"The Emperor's General" (June 22, 2010; Updated 1/29/10)

THE EMPERORS GENERALPresident Barack Obama and the Whitewash of General Stanley McChrystals Role in the Cover-Up of Pat Tillmans Friendly-Fire Death Guy Montag @ feralfirefighter.blogspot.com June 22, 2010 [Last Updated 1-29-11]

Patrick Tillman, Sr. at Pat Tillmans Memorial Service, May 2004

President Obama salutes ROTC graduates at Arizona State University, May 2009

President Obama meets with Gen. McChrystal at the White House, May 2009.

nothing is ever going to heal the wounds inflicted on the Tillman Family while I have nothing but respect for the Tillman Family their personal grief should not be a veto on the nomination of the man [General McChrystal] the president, the Secretary of Defense, and General Petraeus all feel gives the United States the best chance of victory in Afghanistan These are serious questions and are more important than either the death of Pat Tillman or the alleged abuse of detainees. -- CNAS Fellow Andrew Exum, Confirm Him (Abu Muqawama, June 2 nd 2009) I found myself awash with a sense of injustice that I could not define. Or perhaps it was merely that I was young. I had never seen with such clarity that courage could destroy one man while flight could make another man king. -- Senator James Webb, The Emperors General (1999)

THE EMPERORS GENERAL

FOREWORDOn May 11, 2009, at the urging of Joint Chief of Staff Admiral Mike Mullen and Secretary of Defense Robert Gates, President Obama fired Gen. McKiernan from his command of the Afghan War. To replace him, President Obama nominated General Stanley McChrystal who had commanded Joint Special Operations Command (JSOC) from 2003 to 2008. President Obama had never met McChrystal. However, I find it difficult to believe that no one warned him that McChrystal had been involved with the Armys coverup of Pat Tillmans friendly-fire death in Afghanistan in 2004. Ironically, a couple of days later, on May 13th, I noticed that President Obama gave the commencement address for Arizona State University inside Sun Devil Stadium without once mentioning Pat Tillmans name. I assumed that President Obama didnt want to risk raising the issue of McChrystals role by mentioning Pat Tillman at the very stadium in which he had once played (Bob Young, a sportswriter for The Arizona Republic, was the only journalist who mentioned this connection). In September 2009, I wrote a one-page piece on Obamas Big Time Fumble for my binder Lies Borne Out by Facts, If Not the Truth. But, I had always wanted to further describe President Obamas role. In early June 2010, I began by reviewing newspaper and magazine articles. I discovered on the day following McChrystals nomination, on May 12th, military leaders had urged President Obama to back-pedal on his April 23rd decision to allow the court-ordered release of photos showing detainee abuse at facilities other than Abu Gharaib. Presumably, some of the photos showed abuse by JSOC forces under McChrystals command at Camp Nama. The photo release would have led to difficulties with his Senate confirmation (Esquire magazine also mentioned this connection). Anticipating they would lose their court appeal, the White House worked with the Senate to draft a bill to block the release of the detainee photos by changing the language of the Freedom of Information Act. On May 20th, the Detainee Photographic Records Protection Act was introduced and passed by the Senate the next day by unanimous consent (this bill was finally signed into law by President Obama on October 28, 2009). Although Glenn Greenwald railed against President Obamas actions, he failed to make the connection between McChrystals nomination, Obamas abrupt back-pedaling on the release of the photos, the introduction of the McChrystal Protection Act, and McChrystals pending Senate confirmation hearing. After a strictly pro forma June 2, 2009 Senate Armed Services confirmation hearing [see Did They Teach You How to Lie Yet? and The [Untold] Tillman Story], McChrystal was confirmed by the Senate by unanimous consent on June 10. 2009 (despite Senator Feingolds supposed opposition to McChrystals nomination). Note: Ive updated EG by describing the Detainee Photographic Records Protection Act, Senator Feingolds opposition to McChrystal, and added Bill Gertzs piece describing the Senate holds.

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TABLE OF CONTENTSPage #: Executive Summary: The Emperors General Who the Hell is Stanley McChrystal? May 11, 2009: President Obama Nominates Gen. McChrystal As Afghan War Commander May 12, 2009: President Obama Back-Pedals on Release of Torture Photos May 13, 2009: Presidents Obamas Big-Time Fumble at Sun Devil Stadium May 21, 2009: Senate Passes Detainee Photographic Records Protection Act June 2, 2009: Gen. McChrystals June 2009 Pro-Forma Senate Confirmation Hearing June 10, 2009: Senate Confirms Gen. McChrystals Promotion by Unanimous Consent Oct. 28, 2009: President Obama Signs Detainee Photographic Records Protection Act 4

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APPENDICESA: Who the Hell is Stanley McChrystal?Man in the News: General Steps From Shadow McChrystal Choice Suggests Special-Ops Strikes to Continue Acts of Conscience Commander's Intent: Lt. General Stanley McChrystal McChrystal's Rise: More Secrets, Less Daylight Col. Wilkerson: "Cheney Kept Some Things From the President" The Secret US War in Pakistan Blackwater: Private Army In The News Again (New York Times, May 13 th 2009) (IPS News, May 13th 2009) (Esquire, August 2006) (The Atlantic, May 12th 2009) (The Nation, May 13 th 2009) (Huffington Post, May 22 nd 2009) (The Nation, November 23 rd 2009) (NPR, December 16th 2009)

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B: May 11th 2009, President Obamas Nominates Gen. McChrystal As Afghan Commander:Pentagon Ousts Top Commander In Afghan War Obama Takes Over Where Bush Left Off (New York Times, May 12 th 2009) (Mike Whitney, May 17th 2009)

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C: May 12th 2009, President Obamas Back-Pedals on Release of Torture Photos:Obama Administration to Release Detainee Abuse Photos In Reversal, Obama Seeks to Block Abuse Photos Obama Adopts Bush Administration Tactic, Blocks Photos Who the Hell Is Stanley McChrystal? (ABC News, April 24th 2009) (AP, May 13th 2009) (Gosztola Blog, May 14th 2009) (Esquire, May 20th 2009)

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D: May 13th 2009, Presidents Obamas Big-Time Fumble at Sun Devil Stadium:Obama Challenges ASU Grads in Wed. Commencement Speech (The Arizona Republic, May. 14th 2009) Barack Obama Promotes Service at Arizona State University (Politico, May 13th 2009) Text: Obamas Commencement Address at Arizona State University (New York Times, May 13th 2009) Obama's Big-Time Fumble (Arizona Republic, May 17 th 2009)

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E: May 21st 2009, Senate Passes Detainee Photographic Records Protection ActObama's latest effort to conceal evidence of Bush era crimes (Glenn Greenwald salon.com, May 13 th 2009) Obama's support for the new Graham-Lieberman secrecy law (Glenn Greenwald salon.com, June 1st 2009)

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F: June 2nd 2009, Gen. McChrystals Senate Confirmation Hearing:Senate Armed Services Committees June 2nd 2009 Confirmation Hearing (from Did They Teach You How to Lie Yet? -- Senator James Webb, General Stanley McChrystal, and the Betrayal of Pat Tillman)

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G: June 10th 2009, Senate Confirmation of Gen. McChrystal by Unanimous Consent:More Leeway for New U.S. Commander in Afghanistan (New York Times, 6-11-09 NYT) New U.S. Commander in Afghanistan Approved by Senate (Reuters, June 10, 2009) Senate Action on SASC-Reported Military Nominations (Cong. Documents and Publications, 6-06-08) Inside the Ring Bill Gertz (Washington Times, 6-05-08) The General Who Lied About Pat Tillman Gets Promoted to the Highest Rank and Made Head of Afghanistan (johntreed.com, June 2008) RE: Nomination of Stanley McChrystal (Sen. Feingold, 6-11-09 Cong. Record S6537 S6538)

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H: Oct. 28, 2009, President Obama Signs Detainee Photographic Records Protection ActCongressional Record: October 13, 2009 Congressional Record: October 20, 2009 (Page H11195-H1125) (Page S10544-S10559)

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Executive Summary:Who the Hell is Stanley McChrystal?Because he had become a close friend of Secretary of Defense Donald Rumsfeld, General Stanley McChrystal spent an unusual five years from 2003 to 2008 as commander of Joint Special Operations Command (JSOC). During the Bush era, JSOC turned into a virtual standalone operation that acted outside the military chain of command doing things the executive branch -- read: Cheney and Rumsfeld -- wanted it to do. From his new command in Afghanistan, General McChrystal reports directly to his longtime colleague and friend General David Petraeus. As commander of JSOC Gen. McChrystal commanded special forces that targeted and killed insurgents. Andrew Exum wrote, Many policy-makers and journalists think that McChrystal's work [at JSOC] was the untold success story of the Surge and the greater war on terror campaigns." However, a 2006 report, "No Blood, No Foul," revealed that McChrystals elite forces conducting interrogations at Camp Nama committed systematic abuse of prisoners leading to at least three deaths (an Army interrogator said he was getting his orders from McChrystal whom he saw there a couple of times.) McChrystals 2008 nomination to become Director of the Joint Staff was held up while the Senate Armed Services Committee investigated abuse of detainees by military personnel under McChrystals command. However, McChrystal was never held accountable for abuse of detainees. One blot on McChrystals otherwise impressive military record occurred in 2007, when a Pentagon investigation into the friendly-fire death in 2004 of Pat Tillman by fellow Army Rangers in Afghanistan held General McChrystal accountable for inaccurate information recommending Tillman for a Silver Star. The Tillman family believes he played a central role in the Armys cover-up of Tillmans friendly-fire death. Jeremy Schahill said, I've also heard from people that Cheney helped coordinate the testimony of General McChrystal about the death of Pat Tillman in Afghanistan and that Cheney actually colluded with General McChrystal to attempt to cover up that death. Note: McChrystals Wikipedia entry is also a good source of biographical material.

