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CIA Lawyer Points Finger at Rodriguez

Not only did operations chief Jose Rodriguez order the CIA's torture tapes destroyed without authority from top CIA officials, but he then kept it quiet from Congress. That, at least, is the story that CIA's acting general counsel John Rizzo told the House intelligence committee yesterday, according to the AP.

Most of Rizzo's account doesn't really contradict what we know from prior media reports. From 2003 through 2005, White House and Justice Department lawyers (with a couple key exceptions) and top CIA officials all advised that the tapes should not be destroyed. But nobody gave an order to that effect. So when the issue arose again in November, 2005 after The Washington Post broke the CIA black sites story, Rodriguez asked again. Two CIA lawyers found that the agency had no obligation to preserve them.

But Rizzo, who's been acting general counsel since 2004, says that even after that, he advised against destroying them. And he told the committee that then-CIA Director Porter Goss "also recommended" the same. Rodriguez went ahead and ordered the tapes destroyed anyway.

Here's how "a congressional official," who's seen the some 300 pages of documentation that the CIA has so far turned over, described it to the AP:

"If you look at the documents, you get very close to a direct order (not to destroy the tapes) without it being, 'Jose, you're not going to do this,'" the official said....

The...official said the committee will try to determine whether any CIA officials suggested "with a wink and a nod" that the tapes should be destroyed, and whether Rodriguez was being forced to take the blame.

And remember that The Washington Post reported yesterday that "Rodriguez was neither penalized nor reprimanded, publicly or privately" after he ordered the tapes destroyed. Update: Now Rodriguez's lawyer is reiterating this -- and saying that Goss never objected before he ordered the tapes, either.

That's not all that Rizzo pinned on Rodriguez.

He also says that Rodriguez had been tasked with informing leaders of the intelligence committees in Congress that the tapes had been destroyed. That, of course, never happened.

Yesterday Rep. Silvestre Reyes (D-TX) said that they're still mulling whether to offer Rodriguez immunity to spill his guts to the committee. The more all fingers point to Rodriguez, the less likely that gets.


16 Comments

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This whole thing stinks! I can't help but get the suspicion that Rodriquez is being setup as the fall guy. It's all so convenient. They are making him look like the rogue CIA agent that went against the orders of his superiors. That way he takes the fall by himself and no one looks any deeper than that.

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Imagine a world in which government officials took responsibility for their eff-ups and rotten decisions and came clean about them to the appropriate bodies--say, Congress.

It's said so often that it might lose the power of its meaning, but let's not let it: It's not the crime, it's the cover-up.

Reading about Rodriguez, I had an image of a six-year-old who wants to do something he knows he shouldn't do, but he goes to Mommy and Daddy (separately, of course), hoping to get them in a weak moment when they won't tell him outright not to do it. And then after he does it, he blames everyone he can think of and even resorts to, "But you didn't say I couldn't THAT."

Imagine a world in which the government seems to be made up of adults, rather than a bunch of little brats.

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Come on, you really shouldn't be reporting this . . . no one should be. It is not believable frankly.

We're suppose to believe now that the whole story, as told in a closed door meeting by a CIA lawyer (whose client is the agency, not its agents) that a lone CIA agent (management, but an agent nonetheless) decided, all by himself, to break the law. Who's the source for this bombshell . . . Pete Hoekstra.

You're not seriously buying at this dog-and-pony show are you?

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Well I don't know folks, the story is far from over. But the way I see it, it sounds like lawyer shopping to me, the part I like:

"He also says that Rodriguez had been tasked with informing leaders of the intelligence committees in Congress that the tapes had been destroyed."

Sounds like to me lawyer-shopping.

From 2003 through 2005, White House and Justice Department lawyers (with a couple key exceptions) and top CIA officials all advised that the tapes should not be destroyed. But nobody gave an order to that effect. So when the issue arose again in November, 2005 after The Washington Post broke the CIA black sites story, Rodriguez asked again. Two CIA lawyers found that the agency had no obligation to preserve them.

But Rizzo, who's been acting general counsel since 2004, says that even after that, he advised against destroying them. And he told the committee that then-CIA Director Porter Goss "also recommended" the same. Rodriguez went ahead and ordered the tapes destroyed anyway.

You run into this type of thing in many places, like Sarbanes Oxley compliance, "looks good to you huh?" and I guess that goes to the eye of the beholder.

But with a little effort, or even a Google search, you can find the answer that your looking for.

It is the same old deja vue all over again, "never let the facts stand in the way of your convictions."

On the one hand I have to sort of admire Rodriguez for firewalling what would otherwise be an absolute intelligence embaressment, intelligence at it's lowest, pure politics and theatre.

On the other hand, wasn't Porter Goss the former spook, protoge of Bob Graham (who in fairness I contributed to) entered into politics and became a congressman, who then went back to CIA and made those embarrasing tapes disappear?

I mean gosh folks, what a coincidence.

Imagine voting against torture before you voted for it?

Blah, Blah, Woof, Woof.. I mean I really think we ought to at least hear a narrative of how these tapes got destroyed, and a discourse how that torture is no longer part of our US policy, and then lets put this very ugly part of our history behind us as we endeavour to keep the wheels from coming off the economy and our dollar strong.

