First Subpoena Issued In CIA Tapes Probe
Congressional Panel Subpoenas Ex-CIA Official Who Ordered Destruction Of Interrogation Tapes
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Jose Rodriguez, as head of CIA National Clandestine Service, in an undated CIA photo. (AP)
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Man Behind CIA Tape Disposal
There's a chill in Washington over the CIA tape case. David Martin reports the decision to destroy videotapes of the interrogations of two terror suspects apparently can be traced to one official at the agency.
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The panel ordered Rodriguez, the former head of the CIA's National Clandestine Service, to appear for a hearing on Jan. 16. Committee Chairman Silvestre Reyes, D-Texas, said Rodriguez "would like to tell his story but his counsel has advised us that a subpoena would be necessary."
Rodriguez ordered the tapes destroyed shortly after a Washington Post expose focused attention on the CIA’s secret prisons, CBS News national security correspondent David Martin reported.
The CIA cracked open its files to congressional investigators Thursday, inviting them to the agency's Virginia headquarters to begin reviewing documents and records related to the videotapes.
House Intelligence Committee staff members want to know who authorized the tapes' destruction; who in the CIA, Justice Department and White House knew about it and when, and why Congress was not fully informed. The committee, which had threatened to subpoena the records if they did not get access this week, also wants to know exactly what was shown on the tapes, which document the harsh interrogation of two al Qaeda suspects in 2002. The CIA destroyed the tapes in 2005.
"We learned we have a long way to go, that there are a number of people involved that we need to talk with," said a committee official, who spoke on condition of anonymity because the investigation of the tapes' destruction is ongoing. "Many in the executive branch will be called." The committee is still drawing up its list of witnesses to call.
President Bush declined to address the controversy, saying at a White House news conference Thursday he was confident that administration and congressional investigations "will end up enabling us all to find out what exactly happened." He repeated his assertion that his "first recollection" of being told about the tapes and their destruction was when CIA Director Michael Hayden briefed him on it earlier this month.
At the Justice Department, investigators were combing through CIA e-mails and other documents and planning to interview former agency officials. One official familiar with the investigation said the review so far indicates that Alberto Gonzales, who served as White House counsel and then attorney general, advised against destroying the videotapes as one of four senior Bush administration attorneys discussing how to handle them. The official spoke on condition of anonymity because of the ongoing investigation. Gonzales' attorney, George Terwilliger, declined comment.
Another of the administration attorneys, John Bellinger, then a lawyer at the National Security Council, has told colleagues that administration lawyers came to a consensus that the tapes should not be destroyed, said a senior official familiar with Bellinger's account of the 2003 White House discussion. Bellinger could not be reached for comment.
"The clear recommendation of Bellinger and the others was against destruction of the tapes," the official said, speaking on condition of anonymity because of the sensitivity of the matter. "The recommendation in 2003 from the White House was that the tapes should not be destroyed."
Exactly which White House officials and attorneys discussed the tapes' destruction and when, with whom, and what they recommended is still a matter of dispute, and one that Reyes hopes his investigation will settle.
Reyes plans to open his investigation with testimony from Rodriguez and acting CIA general counsel John Rizzo on Jan. 16.
The CIA has consented to allow Rizzo to testify, although it has not committed to a date. Rodriguez is represented by attorney Robert Bennett, who also once represented President Clinton, two former secretaries of defense and New York Times reporter Judith Miller.
Reyes also wants the CIA to make available CIA attorneys Steve Hermes, Robert Eatinger, Elizabeth Vogt and John McPherson to testify before the committee. Former CIA directors Porter Goss and George Tenet, former deputy director of operations James L. Pavitt and former general counsel Scott Muller are also on the list.
Muller, who headed the CIA's legal office from 2002 to 2004, advised agency officials against destroying the tapes, according to former government officials familiar with the situation who are not authorized to speak on the record.
Among the documents the House Intelligence Committee could see is a May 2004 memo Muller wrote recording details of a meeting with White House officials that occurred as the Bush administration was scrambling to deal with the unfolding Abu Ghraib prison abuse scandal. According to these officials, the White House raised the issue in that meeting and recommended the tapes be retained intact. Muller did not seek White House input in 2003 because he believed the issue had been decided within the agency, the officials said.
Reyes' panel rejected a Bush administration request that it defer its investigation until a preliminary inquiry being conducted the Justice Department and CIA inspector general is completed.
Reyes and the committee's top Republican, Peter Hoekstra of Michigan, asked last week for immediate delivery of all documents, cables and records regarding the taping of detainee interrogations, as well as for testimony from Rizzo and Rodriguez at a planned Dec. 18 hearing. The officials did not come and the documents were not provided immediately.
Reyes said the Justice Department's letter requesting a delay in his investigation had chilled the CIA's willingness to comply with the committee's requests for information and witnesses.
