier Captured at Same Time as Lynch, Washington Post (May 29, 2004).
251 E-mail from Rear Admiral Frank Thorp, Deputy Assistant Secretary of Defense for Joint Communication, to Majority Staff, House Oversight and Government Reform Committee (Apr. 19, 2007) (ellipses in original).
252 House Committee on Oversight and Government Reform, Interview of Rear Admiral Frank Thorp, IV, at 69 (Sept. 19, 2007).
253 Id. at 73.
254 Id.
255 Id. at 71.
256 Id. at 75.
257 Id. at 76.
258 Id. at 73.
259 House Committee on Oversight and Government Reform, Interview of James R. Wilkinson, at 58 (Mar. 14, 2008).
260 An Army Death, and a Family Left in the Dark, Washington Post (Jan. 17, 2006).
261 Id.
262 Id.; House Committee on Oversight and Government Reform, Majority Staff, Telephone Interview of Peggy Buryj (June 2, 2008).
263 NOW, PBS (Nov. 17, 2006) (online at
www.pbs.org/now/transcript/246.html).
264 An Army Death, and a Family Left in the Dark, Washington Post (Jan. 17, 2006).
265 Father Wants Soldier’s Death Reinvestigated, Associated Press (June 4, 2008).
266 House Committee on Oversight and Government Reform, Testimony of Kevin Tillman, Hearing on Misleading Information from the Battlefield, 110th Cong., at 21 (Apr. 24, 2007) (Serial No. 110-54).