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May 11th 2009: President Obama Nominates Gen. McChrystal As Commander of the Afghanistan War:On Monday May 11th 2009, President Obama fired Gen. McKiernan and nominated Gen. McChrystal to replace him as the new Afghanistan war commander. Yet, as Mike Whitney pointed out, President Obama hand-picked McChrystal despite apparently knowing of McChrystal's involvement in the prisoner abuse scandal at Baghdad's Camp Nama, just as he knows of his role in the cover-up in the friendly-fire death of ex-NFL star and Army Ranger Pat Tillman. Whitney continued with, None of this matters to Obama. What matters is winning; not principle, ideals, human rights or civilian casualties. Just winning. The end justifies the means. He has strengthened the Bush policy, not repudiated it. So much for change.

May 12th 2009: President Obama Back-Pedals on Release of Torture Photos:On April 23rd 2009, the Obama administration announced that the Pentagon would turn over to the ACLU photographs showing detainee abuse of prisoners in Afghanistan and Iraq. However, just a few weeks later, on May 12th 2009, President Obama decided to block the courtordered release of photos. President Obama said the abrupt reversal of his April 23 rd decision, came out of concern that the pictures would endanger U.S. forces in Iraq and Afghanistan. Obama said the photos had already served their purpose in investigations of a small number of individuals and the individuals who were involved have been identified, and appropriate actions have been taken. President Obamas effort to keep the photos from becoming public represented a sharp reversal from his repeated pledges for open government, and in particular from his promise to be forthcoming with information that courts have ruled should be publicly available. In light of Gen. McChrystals ties to torture, it is worth noting the dates of McChrystal's nomination and President Obama's decision not to release more photos of prisoner abuse in Iraq: May 11th and 12th, respectively. Perhaps Gen. Petraeuss deep concern about fresh damage the photos might do actually also referred to the nomination of his friend Gen. McChrystal?

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May 13th 2009: Obamas Big-Time Fumble at Sun Devil Stadium:On Wednesday, May 13th 2009, President Obama delivered his commencement speech to Arizona State University's graduating class inside Sun Devil Stadium. But, in his speech that focused heavily on serving a larger good and placing character over celebrity and substance over appearance, Obama did not mention Pat Tillman. As Bob Young wrote in his May 17th column, Obamas Big-time Fumble: Maybe it simply was an oversight that Obama forgot Tillman, although we were told Sunday that Obama was staged inside the Arizona State football locker room before his speech - where there is a photo of Tillman. And he walked right up and out of Tillman Tunnel to reach the stage. Perhaps Obama was sensitive to the fact that the speech came shortly after the announcement that Gen. Stanley A. McChrystal would become the top American commander in Afghanistan. McChrystal was deemed by a Pentagon investigation to be responsible for inaccurate information from the Army about Tillman's death, and the Tillman family has been critical of what it believes was his role in a cover-up of the real events that took place. knowing what a big sports fanatic Obama is we were shocked that he passed up a wide-open opportunity. He encouraged ASU's graduates not to chase "the usual brass rings" He told them such an approach elevates "appearance over substance, celebrity over character, and said it's just the sort of thinking today's young people must end. With apologies to all whom Obama cited, from Thomas Paine to Colonel "Finger Lickin' Good" Sanders to Cardinals quarterback Kurt Warner, is there any better example of character over celebrity and substance over appearance than Pat Tillman, the guy who made his name in the very stadium where Obama stood? Tillman literally stopped chasing the brass ring and gave up millions and an NFL career to join the Army's elite Rangers and fight in Afghanistan. He died there, the victim of friendly fire. Obama had a wide-open opportunity to remind us that Tillman could be the best example in our lifetimes of someone who eschewed popularity and personal advancement to devote himself to a bigger purpose. For some reason, the president passed. Perhaps President Obama didnt dare mention Tillman during his commencement speech because doing so would risk opening the door to questions about McChrystals central role in the cover-up of Pat Tillmans friendly-fire death.

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May 21, 2009: Senate Passes Detainee Photo. Records Protection ActObviously anticipating that the Government was likely to lose its court appeal, President Obama asked Congress to change FOIA by retroactively narrowing its disclosure requirements and preventing a legal ruling by the courts. Senator Graham said the White House helped them draft the bill. On May 20th, U.S. Senators Lindsey Graham, Joe Lieberman and Senator John McCain introduced the Detainee Photographic Records Protection Act to block the release of the detainee photos by changing the language of the Freedom of Information Act. On May 21st, the Detainee Photographic Records Protection Act was offered as an amendment to the Supplemental Appropriations bill and the U.S. Senate unanimously passed it. Its worth noting the dates of McChrystal's nomination and President Obama's decision not to release photos of prisoner abuse in Iraq; May 11th and 12th, respectively. Presumably, some of the photos showed abuse by JSOC forces under under McChrystals command? The photo release could have led to media controversy and led to difficulties with McChrystals Senate confirmation.

June 2nd 2009: Gen. McChrystals Senate Confirmation Hearing:Shortly before the 2006 mid-term elections, Kevin Tillman published his eloquent letter, After Pats Birthday. Kevin had hoped the Democratic Congress would bring accountability to our country. But, just as with warrantless wiretapping and torture, those responsible for the cover-up of his brothers friendly-fire death have never been held accountable for their actions. Instead, the Democratic Congress and the Obama Presidency protected General McChrystal from scrutiny and punishment for his central role in orchestrating the cover-up of Pat Tillmans friendly-fire death. Shortly before the August 1st 2007 Tillman hearing, Congressman Henry Waxman let Gen. McChrystal decline to appear before the Oversight Committee (although he was on the witness list) and he was never later interviewed despite his central role in the cover-up. The Committees investigation was perfunctory. They blamed their failure to uncover those responsible on stone-walling by the Bush Administration. During Spring 2008, Senator James Webb conducted a secret review of McChrystals role. On May 15th 2008, the Senate Armed Services Committee (headed by Levin and McCain) held a7


secret executive session where McChrystal testified behind closed doors about his actions in detail. Shortly afterwards, the Senate promoted him to Director of the Joint Staff. . . . On May 11th 2009, despite McChrystals role, President Obama nominated McChrystal to be his new commander of the Afghan War and for promotion to the Armys highest rank. On May 26th 2009, New York Times Pentagon Reporter Thom Shankers wrote, Nomination of U.S. Afghan Commander Revives Questions on Tillman Case, that exonerated General McChrystal of all wrong-doing in the Tillman case. However, Shanker either missed or ignored clear evidence that McChrystal was actually at the center of the Armys cover-up. On June 2nd 2009, The Senate Armed Services Committee held General McChrystals confirmation hearing for his promotion to four-star general and Afghan war commander. The Senators didn't press McChrystal aggressively during the nearly three-hour hearing. Mary Tillman said, "I think more effort should have been made on the part of the committee to find out more about his true nature, his true character and his true actions in terms of the detainee abuse and Pat's situation. She criticized Sen. John McCain for "playing dumb" by not following up on McChrystal's explanations. As David Corn commented on PBSs News Hour: And so the Pat Tillman questioning, the questioning about detainee abuse, I thought, seemed very orchestrated and didn't give a full airing to these very, I think, hot-button issues. You know, he came up with what sounded to be a plausible explanation, but, again, a lot of what happened today made it clear to me that Democrats and Republicans had both decided, "He's our guy in Afghanistan General McChrystal denied the phony narrative of a raging firefight was anything more sinister than "mistakes" made to honor Tillman. "I didn't see any activity by anyone to deceive," he said. "We failed the family. And I was a part of that." He earlier expressed his "deepest condolences" to Tillman's family and fellow rangers. Mary Tillman says she neither accepts nor believes McChrystal's apology. "McChrystal was lying," she said of his comments Tuesday. ... Note: you can find my detailed commentary and rebuttal of McChrystals testimony in Appendix E, at Did They Teach You How to Lie Yet? -- Senator James Webb, General Stanley McChrystal, and the Betrayal of Pat Tillman , Lies Borne Out by Facts, If Not the Truth Thom Shanker, the NYT, and Their Whitewash of Gen. McChrystals Role in the Aftermath of Pat Tillmans Friendly-Fire Death, and The [Untold] Tillman Story

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June 10th 2009: Senate Confirms General McChrystals Promotion:Stanley McChrystal won Senate confirmation on Wednesday June 10th 2009 and was promoted to the Armys highest rank and became the new Afghan war commander. General McChrystals confirmation came only after the Senate Majority Leader Harry Reid went to the floor to make an impassioned plea for Republicans to allow the action to proceed. Reid said he had received a telephone call from Admiral Mike Mullen, chairman of the Joint Chiefs of Staff, who told him, "Senator, there is a sense of urgency that General McChrystal be able to go to Afghanistan tonight. There is no commander in Afghanistan. ... McChrystal is literally waiting by an airplane." Reid added, "Let's get the man approved tonight so he can go." Shortly afterward, the Senate approved President Barack Obama's nomination of McChrystal on a voice vote by unanimous consent. After Gen. McChrystals promotion was approved by the Senate, in his post The General Who Lied About Pat Tillman Gets Promoted to the Highest Rank and Made Head of Afghanistan, John T. Reed wrote: Commander in Chief Barack Obama. This piece of change we can believe in is to see the Bush Administrations cover-up and raise them one. Hell, George! You merely refused to punish McChrystal. Wuss! Namby pamby! Were promoting the son of a bitch to four stars and head of Afghanistanwhere Tillman was killed no less! That was always your problem, George. You never had the guts to spit in the faces of the gold star mothers. The following day, Senator Russ Feingold inserted into the Congressional Record that he oppose[d] the nomination of LTG Stanley McChrystal because of a classified matter (conveyed in a letter to President Obama) and because McChrystals testimony concerning interrogation appears incomplete, at best. Yet, the previous day McChrystals nomination was approved by the Senates unanimous consent. Where was Feingolds opposition when it would have mattered? Or, his hold? ...