Justice Department officials denied that, saying their letter did not specifically forbid the CIA to testify or provide documents, something the officials said they have no authority to do. The officials spoke on condition of anonymity because they were not authorized to talk publicly about the letter.
Attorney General Michael Mukasey, however, has refused to immediately provide details of the Justice Department's investigation to the congressional judiciary committees out of fear that could taint what may become a criminal case.
In a separate tug-of-war over who has jurisdiction to investigate the videotapes matter, a federal judge has summoned Justice Department lawyers to his courtroom Friday to determine whether the destruction of the tapes violated a court order to preserve evidence about detainees.
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.



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See all 325 CommentsPosted by ttinsly
Why, Bush would tell them to ignore the subpoena anyway.
The CIA could be worried about Congress cutting funds to their agency as a reprisal but the current Congress has been ineffectual in shutting down any sort of funding.
In the History books they''ll compare the Bush administration to McCarthyism or Nazi Germany - that is if our nations survives these idiots!
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Posted by SBB2211 at 09:02 AM : Dec 20, 2007
+ report abuse
Now I have to admit, especially under fascist control, the Congress didn''t even come close to doing it''s job, but they are now trying to find out just how bad that piece of trash a few people still call''s a president really is. According to the Constitution they were SUPPOSED to have been watching that lower than life garbage, they were NOT and thus we have yet ANOTHER world wide embarrassment. Sieg Heil Bush!!
So the White house wants to conduct it''s own investigation, they want the Justice Dept. (who answers to Bush) to conduct an investigation, and they want the CIA (who answers to Bush) to conduct an investigation.
But they don''t want Congress, (who DOESN''T answer to Bush) to investigate.
And were supposed to believe that there''s no chance of corruption going on?!?!?!
Aww shucks why won''t Congress just let Bush investigate himself again?
The trouble with this issue is that delay gives the ability to destroy the evidence, as proven by the destruction of the tapes. They were asked for this evidence years ago.
Plus the fact, that the guilty believe they''re above the law doesn''t help any.
They''re guilty. We already know they encouraged torture. We already know they''re destroying the evidence. The best thing Congress can do now is get what evidence is available, and impeach them before they can use this new $40 billion to continue the genocide of the Iraq people.
http://www.youpolls.com/details.asp?pid=1338
.
Rings like Watergate when 18 1/2 minutes of taped conversation was erased, or the shredded papers Oliver North destroyed right in front of the justice officials when he was served a subpoena.
Isn''t it strange that both Bush 41 and Vladimir Putin were both heads of state and former Intelligence Community Bosses?
We might even consider creating a constitutional amendment forbiding former Intelligence employees from serving as President of this country.
There are too many messes today that we are dealing with that have something to do with NSA, DIA, CIA, Intelligence controlling or overriding good foreign policy in our country.
Just remember in the future, if we ever fight a real opponent like China or Russia in a war, you can''t ask your enemies not to torture your boys if you have a history of torturing enemy combatants. You can''t all of the sudden be the moral high road guy when the shoe is on the other foot.
Issue the subpoenas Congress now, you are only going to get redacted *** just like every other investigation and an I dont recall Gonzo stance. Harriet is already in contempt issue that vote NOW. And I question the supposed motive that Armitage, Rove and Felon Libby would out the agents like they did Officer Plame and her covert identity. I believe it is more likely then not that the tapes did not support the Administration and CIAs outrageous wrong claims of a threat the Wilson case proves they could care less about protecting a covert Officers identity asking we believe that is a joke.
One can only hope.
Hey Notblue.....
WASHINGTON -- Back in the mid-1990s, the Republican-controlled House of Representatives, aggressively delving into alleged misconduct by the Clinton administration, logged 140 hours of sworn testimony into whether former president Bill Clinton had used the White House Christmas card list to identify potential Democratic donors.
In the past two years, a House committee has managed to take only 12 hours of sworn testimony about the abuse of prisoners at Iraq''s Abu Ghraib prison.
The jarring comparison reflects the way Congress has conducted its oversight role during the GOP''s era of one-party rule in Washington.
Does this count as "Just another of endless investigations by the DO NOTHING Repubs"?
Posted by notblue
Yesterday, when the same question was asked, and real answers were given, you and the rest of your kind decided that they were not important. So, why ask the same question again, or is this another feeble attempt to distract from the fact that being a Republican is equal to being hypocritical scum, taking about helping America''s middle class while you steal everything they have.
Posted by notblue
Notblue, those were partisan investigations started by Newt Gingrich and ended with impeachment of a sitting president with an approval rating in the high sixties. His crime, lying about an affair when they couldn''t nail him for Whitewater, Travel gate, the FBI Records, Kathleen Wiley, Paula Jones and Vince Foster. It is a little disingenuous of you to sit here and expect that there should be no oversight or investigation of this administration.
