A Battle Over Blame - Rumsfeld may be rebuked by his own commission investigating prison abuse
Laurent Van Der Stockt / Gamma for Newsweek
By Michael Hirsh and John Barry
NewsweekAug. 9 issue - James Schlesinger has always been a hawk. But in four decades of public life, the square-jawed former professor has also been known as mulishly independent, whether as Defense and Energy secretary or CIA director. (President Gerald Ford, annoyed by Schlesinger's arrogance, fired him.) All of which could add up to an unpleasant surprise for another old Washington lion who is not renowned for his humility: Donald Rumsfeld. In mid-August, the commission that Schlesinger chairs—handpicked by Rumsfeld from members of his own Defense Policy Board—is expected to issue its final report on abuses by U.S. interrogators stemming from the Abu Ghraib Prison scandal. NEWSWEEK has learned the Schlesinger panel is leaning toward the view that failures of command and control at the Pentagon helped create the climate in which the abuses occurred.
The four-member commission's report is still being drafted and its final conclusions are not yet definite. But there is strong sentiment to assign some responsibility up the line to senior civilian officials at the Pentagon, including Rumsfeld, several sources close to the discussions say. The Defense secretary is expected to be criticized, either explicitly or implicitly, for failing to provide adequate numbers of properly trained troops for detaining and interrogating captives in Afghanistan and Iraq. His office may also be rebuked for not setting clear interrogation rules and for neglecting to see that guidelines were followed. The commissioners "are taking an unvarnished look at the issue as a whole," said a source close to the commission. "A more extensive look than some people had initially thought they might take."
"Some people" includes Rumsfeld himself. The Defense secretary's original charter for the commission asked only for the Schlesinger team's "professional advice" and obliquely urged them to steer clear of "issues of personal accountability," which Rumsfeld said "will be resolved through established military justice and administrative procedures." (After Schlesinger argued about the charter language, Rumsfeld allowed that "any information you may develop will be welcome.") Rumsfeld also indicated that he expected members to spend most of their 45-day inquiry reviewing the findings of the other "procedures." These include five ongoing inquiries into abuses, none of which is designed to probe responsibility beyond the uniformed ranks.
But the commission quickly struck out on its own, recruiting 20 investigators and sending them as far afield as Afghanistan and Iraq. They also reinterviewed most of the principal players in the abuse scandal—including the commanders at Abu Ghraib, senior Pentagon civilians and Rumsfeld—and obtained classified material that even the Senate Armed Services Committee hasn't yet seen. Pentagon spokesman Joseph Yoswa said he had no comment on the forthcoming report.
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