Six years ago, Pat Tillmans family were handed a tarnished Silver Star. It was a travesty of justice that General McChrystal was promoted to the Armys highest rank, and handed his fourth star. Its not surprising that after the initial fratricide cover-up fell apart, Army officers and the Bush administration lied to protect their careers. But the Democratic Congress, after they took control of both Houses in 2006, could have gone after those responsible. Or at least not promoted them!9


During the April 24th 2007 Congressional Tillman hearing, Mary Tillman said, Congress is supposed to take care of their citizens. Pat died for this country, and he believed it was a great country that had a system that worked. It is not perfect. No one has ever said that. But there is a system in place to allow for it to work, and your job is to find out what happened to Pat. During McChrystals June 2009 Senate confirmation hearing, Senator James Webb read from a 2005 letter from Pat Tillman, Sr. (Pats father): No investigator worth a damn would have made the presentation I sat through unless they had an agenda different from the truth. No one has been confronted with their conduct. The issue of importance is the integrity of the military from the lieutenant colonel on the ground all the way up and past General Jones [3rd investigator]. General McChrystal acknowledged during his testimony that he and the Army had failed the family. Senator James Webbs wrote in his 1983 novel, A Country Such As This, And no, the military isnt just fine. The point is, it isnt corrupt. Its a system with human failures. But when human failures systematically extend up every single link in the chain-of-command (to include the Chair of the Joint Chiefs, Army Chief of Staff, and the Secretary of Defense) up to and including the White House, how is this not a corrupt country? Every single institution in this country has failed the Tillman family, including the Army leadership, Congress, White House and the Media. Perhaps Senator Rowland, in Senator James Webb's novel, Something to Die For, hit the nail on the head: How lofty it must have been to have burnt with the purity of the Revolution! Before the days of multi-million dollar election campaigns that brought politicians to their knees before the monied temple of the contributors. Before the time of computerized politics that cause them to await the wisdom of those oracles known as pollsters before they spoke. Or maybe it had been trash from the get-go, myths to feed the public.

October 28th 2009: President Obama Signs Detainee Photographic Records Protection ActOn May 21st, the Detainee Photographic Records Protection Act was offered as an amendment to the Supplemental Appropriations bill and the U.S. Senate unanimously passed it. However, it was stripped out of the supplemental bill in June 2009. Later that year, it was later added as an amendment to a Homeland Security Approprations Bill HR 2892. Senator McCain praised the passage of the bill, and President Obama finally signed the bill into law on October 28, 2009.

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Who the Hell is Stanley McChrystal?The New York Timess Elizabeth Busmiller wrote in her hagiography,General Steps from Shadow, McChrystal usually eats just one meal a day, in the evening, to avoid sluggishness. ''If you asked me the first thing that comes to mind about General McChrystal I think of no body fat.'' He is known for operating on a few hours' sleep and for running to and from work while listening to audio books on an iPod. Fellow officers describe him as a warrior-scholar, comfortable with diplomats, politicians and the military men who would help promote him to his new job. ''He's lanky, smart, tough, a sneaky stealth soldier. He's got all the Special Ops attributes, plus an intellect.'' General McChrystal graduated from West Point in 1976 and spent the next three decades ascending through conventional and Special Operations command positions as well as taking postings at Harvard and the Council on Foreign Relations. He was a commander of a Green Beret team in 1979 and 1980, and he did several tours in the Army Rangers as a staff officer and a battalion commander, including service in the Gulf War of 1991. McChrystal served in Afghanistan as chief of staff of military operations in 2001 and 2002. ... As commander of the Joint Special Operations Command (JSOC) from April 2003 to August 2008, McChrystal commanded special forces that pursued high-value targets in Iraq, Afghanistan, and Pakistan. A secret program was led by Gen. McChrystal that targeted and killed insurgents with such effectiveness that it gave "orgasms" to Derek Harvey, a top aide to Gen. David Petraeus. These missions were consistent with the proposals of Petraeus's top counterinsurgency adviser at the time, David Kilcullen, to revive the Phoenix Program used in Vietnam. Andrew Exum, [who wrote a WP book review that exonerated McChrystals without mentioning his conflicts of interest ] a fellow at the Center for a New American Security (CNAS), wrote," I do know that many policy-makers and journalists think that McChrystal's work as the head of the super-secret Joint Special Operations Command was the untold success story of the Surge and the greater war on terror campaigns." ... From his new command in Afghanistan, General McChrystal reports directly to a longtime colleague, General Petraeus [CENTCOM commander who led the Iraq Surge]. During their years in the Army, Gen. McChrystal and Gen. David Petreaus developed a close friendship. In later years, their paths have crossed many times, with General McChrystal twice succeeding General Petraeus in senior command or staff positions. Petraeus came to view McChrystal as

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a kindred spirit who shared Petraeus's "commander's intent implement the strategy as the commander in chief intended.

-- the ability to decipher and

McChrystal spent an unusual five years as commander of JSOC, because he had become a close friend of then Secretary of Defense Donald Rumsfeld. During the Bush era, JSOC turned into a virtual stand-alone operation that acted outside the military chain of command and in direct coordination with the White House. Former Secretary of State Colin Powell staffer Col. Lawrence Wilkerson described an extremely cozy relationship that developed between the executive branch (primarily through Vice President Dick Cheney and Defense Secretary Donald Rumsfeld) and JSOC [i.e. Gen. McChrystal]. I think Cheney was actually giving McChrystal instructions At that point you had JSOC operating as an extension of the [administration] doing things the executive branch--read: Cheney and Rumsfeld--wanted it to do. This would be more or less carte blanche. You need to do it, do it. ... One blot on McChrystals otherwise impressive military record occurred in 2007, when a Pentagon investigation into the 2004 friendly-fire death of Pat Tillman in Afghanistan held General McChrystal accountable for inaccurate information in his Silver Star recommendation. Note: see documents posted at http://www.feralfirefighter.blogspot.com for more details of McChrystals central role in the cover-up of Tillmans friendly-fire death and the fabrications of his Silver Star citation. Jeremy Schahill said I've also heard from people that Cheney helped coordinate the testimony of General McChrystal about the death of Pat Tillman in Afghanistan, which was determined to be a friendly-fire incident, and that Cheney actually colluded with General McChrystal to attempt to cover up that death. Col. Lawrence Wilkerson said, Cheney was co-president. I'd go further than that and say that for national security issues and other critical issues Cheney was the President. . I don't think there's any question it goes to Cheney. I'm increasingly of a mind that a lot of it goes to Cheney and stops there. Not just because of the president's disinclination to do detail, but I also think that Cheney kept some things from the president. In 2008, Admiral Mike Mullen, the chairman of the Joint Chiefs of Staff, brought General McChrystal back to Washington to be his director of the Joint Staff. However, McChrystals nomination was held up for months while the Senate Armed Services Committee investigated a pattern of abuse of detainees by military personnel under his command at Camp Nama in Iraq and McChrystals actions in the aftermath of Tillmans friendly-fire death.

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In his article, Acts of Conscience (August 2006 Esquire), John Richardson wrote about McChrystals role as commander of Task Force 121: Within the unit, the interrogators got the feeling they were reporting to the highest levels. The colonel would tell an interrogator that his report "is on Rumsfeld's desk this morning" or that it was "read by SecDef. Do you know where the colonel was getting his orders from? he asks. Jeff answers quickly, perhaps a little defiantly. I believe it was a two-star general. I believe his name was General McChrystal. I saw him there a couple of times. It was a point of pride that the Red Cross would never be allowed in the door 'Will they ever be allowed in here?' And he said absolutely not. He had this directly from General McChrystal This facility was completely closed off to anybody investigating, even Army investigators." However, McChrystal was never held accountable for abuses of detainees by forces under his command. In part, because of the secrecy of JSOC's missions and since Congress has shown McChrystal and JSOC quite a bit of deference. Congressman Henry Waxman held two hearings on the Tillman case and conducted an investigation into what high-ranking officials knew about the Tillman fratricide. However, despite McChrystals central role in the cover-up and fabrication of Tillmans Silver Star citation, Waxmans Oversight committee allowed McChrystal to decline to testify at their August 1, 2007 hearing (which turned into a praise-fest for McChrystal). During May 2008, Senator Levin asked Senator Webb to conduct a secret review of McChrystals actions in the Armys cover-up of Pat Tillmans friendly-fire death. Shortly afterwards, the Senate Armed Services Committee (led by Senator Levin and McCain) held a secret executive session on May 15th 2008 to confirm McChrystals promotion to Director of the Joint Staff. During their hearing they questioned McChrystal, behind closed doors, about his role in torture at Camp Nama and the Tillman cover-up. A year later, the Senate Armed Services Committees once again held a confirmation hearing for Gen. McChrystals promotion to the new Afghan War commander on June 2nd 2009. The hearing was strictly pro-forma. Senator Levin, McCain, and Webb lobbed McChrystal a few soft-ball questions about his role in torture and the Tillman case. Note: see Did They Teach You How to Lie Yet? & Lies Borne Out by Facts, If Not the Truth , and The [Untold] Tillman Story for more details about the bipartisan whitewash of McChrystal. McChrystals Wikipedia entry is also a good source of biographical material.13