Posted by notblue
And it took how many years to convict Bill Clinton of the heinous crime of getting blown by his intern?
and not - very well informed either. must have failed his civics 101.
Posted by notblue
Don''t even try. You championed Whitewater, and now you want to deride your own party''s actions in it. Typical Republican hypocrisy.
Posted by notblue at 11:38 AM : Dec 20, 2007
+ report
You Fascist have always, since the very begining, had little understanding of our rights or how we retain them. To you no right is valuable or important UNLESS it''s loss effects you. THAT is exactly how Hitler came to power you know. Right now, as we speak, the Bush Administration can come pick you up, call YOU an enemy combatant or a "terrorist", wisk you off to some prison, torture you and NO ONE will know the difference. That''s right! In a nation founded on the ability of the Accused to face their accuser, you could be subjected to that exact event and NO ONE, no judge, no official, NO ONE would know the difference. It''s sad to see people who CLAIM to believe in what this nation stands for turn a blind eye to the facts for no other reason that THEY aren''t effected. Has it already happened to OTHER American''s, we do not know and to say otherwise is to LIE about the facts! Sieg Heil Bush!!
Posted by notblue at 11:38 AM : Dec 20, 2007
NO!!! All you have to do is get the governments attention, then (without habeas corpus) the Gvmnt can put you in a cell in (where ever) until you rot, No lawyers, no recourse to the right of Americans as you thought you knew them to be. Don''t believe me, look it up.
Posted by micma at 09:55 AM : Dec 20, 200
Believe me they already got all the implicating material gone through and out of there why do you think they had that fire How old are those buildings and Cheney''s as well. c''mon, what else have they destroyed
The CIA has run this country for generations.
They are not likely to ''release'' anything, unless it was well planned all along...
Resistance is futile...
We are being Assimilated, resistance is futile, So true!!! "beam me up Scotty, Living here is too rough"
Airlines and governments going through your bank accounts, the government keeping tabs on what books you check out of the library, eavesdropping without warrants on American citizens, the right to enter your home without a warrant. Remember TIPS, having the mailman and meter reader watching their customers. This may not be considered a loss of protections by you but it is by many of us.
Posted by omega39 at 11:46 AM : Dec 20, 2007
Does anyone think the 800,000 on the FBI''s terror list are all "terrorists"?
Of course not---I''d bet most are hard working Americans---how did all this happen?
Bush wanted wiretapping--got it and we Americans are under suspicion!
I''d like to get a copy if that list.
Posted by b48151 at 12:13 PM : Dec 20, 2007
You''re an idiot!
Posted by b48151
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Repugnanticans for the most part are the Terrorists too - just think about it.
You have terrorists who want control and power and they kill directly for it.
Then you have the Repugnanticans who want control and power and deceive for it and in the process KILL many innocent people and soldiers in the process.
It is not whether either side is "Good" or "Bad" - they both should be abolished!
Why do you hate freedom?
Why do the Democraps always take sides of the terrorist?
Posted by b48151
Why do you hate freedom?
More limited hangout
... There have been no torture, no arrests, no interrogations, no loss of rights, just the pleasure of living in the greatest country in the world. I guess one would have to be a known terrorist or a leftwing fanatic to experience this so called "destruction of our constitution".
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You are comfortable saying that now - when the government is in the control of a party you clearly trust. Hopefully you will trust the next administration as much! %u2013 McVet is right, you have been damaged because you have lost some, or many, of you First, Forth, and Fifth Amendment protections. Add to that the loss of your habeas corpus guarantee and now you, and all the rest of us in our country, are left with no protection against an authoritarian regime. A regime in which The Decider signs a paper declaring you to be a Known Enemy of the Country and ordering you, without any court intervention, to be moved off shore and held indefinitely while the goons extract a confession from you using %u201Caggressive questioning tactics.%u201D Once you have confessed to what ever they have accused you of, the trial begins in front of a military panel. After conviction you have no appeal. Nice to know that you do not believe your constitutional protections have been damaged %u2013 too bad you don%u2019t see that they have been obliterated.
%u2014 George W. Bush, June 14, 2001, speaking to Swedish Prime Minister Goran Perrson, unaware that a live television camera was still rolling
"You know, a long time ago being crazy meant something. Nowadays, everybody''''s crazy."
-- Charles Manson, serial killer and one-time cult leader
Why don''t you pack your bags you worthless pig.
%u2014 George W. Bush, June 14, 2001, speaking to Swedish Prime Minister Goran Perrson, unaware that a live television camera was still rolling
%u2014 George W. Bush, June 14, 2001, speaking to Swedish Prime Minister Goran Perrson, unaware that a live television camera was still rolling
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