I say give him immunity and see if he is intelligent enough to repudiate torture, not implicate the panel that is questioning him, and do a sufficient job in exonerating himself, while not damaging national security.

But I told you all, this was comming down to immunity and or a trial, and I'm betting on the immunity.

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Gosh Dee Illuminati ----that's a mighty tall order. Rodriquez is a smart cookie and he's been down this road (ie.hung out to dry by CIA during Iran Contra) before. I'm hoping, he's got docs to support his position. Give the man immunity let's see how far UP the food chain it goes for a change. I would love to see Addington, Gonzalez or Harriet's nuts in a vise. BS on this guy going alone. By the way, he wasn't in charge when the torture was ordered, executed, taped, or when Justice lied to the Courts. His ass wasn't on the line.

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So, they have decided who the "official" fall guy will be. Rodriquez gets tagged as the "rogue" in the agency who acted inappropriately. Even if criminal charges get brought, he get off in the Bush general pardon on January 19, 2009.

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Just like Ollie North, we'll be seeing Rodriguez commenting as a "CIA expert" on FOX News before the end of 2009.

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hope4usa wrote on January 17, 2008 3:28 PM:

Yeah, it is too bad that you can't see all of somebodies posts, link to their post history, if the site was RDMS enabled, but it isn't.

And I get your concerns, but do you imagine that RailRoading this issue and running it through DOJ will come to the conclusion that Yoo, Addington, Cambone, Runsfeld, Cheney(s)-plural, Wolfowitz, and Gonzales get involved?

Nope, the DOJ scope of the investigation will stay on track to the issue of the destruction of the tapes, and similar to the Libby Trial, not make any additional inquiry out side of the scoe of that investigation.

It would take a special prosecutor to do what you suggest, to look into the case and then follow the information and the implications where it leads.

I have said repeatedly that at the very least, the very freaking least, that Yoo should be professionally debarred.

If you read all of my posts you would see I agree that this issue has it's origin higher up the foodchain, but I also know from experience that there is a reluctance in everything from ethics investigations to inquiring the full role of Senate and Congressional involvement in the torture issue.

My bet... and again, have a damn good prediction success on this story, or a limited hangout if you will, is the narrative that I suggest.

The younger folks involved will face this later, but Cheney and Rumsfeld? these were hardened veterans of the beltway, they will be in the grave when the Jr. members are held to account.

Big wheels turn slowly, take progress at progress's rate, and if you really oppose the policy of torture take the small steps to ending it.

there is no equivocating on the issue

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mo2 wrote on January 17, 2008 3:40 PM:

Cohost with Hannity, somebody to hang out with if those mean Paultards through snowballs huh????

LOL...

I could see it now myself and oddly enough a damn good argument for immunity to prevent that from happening.

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The Theory of Unitary Executive has done huge and un-told damage to our country and this is yet another example of Executive power gone awry. Emails, video tape, what's the difference, it all should be erased.

Your former Repub strategist turned PUPRLE,
Mr. Purple

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BULLSHIT. In a White House where "The Decider" has his fingers in everything and the Vice President rules with an iron fist, isn't this 180 degrees out from what we've been seeing from the Bush/Cheney White House since day 1. When's the last time anyone defied Bush or Cheney at all let alone defy them and got away with it? If it was made "clear" to him that he wasn't to destroy the tapes, why would any sane Bush/Cheney underling go against their wishes? It would be career suicide.

This is all about plausible deniability. The only thing I like about this is that the White House is going after Rodriquez hard, which indicates to me that he has the goods on them and they have to make him look as guilty as possible so they could taint his testimony when he incriminates them.

Why would anyone believe Rodriquez would defy his superiors knowing it would cost him his job for doing so? And why wouldn't he have been fired if he had destroyed the tapes in defiance of "advice" from the White House and his superiors? As I said, BULLSHIT.

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the new Libby---

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Honestly folks, take a day and volunteer for Poll duty.

*********** original ** recount ** difference
DEMS
Clinton ******* 8148 ** 8194 ** +0.56%
Obama ******* 5616 ** 5630 ** +0.25%
Edwards ***** 2801 ** 2812 ** +0.39%
Richardson *** 853 *** 859 ** +0.70%
Kucinich ****** 153 **** 154 ** +0.75%
REPUBS
McCain ******* 106 ** 130 ** +22.64%
Romney ******* 89 ** 100 ** +12.36%
Paul ************ 32 *** 39 ** +21.88%
Huckabee ***** 27 *** 31 ** +14.81%
Giuliani ******** 17 *** 21 ** +23.53%
Scatter ********* 54 *** 23 ** -57.41%

At the very least you can fight incompetence and stupidity and help make sure that the vote is counted.

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Rodriguez -- I hope your insurance is paid up, because it your buddies' just through you under a bus.

Why won't you testify? Clearly, they have no intention of protecting you. Why are you protecting them?

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And another reich wing republiCON falling on his sword for the bush crime family. How stupid do they think we are? Never mind, when I think about all the people that still support the bush crime family, I know how stupid some people are.

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Do we know for sure that they have

a) stopped enhanced interrogations (torture)
b) stopped filming/taping/digital recording the sessions
c) stopped destroying the films/tapes/digital recording equivalents

??

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