May 11th 2009: President Obamas Nominates Gen. McChrystal As New Afghan CommanderOn Monday, May 11th 2009, the top American commander in Afghanistan, Gen. David McKiernan, was fired. Pentagon officials said General McKiernan was the first general to be dismissed from command of a theater of combat since Douglas MacArthur during the Korean War. The president praised General McKiernan's leadership, but said it was time for a ''change of direction in Afghanistan.'' Admiral Mullen (Chairman of the Joint Chiefs of Staff) recommended General McChrystal to Defense Secretary Robert Gates as a replacement for General McKiernan. The change also reflected the influence of Gen. David Petraeus who took over last fall as the top American commander for Iraq and Afghanistan. Jeremy Scahill was not surprised when President Obama chose General McChrystal as the head of forces in Afghanistan. He said, I wasn't surprised because I think that a lot of people misread President Obama, and a lot of his supporters, I think, erroneously viewed him as a dove that was going to substantially change the way that wars are waged. I think that Obama selected the man that his advisors were telling him was the best person to prosecute this war, and I think that President Obama bought into General McChrystal's famed COIN, or counterinsurgency doctrine, for Afghanistan. Obama chose McChrystal because of his "black ops" pedigree, which suggested that the conflict in Afghanistan was about to take a very ugly turn. The experts believed that he would breeze through congressional confirmation hearings because many Senators believed that his counterinsurgency theories helped the surge in Iraq to succeed. But, Mike Whitney wrote a scathing dissent: McChrystal's appointment suggests that Obama supports the idea that hunter-killer units and targeted assassinations are an acceptable means of achieving US foreign policy objectives. this is a continuation of the Rumsfeld policy with one slight difference, a more persuasive and charismatic pitchman promoting the policy. Other than that, there's no difference. Further Whitney observed, Obama knows of McChrystal's involvement in the prisoner abuse scandal at Baghdad's Camp Nama, just as he knows of his role in the cover-up in the friendly-fire death of ex-NFL star and Army Ranger Pat Tillman. None of this matters to Obama. What matters is winning; not principle, ideals, human rights or civilian casualties. Just winning. The end justifies the means. He has strengthened the Bush policy, not repudiated it. So much for "change".14


MAY 12th 2009: President Obamas BackPedals On Release of Torture PhotosOn April 23rd 2009, the Obama administration announced that the Pentagon would turn over to the American Civil Liberties Union (ACLU) photographs showing detainee abuse of prisoners in Afghanistan and Iraq during the Bush administration. The materials were to be released to the ACLU no later than May 28. The Pentagon also was "processing for release a substantial number of other images contained in Army CID reports [?including Camp Nama?] that have been closed ... the photographs "will constitute visual proof that, unlike the Bush administration's claim, the abuse was not confined to Abu Ghraib and was not aberrational. The photographs are part of a 2003 Freedom of Information Act request by the ACLU -- the same battle that led to President Obama's mid-April decision to release memos providing legal justifications for harsh interrogation methods. The Bush administration argued that releasing these photographs would violate US obligations towards detainees and would prompt outrage and perhaps attacks against the U.S. ... On Monday, May 11 2009, the top American commander in Afghanistan, Gen. David McKiernan, was fired and replaced by Lt. Gen. Stanley McChrystal, a former commander of the Joint Special Operations Command (JSOC).th

... The next day, on Tuesday, May 12th 2009, the president informed Gen. Ray Odierno, commander of U.S. troops in Iraq, of his decision to block the release of photos. Odierno and Gen. David Petraeus [who advocated for the promotion of his friend McChrystals] influenced Obamas decision after telling the administration that they were afraid the photos will cost American lives. They expressed deep concern about fresh damage the photos might do, especially as the United States tries to wind down the Iraq war and step up operations against the Taliban and al-Qaida in Afghanistan. ... On Wednesday, May 13th 2009, President Barack Obama announced he would try to block the court-ordered release of photos that show U.S. troops abusing prisoners. Yet, Obama had OKed15


their release just a few weeks earlier, on April 23rd, and the Justice Department had concluded that further appeal would probably be fruitless. President Obamas effort to keep the photos from becoming public represented a sharp reversal from his repeated pledges for open government, and in particular from his promise to be forthcoming with information that courts have ruled should be publicly available. President Obama said the abrupt reversal of his April 23rd position came out of concern that the pictures would "further inflame anti-American opinion" and endanger U.S. forces in Iraq and Afghanistan. Obama suggested that the photos had already served their purpose in investigations of a small number of individuals and the individuals who were involved have been identified, and appropriate actions have been taken. Anthony Romero (ACLUs director) wrote, This decision is particularly disturbing given the Justice Department's failure to initiate a criminal investigation of torture crimes under the Bush administration. And when these photos do see the light of day, the outrage will focus not only on the commission of torture by the Bush administration but on the Obama administration's complicity in covering them up. ... Adapted from Tim Heffernans Who the Hell Is Stanley McChrystal? (5-20-09 Esquire):

Gen. McChrystal led the Joint Special Operations Command (JSOC) from September 2003 to August 2008. JSOC is the military's most secretive branch charged with identifying, tracking, killing, or capturing and interrogating the highest-level members of Al Qaeda and other terrorist groups. The violence, however, may not have been limited to actions in the field. In 2006, Human Rights Watch released a major report. "No Blood, No Foul" revealed that the elite forces conducting the interrogations at Camp Nama (short for Nasty-Ass Military Area) committed systematic abuse of prisoners at other facilities across Iraq, leading to at least three deaths. Whether or not he was present during the actual abuse as commander of JSOC, General McChrystal oversaw them. In 2006, "Jeff," an Army interrogator, told Esquire that not only was a McChrystal deputy, a colonel who went by the single name "Mike," present at Camp Nama, McChrystal himself was. "I saw him there a couple of times," Jeff said. When Jeff questioned the legality of the interrogation techniques, he was rebuffed: It was a point of pride that the Red Cross would never be allowed in the door, Jeff says. ... "Once, somebody brought it up with the colonel. 'Will they ever be allowed in here?' And he said16


absolutely not. He had this directly from General McChrystal and the Pentagon that there's no way that the Red Cross could get in they won't have access and they never will. This facility was completely closed off to anybody investigating, even Army investigators." ... In light of Gen. McChrystals ties to torture, it is worth noting the dates of McChrystal's appointment and President Obama's decision not to release more photos of prisoner abuse in Iraq: May 11 and [12 or] 13, respectively. It certainly doesnt take much imagination to speculate that President Obamas abrupt decision to block the release of torture photos from Iraq was made to protect the nomination of Gen. McChrystal that he had just made the previous day. It appears that Gen. Petraeuss deep concern about fresh damage the photos might do may have had more to do with protecting his friend Gen. McChrystal than with endangering forces in Iraq and Afghanistan.

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MAY 13th 2009: Presidents Obamas Big-Time Fumble at Sun Devil Stadium:On May 13th 2009, more than 60,000 people waited for hours in the broiling sun to hear President Barack Obama's commencement speech to Arizona State University's graduating class and his witty response to a lingering controversy over the school's decision not to give him an honorary degree. Citing a precedent of not honoring elected officials, ASU President Michael Crow said earlier in 2009 that the school would not award the president with an honorary degree. Then a university spokesperson added to the awkwardness by saying that school only honored someone whos really outstanding, who has made outstanding contributions in their field. Obama urged the graduates to stand up to the challenging times by rejecting traditional status symbols as they build their own "body of work," a riff on ASU's decision to withhold an honorary degree because the relatively new commander-in-chief had yet to establish a large enough body of work. ... President Obama used his first commencement speech since taking office to implore the graduates of Arizona State University to resist the temptations of materialism and status and instead choose a life of service and commitment to help rebuild the country: I come to embrace the notion that I haven't done enough in my life; I heartily concur; I come to affirm that one's title, even a title like President of the United States, says very little about how well one's life has been led no matter how much you've done, or how successful you've been, there's always more to do, always more to learn, and always more to achieve. You're taught to chase after all the usual brass rings you chase after the big money and you figure out how big your corner office is; you worry about whether you have a fancy enough title or a fancy enough car. That's the message that's sent each and every day, that's how you will measure success. the elevation of appearance over substance, of celebrity over character, of short-term gain over lasting achievement is precisely what your generation needs to help end

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We need your daring, we need your enthusiasm and your energy, we need your imagination. I'm talking about an approach to life -- a quality of mind and quality of heart; a willingness to follow your passions, regardless of whether they lead to fortune and fame; a willingness to question conventional wisdom and rethink old dogmas; a lack of regard for all the traditional markers of status and prestige -- and a commitment instead to doing what's meaningful to you, what helps others, what makes a difference in this world. That's the great American story: young people just like you, following their passions, determined to meet the times on their own terms. They weren't doing it for the money. Each of them, at one point in their life, didn't have any title or much status to speak of. But they had passion, a commitment to following that passion wherever it would lead, and to working hard every step along the way. And that's not just how you'll ensure that your own life is well-lived. It's how you'll make a difference in the life of our nation. Acts of sacrifice and decency without regard to what's in it for you -- that also creates ripple effects -- ones that lift up families and communities in committed young people like you, we see the true face of America: our strength, our goodness, our diversity, our enduring power, our ideals. So Class of 2009, that's what building a body of work is all about -- it's about the daily labor, the many individual acts, the choices large and small that add up over time, over a lifetime, to a lasting legacy. That's what you want on your tombstone. It's about not being satisfied with the latest achievement, the latest gold star -- because the one thing I know about a body of work is that it's never finished. And, urging the Class of 09 to not be dismayed about lifes stumbles, Obama offered a nod to a local icon, former Cardinals quarterback Kurt Warner: No one thought a former football player stocking shelves at the local supermarket would return to the game he loved, become a Super Bowl MVP, and then come here to Arizona and lead your Cardinals to their first Super Bowl. (Applause.) Your body of work is never done.

