One of the witnesses in the CIA videotapes controversy will not appear in Congress tomorrow.
Jose Rodriguez, the retired head of the CIA's clandestine service who authorized the destruction of the tapes in 2005, has been released from testifying at a closed hearing before the House Intelligence Committee.
"He remains under subpoena," a committee aide said. "We have deferred his appearance because his lawyer indicated he would not answer any questions without immunity."
Another source says the committee needs "more time to evaluate the facts," but it's not known whether Rodriguez will be granted the immunity he is seeking.
Last week, Robert Bennett, a partner at Skadden, Arps, Slate, Meagher & Flom, who represents Rodriguez, said his client was not willing to testify without immunity from prosecution.
The 2 p.m. hearing will still feature CIA General Counsel John Rizzo.
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