Note: see Barely A Footnote -- Superbowl XLIII and the NFLs Betrayal of Pat Tillman for my comments about that Superbowl game during which Gen. Petreaus was honored for his courage, bravery, and service.

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... President Obama could have been talking about Pat Tillman when he delivered passages such as, I'm talking about an approach to life -- a quality of mind and quality of heart; a willingness to follow your passions, regardless of whether they lead to fortune and fame; a willingness to question conventional wisdom and rethink old dogmas; a lack of regard for all the traditional markers of status and prestige. But, in a speech that focused heavily on serving a larger good, Obama made no mention of Pat Tillman, the former ASU and Cardinal football star who quit the NFL to join the military, was killed by friendly-fire in Afghanistan, and whose death was covered-up by the Army and the government. Why no mention of Pat Tillman? After all, the President was speaking at Tillmans alma mater at Sun Devil Stadium. Did President Obama and his speechwriters suddenly suffer amnesia? In his May 17th column, Obamas Big-time Fumble, Bob Young (The Arizona Republic) speculated that Obama was sensitive to the fact that his speech came just a couple of days after after his nomination of General McChrystal: knowing what a big sports fanatic Obama is we were shocked that he passed up a wide-open opportunity. He encouraged ASU's graduates not to chase "the usual brass rings" He told them such an approach elevates "appearance over substance, celebrity over character, and said it's just the sort of thinking today's young people must end. With apologies to all whom Obama cited is there any better example of character over celebrity and substance over appearance than Pat Tillman, the guy who made his name in the very stadium where Obama stood? Tillman literally stopped chasing the brass ring and gave up millions and an NFL career to join the Army's elite Rangers and fight in Afghanistan. He died there, the victim of friendly fire. Maybe it simply was an oversight that Obama forgot Tillman, although we were told Sunday that Obama was staged inside the Arizona State football locker room before his speech - where there is a photo of Tillman. And he walked right up and out of Tillman Tunnel to reach the stage. Perhaps Obama was sensitive to the fact that the speech came shortly after the announcement that Gen. Stanley A. McChrystal would become the top American commander in Afghanistan. McChrystal was deemed by a Pentagon investigation to be responsible for inaccurate information from the Army about Tillman's death, and the Tillman family has been critical of what it believes was his role in a cover-up of the real events that took place.

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Obama had a wide-open opportunity to remind us that Tillman could be the best example in our lifetimes of someone who eschewed popularity and personal advancement to devote himself to a bigger purpose. For some reason, the president passed. ... Why didnt President Obama at least mention Pat Tillman during his speech? I believe the President didnt mention Pat Tillman because he had just nominated Gen. McChrystal two days before his speech despite knowing of his role in the Armys cover-up of Pat Tillmans friendly-fire death (it defies reason that Obamas advisors never bothered to mention the possible political complications of McChrystals nomination). President Obama didnt dare mention Tillman during his commencement speech; doing so would risk opening the door to questions about McChrystals central role in the cover-up of Pat Tillmans friendly-fire death.

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May 21st 2009: Senate Passes Detainee Photo. Records Protection Act

The Second Circuit ruled in September 2008 that the detainee photos must be released under the Freedom of Information Act. After the Circuit Court refused in March to rehear the case en banc, the Administration decided on April 23, 2009 not to take the case on to the Supreme Court, and the Circuit Court issued its mandate. On May 11th, President Obama nominated Gen Stanley McChrystal as the new Afghan Commander. On May 13th 2009, the same day as his ASU commencement speech, President Obama announced the reversal of his April 23rd decision not to appeal the court-ordered release of photos showing detainee abuse saying they would pose an unacceptable risk of danger to U.S. troops in Afghanistan and Iraq after meeting with Gen Petreuas and other military leaders on May 12th. Obviously anticipating that the Government was likely to lose its court appeal, Obama asked Congress to change FOIA by retroactively narrowing its disclosure requirements and prevent a legal ruling by the courts. Senator Graham said the White House helped them draft the bill. On May 20th, U.S. Senators Lindsey Graham, Joe Lieberman and Senator John McCain introduced the Detainee Photographic Records Protection Act to block the release of the detainee photos by changing the language of the Freedom of Information Act. LIEBERMAN: As you know, President Obama overturned a decision of some of the attorneys in the Justice Department not to appeal from a lower court decision in an ACLU lawsuit that would have compelled the release of these photos. President Obama did the right thing. He did the right thing because he knows that the release of these photos will achieve no good and will do great harm. That's why Senator Graham and I introduced the Detainee Photographic Records Protection Act, to back up President Obama's commander in chief decision not to release these photos. SENATOR GRAHAM: And our goal is to make sure that Congress speaks in a way that these photos never see the light of day. I think everyone agrees the most effective way to stop the photos from being released is congressional enactment of a law telling the courts we do not want these photos released. GRAHAM: Initially, the administration was not going to appeal the 2nd Circuit's court decision to require release of the photos. We wrote a letter to the president asking him to reconsider. But, more importantly, our commanders called the president -- they22


didn't call him, he called the commanders. [I bet he got it right the first time!] He sat down with Secretary Gates. He listened to General Odierno. LIEBERMAN: we certainly drafted the amendment together with people in the White House. because the president does not want these photos to see the light of day. GRAHAM: We've been pretty low key about this. We passed this thing without a voice vote. The administration helped write the bill. We compromised in the Senate. And we've been very quiet, thinking this thing was put to bed. The last thing I wanted to do is make a big issue about this. I didn't ask for a recorded vote, and we could have. (Weekly Standard, 6-09-09) On May 21st, the Detainee Photographic Records Protection Act was offered as an amendment to the Supplemental Appropriations bill and the U.S. Senate unanimously passed it....

Its worth noting the dates of McChrystal's nomination and President Obama's decision not to release photos of prisoner abuse in Iraq; May 11th and 12th, respectively. Presumably, some of the photos showed abuse by JSOC forces under under McChrystals command? The photo release could have led to media controversy and led to difficulties with McChrystals Senate confirmation. On May 13, 2009 Glenn Greenwald (blogs at salon.com) wrote, To argue that the photos will harm how we are perceived is, necessarily, to acknowledge that they reveal new information that is not already widely known [McChrystals role in torture at Camp Nama?]. Apparently, the proper reaction to heinous acts by our political leaders is not to hold them accountable but, instead, to hide evidence of what they did. What makes all of this even worse is that it is part of a broader trend whereby the Government simply retroactively changes the law whenever it decides it does not want to abide by it. For more detail, links to source documents see Appendix H1 The McChrystal Protection Act of 2009

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JUNE 2nd 2009: Senate Armed Services Committee Confirmation Hearing for Gen. McChrystal:Jon Krakauers book about the Tillman story, Where Men Win Glory, ends with Congressman Henry Waxman unable to determine who was responsible for the cover-up of Pat Tillmans friendly-fire death. Congressman Waxman blamed his failure on stonewalling by the Bush White House. He stated in frustration, What we have is a very clear, deliberate abuse intentionally done. Why is it so hard to find out who did it? Krakauer properly cast blame on the top leadership of the Army and the White House that used every means at its disposal to obstruct the congressional investigation into Tillmans death and its aftermath But, his account of the cover-up ended far too soon with Bushs press conference August 9, 2007. The cover-up actually continued up through the June 2, 2009 confirmation hearing of General McChrystal as the Commander of the Afghan War. Blaming Bush and the Army for the cover-up, with the Democratic Congress as the champions in pursuit of the truth is too simple. In reality, the cover-up has been a thoroughly bipartisan affair, with Congress and the Obama Presidency continuing to protect especially General McChrystal from punishment and to shield his actions from scrutiny. Just as with warrantless wiretapping and torture, those responsible have not been held accountable. Theyre moving forward, not looking back. Just before the Senates June 2009 confirmation hearing for General McChrystal, I wrote a 100page document, Did They Teach How You to Lie Yet Senator James Webb, General Stanley McChrystal, and the Betrayal of Pat Tillman. 12-26-10 UPDATE: Ive added much more detail about Congressman Waxmans 2007 hearings and investigation and the 2009 Senate Hearing at The [Untold] Tillman Story]. I argued that the top leadership of the Army, Congressman Henry Waxmans House Oversight Committee, and the Senate Armed Services Committee (especially Senator James Webb, Senator Carl Levin, and Senator McCain) acted to shield McChrystal from scrutiny and protect him from punishment for his actions. Perhaps Krakauer was credulous in taking Congressman Waxmans rhetoric at face value. Waxmans so-called investigation (like the DoD IG report) was not an honest attempt to get at the truth. Despite the concerns raised by his Committee during their April 2007 hearing about24


the falsified Silver Star, P4 document, etc. they never looked further into McChrystals role, who was at the very center of these actions. And testimony during the August hearing was a praise-fest for McChrystal. Shortly before his August 2007 Tillman hearing, McChrystal was dropped from the witness list (Waxman allowed McChrystal to decline to testify although he issued a subpoena for Gen. Kensinger) and never interviewed despite his central role in the cover-up. ... During Spring 2008, after he received my letter imploring him to help Mary Tillman, Senator James Webb conducted a secret review of McChrystals role in the aftermath of Tillmans death. On May 15th 2008, while Mary Tillman was in Washington, D.C. on her book tour, the Senate Armed Services Committee (headed by Levin and McCain) held a secret executive session where McChrystal testified in detail about his actions behind closed doors. Shortly afterwards, the Senate promoted him to Director of the Joint Staff. Senator Jamess Webb betrayal of the Tillman family cuts me the deepest. Ive trusted his sense of honor for thirty years. If anyone in Congress should have cared, it would have been him. For example, Webb, as a young Marine veteran spent 8 years to clear the name of a dead Marine for his mothers sake! Im hard on Webb not because I dislike the man, but that Im disappointed by him. As an old man and politician, hes turned into exactly what he once reviled as a young soldier! And Im certainly not casting all the blame for the sins of Congress onto him. Henry Waxman, Chairman Carl Levin, Senator McCain, Nancy Pelosi, and Harry Reid and others in Congress bear greater responsible than Webb. It just happens I know more about Webb and his role and have had personal interactions with his office. ... On May 12th 2009, President Obama fired General McKiernan (rather ironic given that some were calling for Obama to fire McChrystal for insubordination this past September!) and nominated McChrystal to be his new commander of the Afghan War (and for promotion to the Armys highest rank). (Ironically, the following day, Obama gave the commencement address at Arizona State University inside Sun Devil Stadium without once mentioning Pat Tillman! Id assume that President Obama didnt want to bring up Tillmans name to avoid anyone pointing out the

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connection to McChrystals nomination. [see the Arizona Republics Bob Youngs 5-17-09 Obamas Big-Time Fumble). After a pro forma June 2nd hearing by the Senate Armed Services Committee, the Senate (begged to do so by Senator Reid) confirmed McChrystals promotion by unanimous consent on June 10th. ... On May 26th 2009, Pentagon Reporter Thom Shankers Nomination of U.S/ Afghan Commander Revives Questions on Tillman Case was published by the New York Times exonerating General McChrystal of all wrong-doing in the Tillman case. Note: The week before McChrystal's June 2nd Senate confirmation hearing, I corresponded with Shanker and gently pointed out how Shanker's article was full of "lies ... borne out by facts, if not the truth." I spelled all this all out in excruciating detail, in "Lies ... Borne Out by Facts, If Not the Truth" -- Thom Shanker, The New York Times and the Whitewashing of General McChrystal's Role in the Aftermath of Pat Tillman's Death. ... On June 2nd 2009, the Senate Armed Services Committee held General McChrystals confirmation hearing for his promotion to four-star general and commander of the Afghanistan War. But the Senators didn't press McChrystal aggressively during the nearly three-hour hearing. Mary Tillman said, "I think more effort should have been made on the part of the committee to find out more about his true nature, his true character and his true actions in terms of the detainee abuse and Pat's situation. As David Corn commented on PBSs News Hour: And so the Pat Tillman questioning, the questioning about detainee abuse, I thought, seemed very orchestrated and didn't give a full airing to these very, I think, hot-button issues. You know, he came up with what sounded to be a plausible explanation, but, again, a lot of what happened today made it clear to me that Democrats and Republicans had both decided, "He's our guy in Afghanistan Only Senator McCain and Senator Webb asked General McChrystal to comment on his handling of the Tillman fratricide. Senator McCain asked McChrystal why he [McChrystal] forwarded the Silver Star recommendation in the form that it was in. Senator Webb said You have not been on the record in terms of how you personally feel about this incident, and I would like to give you the opportunity to do that.

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Neither Senator asked McChrystal any follow-up questions. Mary Tillman criticized Sen. John McCain of Arizona, the ranking Republican on the committee, who questioned McChrystal on Tuesday, for "playing dumb" by not following up on McChrystal's explanations. In his first public testimony before a congressional committee, McChrystal testified about his handling of the aftermath of Tillmans death. The June 2nd hearing was the first to address such concerns, because the Senate held a closed executive [secret] session last spring [5-15-08] to confirm McChrystal in his former position as director of the Pentagon's Joint Staff General McChrystal denied the phony narrative of a raging firefight was anything more sinister than "mistakes" made to honor the famous GI. "They were well-intentioned" but created "doubt and the sense of mistrust.. "I didn't see any activity by anyone to deceive," he said. "We failed the family. And I was a part of that." He earlier expressed his "deepest condolences" to Tillman's family and fellow rangers. Mary Tillman says she neither accepts nor believes McChrystal's apology. "McChrystal was lying," she said of his comments Tuesday. Note: you can find my detailed commentary and rebuttal of McChrystals testimony in the Appendix, June 2nd 2009 Senate Armed Services Committee Confirmation Hearing for Gen. McChrystal in Did They Teach You How to Lie Yet? -- Senator James Webb, General Stanley McChrystal, and the Betrayal of Pat Tillman 12-26-10 UPDATE: Ive added much more detail about Congressman Waxmans 2007 hearings and investigation and the 2009 Senate Hearing at The [Untold] Tillman Story]. ...

The 6-02-09 Senate hearing was just the final layer of fertilizer upon the high mound of Army and Congressional "investigations" of Tillman's death. The hypocrisy of the Senators was disgusting. It was a travesty of justice that Pat Tillman's family were handed a tarnished Silver Star, while General McChrystal was confirmed, promoted to the highest rank in the Army, and handed his fourth star.

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JUNE 10th 2009: Senate Approves Gen. McChrystals Promotion By Unanimous ConsentStanley McChrystal won Senate confirmation on Wednesday June 10th 2009 as an Army fourstar general and the new Afghan war commander. General McChrystals confirmation came only Senate Majority Leader Harry Reid went to the floor on June 10th 2009 to make an impassioned plea for Republicans to allow a vote to confirm General McChrystals promotion to the Armys highest rank and as commander of the Afghan war: Note: This vote came a week after the pro-forma Senate Armed Services Committee hearing that didnt dig into McChrystals role in torture at camp Nama and the cover-up of Pat Tillmans friendly-fire death. See Did They Teach You How to Lie Yet? for more details and The [Untold] Tillman Story.

SENATOR REID: In the few short months since President Obama took office, Republicans held up many of his nominees for crucial positions They are holding up LTG Stanley McChrystal, an eminently qualified soldier, whom President Obama and Secretary Gates chose to be our new commander in Afghanistan. I met him in my office the other day. (S6423) Mr. President, in my office a few minutes ago, I received a call from Admiral Mullen, the Chairman of the Joint Chiefs of Staff. I wrote down what he asked and what he said. He said: Senator, there is a sense of urgency that General McChrystal be able to go to Afghanistan tonight. There is no commander in Afghanistan. Admiral Mullen saidand I wrote it down: Admiral McChrystal is literally waiting by an airplane. It is 2 oclock in the morning Thursday in Afghanistan. Dawn will soon be breaking and our troops will not have a commander there. Is this what the minority wants? Why cant they come and approve this man to go defend us in Afghanistan? I am without words to try to explain my consternation at the fact that General McChrystal, one of our most eminent, prominent, outstanding, qualified soldiers, a man whose father won five Silver Stars, a man whose record is one of being the leading person in our military to do counterinsurgencythat is what he is an expert in doing. Lets get the man approved tonight so he can leave in an airplane and get over there and take care of his men and women. (S6430) Shortly afterward, the Senate approved President Obamas nomination of General McChrystal with a voice vote by unanimous consent:

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Mr. MCCONNELL: Mr. President, I understand the majority leader was asking about clearing some military promotions earlier today. I wanted to indicate we are clear with those and never had an issue with these particular promotions. Unless there is an objection from the other side, and having notified the other side, I ask unanimous consent that the Senate proceed to executive session to consider the following military promotions (S6432) PRESIDING OFFICER. Is there objection? Without objection, it is so ordered. The nominations considered and confirmed are as follows: The following named officer for appointment in the United States Army to the grade indicated while assigned to a position of importance and responsibility under title 10, U.S.C., section 601: To be general Lt. Gen. Stanley A. McChrystal (Congressional Record, S6432, 6-10-09) From his new command in Afghanistan, General McChrystal will report directly to another longtime colleague, General Petraeus. ... The following day, on June 11, 2009, Senator Russ Feingold inserted into the Congressional Record a speech where he oppose[d] the nomination of LTG Stanley McChrystal because of a classified matter (conveyed in a letter to President Obama) and because McChrystals public testimony concerning interrogation appears incomplete, at best. SENATOR FEINGOLD: Mr. President, I oppose the nomination of LTG Stanley McChrystal to command U.S. forces in Afghanistan for two reasons. The first relates to a classified matter about which I have serious concerns. I have conveyed those concerns in a letter to the President. The second issue is interrogation. At his public confirmation hearing [6-02-09], General McChrystal responded to a question from Chairman LEVIN regarding interrogation policies that included stress positions, the use of dogs and nudity by stating that [s]ome of them were in use when I took over, sir, and then, as we immediately began to reduce that. When asked whether he was uncomfortable with some of the techniques in use, he replied [w]hen I took over, I was. However, following the hearing, Chairman LEVIN sent General McChrystal a question Asked to square his public testimony with this record, General McChrystal responded that, when he took command in 2003, he reviewed the interrogation program and, in March 2004, reduc[ed] the frequency of use of several of the techniques by requiring high-level approval. General McChrystal then acknowledged that he personally requested approval from General Abizaid [3 weeks after their suspension] to continue29


using several of the techniques that had just been suspended [on May 6, 2004], including control positions. I am thus dismayed by General McChrystals personal support for the use of some of these techniques, particularly the so-called control positions, and by his efforts to continue the techniques after they had been suspended. And, while I have no reason to believe that General McChrystal would not adhere to current law and policy, I am troubled by his failure to express any regret for his previous positions. Finally, I am concerned about General McChrystals public testimony, which sought to convey that he was uncomfortable with various interrogation techniques and sought to reduce their use. Given the full history of his approach to interrogations, this testimony appears to be incomplete, at best. In other words, Feingold said that McChrystal was lying, or at least prevaricating, in his public testimony about interrogation at Camp Nama before the Senate on June 2, 2009. Senator Feingold said he opposed McChrystals nomination. Yet, the previous day, McChrystals nomination was approved by unanimous consent. Where was Feingolds opposition when it would have mattered? Feingold had merely to place a hold on the nomination to stop McChrystals confirmation (as other Senators had done (apparently) for other reasons). What was the classified matter about which I have serious concerns.? Its possible that he was referring to the Tillman cover-up, although its more probable something to do with the classified JSOC operations (assassination programs?). ...

John T. Reeds has offered wonderful commentary about the Tillman case over the past few years. Heres his take, edited here, The General Who Lied About Pat Tillman Gets Promoted to the Highest Rank and Made Head of Afghanistan (June 2009): I ripped General Stanley McChrystal up one side and down the other in recent years for his lying and covering up the Pat Tillman friendly-fire death in two articles at my Website. I should change the name of the latter to Army got away with whitewash of Tillmans death and coverup.

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The main guy in the cover-up just got promoted to the highest rank in the U.S. military four-star generaland promoted to head of Afghanistan, arguably the most sought-after job in the entire U.S. military at present. McChrystal was also investigated for, and his appointment to director of the Joint Chiefs last year delayed because of investigations into his treatment of detainees in Iraq Who is responsible for this continuing outrage with regard to the treatment of Pat Tillmans death and the never-ending cover-up of it? CentCom commander David Petraeus who will now be McChrystals immediate superior. Defense Secretary Robert Gates who said we need fresh eyes in Afghanistan. After five official inquiries into the Tillman incident, we could not find any honest eyes in the whole U.S. military. Perhaps the lack of integrity in the military is a higher priority than the freshness of the four-star general in charge of Afghanistan. Commander in Chief Barack Obama. This piece of change we can believe in is to see the Bush Administrations cover-up and raise them one. Hell, George! You merely refused to punish McChrystal. Wuss! Namby pamby! Were promoting the son of a bitch to four stars and head of Afghanistanwhere Tillman was killed no less! That was always your problem, George. You never had the guts to spit in the faces of the gold star mothers. As far as the wonderfulness of the military and congressional investigations, Senator John McCain said, [the Armys actions were] inexcusable and unconscionable. Nevertheless, McCain supports the promotion of McChrystal. McCain was career military. He knows that lying by officers is standard procedure in the U.S. military. Thats why he has no problem with McChrystals lying in the Tillman case. McChrystals promotion turns out to be an integrity litmus test. Those opposed to the promotion (the Tillman family) have integrity; those in favor of promoting McChrystal (Petraeus, the U.S. Army, Secretary of Defense, Senator McCain, and Obama), do not. ... But, John T. Reed left out a few names of those responsible for the never-ending cover-up. I would add Congressman Waxman, Senator Webb, Senator Levin, House Majority Leader Pelosi, Senate Majority Leader Reid, the editors of the New York Times, the New York Times reporter Thom Shanker, and CNAS fellow Andrew Exum.

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Oct. 28, 2009: President Obama Signs Detainee Photographic Records Protection ActThe photo act was stripped out of June 2009 supplemental bill. But, later it was attached to Homeland Security Conference HR 2892 and passed. Signed into law 10-28-10. Senator McCain said, I am also pleased this conference report does contain a provision that will allow the Secretary of Defense to prohibit the disclosure of detainee photographs under the Freedom of Information Act if he certifies that release of the photos would endanger U.S. citizens, members of the Armed Forces, or U.S. Government employees deployed outside the United States. ... H.R.2892 Department of Homeland Security Appropriations Act, 2010 MAJOR ACTIONS: 6/16/2009 Introduced in House 10/13/2009 10/15/2009 10/20/2009 10/20/2009 10/22/2009 10/28/2009 10/28/2009 Conference report H. Rept. 111-298 filed. Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 307 - 114 (Roll no. 784). Conference report agreed to in Senate: Senate agreed to conference report by Yea-Nay Vote. 79 - 19. Record Vote Number: 323. Cleared for White House. Presented to President. Signed by President. Became Public Law No: 111-083 [Text, PDF] ...

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APPENDIX A: Who the Hell is Stanley McChrystal?

From Elizabeth Bumiller & Mark Mazzetis Man In the News: General Steps From Shadow (NYT May 13, 2009):By ELISABETH BUMILLER AND MARK MAZZETTI

Lt. Gen. Stanley A. McChrystal, the ascetic who is set to become the new top American commander in Afghanistan, usually eats just one meal a day, in the evening, to avoid sluggishness ''If you asked me the first thing that comes to mind about General McChrystal,'' said Leslie H. Gelb, the president emeritus of the council, ''I think of no body fat.'' when he was a fellow at the Council on Foreign Relations in 2000, he ran a dozen miles each morning to the council's offices from his quarters at Fort Hamilton on the southwestern tip of Brooklyn. He is known for operating on a few hours' sleep and for running to and from work while listening to audio books on an iPod. But General McChrystal has also moved easily from the dark world to the light. Fellow officers on the Joint Chiefs of Staff, where he is director, and former colleagues at the Council on Foreign Relations describe him as a warrior-scholar, comfortable with diplomats, politicians and the military man who would help promote him to his new job. ''He's lanky, smart, tough, a sneaky stealth soldier,'' said Maj. Gen. William Nash, a retired officer. ''He's got all the Special Ops attributes, plus an intellect.'' Adm. Mike Mullen, the chairman of the Joint Chiefs of Staff, brought General McChrystal back to Washington to be his director [of the Joint Staff, promoted after secret Senate hearing May 15, 2009] last August, and the physical proximity served General McChrystal well, Defense officials said. In recent weeks, Admiral Mullen recommended General McChrystal to Defense Secretary Robert M. Gates as a replacement for General McKiernan. Most of what General McChrystal has done over a 33-year career remains classified, including service between 2003 and 2008 as commander of the Joint Special Operations Command, an elite unit so clandestine that the Pentagon for years refused to acknowledge its existence. . General McChrystal graduated from West Point in 1976 and spent the next three decades ascending through conventional and Special Operations command positions as well as taking33


postings at Harvard and the Council on Foreign Relations. He was a commander of a Green Beret team in 1979 and 1980, and he did several tours in the Army Rangers as a staff officer and a battalion commander, including service in the Persian Gulf war of 1991. One blot on his otherwise impressive military record occurred in 2007, when a Pentagon investigation into the accidental shooting death in 2004 of Cpl. Pat Tillman by fellow Army Rangers in Afghanistan held General McChrystal accountable for inaccurate information provided by Corporal Tillman's unit in recommending him for a Silver Star. The information wrongly suggested that Corporal Tillman had been killed by enemy fire.

From Gareth Porters Inter Press Service McChrystal Choice Suggests Special-Ops Strikes to Continue (May 13, 2009):As commander of the Joint Special Operations Command (JSOC) from April 2003 to August 2008, he [McChrystal] was preoccupied with pursuing high-value al-Qaeda targets and local and national insurgent leaders in Iraq, Afghanistan, and Pakistan mostly through targeted raids and air strikes. McChrystal spent an unusual five years as commander of JSOC, because he had become a close friend of then-secretary of defense Donald Rumsfeld. Rumsfeld used JSOC to capture or kill high-value enemy leaders, including Saddam Hussein and al-Qaedas top leader in Iraq, Abu Musab al-Zarqawi. McChrystals nomination to become director of the Joint Staff at the Pentagon in May 2008 was held up for months while the Senate Armed Services Committee investigated a pattern of abuse of detainees by military personnel under his command. . . . He was never held accountable for those abuses, supposedly because of the secrecy of the operation of JSOC.

From John Richardsons Acts of Conscience (August 2006 Esquire): the man Garlasco is coming to meet has a story about abuses at a secret camp used by Task Force 121, the ultimate Special Ops team, the elite titanium tip of Donald Rumsfeld's spear. Their names are state secrets. Their work is closely monitored and highly systematized. And they acted under the supervision of ranking officers Jeff was in Iraq early in 2004. But at the very same time the Army was cleaning up Abu Ghraib under scrutiny, Jeff arrived at an elite secret interrogation facility near Baghdad where34


nudity and hooding and stress positions were still routine, where ranking officers knew exactly what was going on and promised to protect the interrogators at all costs. Sometime in February or March, then, he reported for duty at an unmarked compound. This was Camp Nama, the home of Task Force 121, the Special Ops team that chased Osama bin Laden and caught Saddam Hussein and would ultimately locate and kill Abu Musab al-Zarqawi, the self-described leader of Al Qaeda in Iraq. It was Rumsfeld's baby but to find him, it was using the techniques reserved for the "worst of the worst" on ordinary Iraqi civilians. Nama, it is said, stood for Nasty Ass Military Area. To this day, Jeff has no idea of the true names of his superior officers. His supervisor was a colonel who called himself Mike, although Jeff is sure that wasn't his real name. "Do you know where the colonel was getting his orders from?" he asks. Jeff answers quickly, perhaps a little defiantly. "I believe it was a two-star general. I believe his name was General McChrystal. I saw him there a couple of times." Back when he was an intelligence analyst, Garlasco had briefed Stanley McChrystal once. He remembers him as a tall Irishman with a gentle manner. He was head of the Joint Special Operations Command, the logical person to oversee Task Force 121, and vice-director for operations for the Joint Chiefs. That put responsibility right in the heart of the Pentagon. Within the unit, the interrogators got the feeling they were reporting to the highest levels. The colonel would tell an interrogator that his report "is on Rumsfeld's desk this morning" or that it was "read by SecDef." It was a point of pride that the Red Cross would never be allowed in the door, Jeff says. This is important because it defied the Geneva Conventions, which require that the Red Cross have access to military prisons. "Once, somebody brought it up with the colonel. 'Will they ever be allowed in here?' And he said absolutely not. He had this directly from General McChrystal and the Pentagon that there's no way that the Red Cross could get in they won't have access and they never will. This facility was completely closed off to anybody investigating, even Army investigators." The New York Times has reported that as late as June 2005, the Army dropped yet another investigation into torture at Camp Nama because of the confusion created by the use of "battlefield pseudonyms." The confusion extends to the name of the task force itself, which is also known as Task Force 6-26 and Task Force 145.

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From Marc Ambinders Commander's Intent: Lt. General Stanley McChrystal (May 12, 2009 The Atlantic):McChrystal and theater commander David Petreaus developed a close friendship over the past several years, and Petraeus came to view McChrystal as a kindred spirit who saw the war and its progression as he did. An insurgency expert recently retired from the military told me that McChystal shared what Petraeus's "commander's intent" -- the ability to decipher and implement the strategy as the commander in chief intended. The outgoing commander, McKiernan simply did not inspire Petraeus's confidence. And here we are. Andrew Exum,[see my post He Who Shall Not Be Fact Checked] a former Army Ranger who served in Iraq, wrote yesterday on his pseudonymous blog, Abu Muqawama, that " I do know that many policy-makers and journalists think that McChrystal's work as the head of the super-secret Joint Special Operations Command was the untold success story of the Surge and the greater war on terror campaigns." Even though the activities of the JSOC units are as controversial -- if not more so -- than what the CIA or NSA is alleged to have done under the banner of fighting terrorism, there have been few investigations into the conduct, and few calls to investigate. That's because, in part, Congress doesn't know a lot about JSOC's missions and since 2001 has shown them quite a bit of deference. Congressional investigations into detainee policy and Defense Department practices have focused largely on the activities of policy makers and regular units. McChrystal must be confirmed by the Senate .... Knowing how savvy the Defense Secretary is, it's hard to imagine that McChrystal would have gotten the appointment if he'd been mixed up in potential misconduct or extra-legal behavior that Congress could uncover. The only public blight on McChrystal's record is his role in the cover-up of Army Ranger Pat Tillman's death -- but his confirmation will probably not be jeopardized by this incident alone.

From Tom Haydens McChrystal's Rise: More Secrets, Less Daylight (The Nation, May13th 2009):When questioned by the media or senators presiding at his confirmation hearing in a few weeks, Gen. McChrystal may have a simple answer to anything troubling: sorry, that is classified. There are questions to be answered, however. One is framed on page 380 of Bob Woodward's book The War Within, in which the author describes a top-secret operation in 2006 that targeted and killed insurgents with such36


effectiveness that it gave "orgasms" to Derek Harvey, a top aide to Gen. David Petraeus and longtime tracker of Iraqi dissidents. The secret program was led by McChrystal These missions were consistent with the proposals of Petraeus's top counterinsurgency adviser at the time, David Kilcullen, to revive the discredited Phoenix Program used in South Vietnam. consider the one public "blot" we already know about concerning Gen. McChrystal's war record. An investigation by the Pentagon itself found him guilty of fabricating false information in the drama surrounding 2004 death of Army Ranger Pat Tillman, an Arizona Cardinals football player who was killed by friendly fire in Afghanistan. In 2007, McChrystal was held accountable for a Pentagon cover story that Tillman died from "devastating enemy fire," when in fact he was killed by accidental rounds from his own unit.

From Cenk Uygurs Col. Wilkerson: "Cheney Kept Some Things From the President" (May 22, 2009 Huffington Post):

We interviewed Col. Lawrence Wilkerson, the former Chief of Staff to Colin Powell, on The Young Turks and he had some very interesting things to say. CU: Is there some chance that Dick Cheney just flat out gave the orders and didn't tell the president? LW: Absolutely! In my mind I have no problem believing that. I have no problem at all believing that. Cheney was co-president. I'd go further than that and say that for national security issues and other critical issues Cheney was the President. . I don't think there's any question it goes to Cheney. I'm increasingly of a mind that a lot of it goes to Cheney and stops there. Not just because of the president's disinclination to do detail, but I also think that Cheney kept some things from the president.

From Jeremy Scahills The Secret US War in Pakistan (November 23, 2009 The Nation):From 2003 to 2008 McChrystal headed JSOC During the Bush era, Special Forces turned into a virtual stand-alone operation that acted outside the military chain of command and in direct coordination with the White House. 37


[Col. Lawrence] Wilkerson said that almost immediately after assuming his role at the State Department under Colin Powell, he saw JSOC being politicized and developing a close relationship with the executive branch. military and civilian officials who worked at the Defense and State Departments during the Bush administration described in interviews with The Nation an extremely cozy relationship that developed between the executive branch (primarily through Vice President Dick Cheney and Defense Secretary Donald Rumsfeld) and JSOC [i.e. Gen. McChrystal]. ... "I think Cheney was actually giving McChrystal instructions, and McChrystal was asking him for instructions. At that point you had JSOC operating as an extension of the [administration] doing things the executive branch--read: Cheney and Rumsfeld--wanted it to do. This would be more or less carte blanche. You need to do it, do it.

From Jeremy Scahills interview Blackwater: Private Army In The News Again (December 16, 2009) NPR Terry Gross):Mr. SCAHILL: I've talked to former Bush administration officials that have described an incredibly cozy relationship between former Secretary of Defense Donald Rumsfeld, former Vice President Dick Cheney and General McChrystal, where General McChrystal was essentially reporting directly to Rumsfeld and Cheney on operations, and they were effectively carving JSOC out of the broader military chain of command. I've also heard from people that Cheney helped coordinate the testimony of General McChrystal about the death of Pat Tillman in Afghanistan, which was determined to be a friendly-fire incident, and that Cheney actually colluded with General McChrystal to attempt to cover up that death. GROSS: Were you surprised when President Obama chose General McChrystal as the head of forces in Afghanistan? Mr. SCAHILL: Was I surprised? No. I wasn't surprised because I think that a lot of people misread President Obama, and a lot of his supporters, I think, erroneously viewed him as a dove that was going to substantially change the way that wars are waged. I think that Obama selected the man that his advisors were telling him was the best person to prosecute this war, and I think that President Obama bought into General McChrystal's famed coin, or counterinsurgency doctrine, for Afghanistan.38


APPENDIX B: May 11th 2009: President Obamas Nominates Gen. McChrystalAs New Afghan Commander

From Elisabeth Bumiller and Thom Shanker , et al New York Timess Pentagon Ousts Top Commander In Afghan War (May 12, 2009):The top American commander in Afghanistan, Gen. David D. McKiernan, was forced out Monday in an abrupt shake-up intended to bring a more aggressive and innovative approach to a worsening seven-year war. He is to be replaced by Lt. Gen. Stanley A. McChrystal, a former commander of the Joint Special Operations Command. He served in Afghanistan as chief of staff of military operations in 2001 and 2002 and recently ran all commando operations in Iraq. Pentagon officials said it appeared that General McKiernan was the first general to be dismissed from command of a theater of combat since Douglas MacArthur during the Korean War. The change also reflects the influence of Gen. David H. Petraeus, who took over last fall as the top American commander for Iraq and Afghanistan. The president praised General McKiernan's leadership, but said it was time for a ''change of direction in Afghanistan.'' One spot on General McChrystal's generally sterling military record came

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