Who Will Take the Fall for the CIA Torture Tape Scandal?

As he concluded a closed-door congressional hearing into the CIA torture tape scandal, Committee Chairman Rep. Silvestre Reyes, D-Texas, on Wednesday opened the country to a historic possibility: that the fate of the investigation into the destruction of the tapes will be decided by Latino government officials. Current and former Latino officials may even determine whether the investigation reaches the White House.

Reyes, the powerful chair of the House Intelligence Committee, is charged with overseeing an investigation into the latest controversy. Reyes' fellow Tejano, former Attorney General Alberto Gonzales, who was one of four Bush administration officials briefed on the tapes before they were destroyed, may be asked to testify in the investigation. And at the heart of the whole affair is Jose Rodriguez, the Puerto Rican native who was the CIA's former director of clandestine operations. According to the CIA officials, Rodriguez ordered the destruction of the interrogation tapes in 2005.

Rodriguez was subpoenaed to appear before a closed-door hearing of Reyes' intelligence committee on Jan. 16. But after Rodriguez's lawyer informed Reyes and the committee that his client would not testify without a grant of immunity, the congressman decided to postpone the former CIA official's appearance. Some observers believe the postponement signals a willingness on the part of Reyes to negotiate some kind of immunity deal with Rodriguez.

Developments in the case represent a new, more diverse chapter in the history of national security scandals. How these current and former Latino officials proceed -- especially Reyes and Rodriguez -- may well determine whether the investigation reaches as far as the Bush administration. President George W. Bush said last December that he could not recall hearing about the 2005 destruction of the tapes prior to a Dec. 6 briefing by CIA Director Michael Hayden, despite recent revelations that Gonzales was among the four White House lawyers debating between 2003 and 2005 whether to destroy the now infamous tapes. Some experts speculate that Rodriguez's testimony could lead to a wider investigation and that he is trying to avoid becoming a fall guy for the Bush administration.

"If everybody was against the decision, why in the world would Jose Rodriguez -- one of the most cautious men I have ever met -- have gone ahead and destroyed them?" said Vincent Cannistraro, the CIA's former head of counterterrorism during an interview with the Times of London. Cannistraro's sentiments were echoed by Larry Johnson, another former CIA official interviewed by the Times last month. "It looks increasingly as though the decision was made by the White House," said Johnson, who pointed to a likely expansion of the investigation by an eventual Rodriguez testimony. "The CIA and Jose Rodriguez look bad, but he's probably the least culpable person in the process," said Johnson. "He didn't wake up one day and decide, 'I'm going to destroy these tapes.' He checked with a lot of people and eventually he is going to get his say."

Whether or not Rodriguez does, in fact, get his say depends on his fellow Latino government official, Reyes. Unlike Gonzales, whose rise from poverty in Humble, Texas, to the heights of power and controversy became front-page news following his involvement in the Abu Ghraib scandal, Reyes is a much lesser-known Tejano. Called "Silver" by his friends and close associates, Reyes, a very conservative, pro-Pentagon Democrat and Vietnam war veteran from El Paso, rose to the top of the congressional intelligence chain after a 26½-year stint with the Border Patrol.

As the head of the congressional committee responsible for oversight of the CIA and 15 other agencies comprising the U.S. intelligence community, Reyes will play a definitive role in determining the breadth and scope of the tape controversy investigation. Derided by Fox News commentator John Gibson and other conservative pundits for being "unqualified" for the position, Reyes' past statements about Rodriguez may raise questions about his ability to objectively manage the investigation. During a Border Security Conference organized by Reyes at the University of Texas at El Paso in August, he presented an award to Rodriguez, calling him "our good friend and American hero" and speaking glowingly of his claim to fame as the man who inspired the role of Jack Bauer in 24. Rodriguez, he said, was "the genesis -- with a few liberties that Hollywood takes -- the exploits of Jose Rodriguez are documented in the series 24." Rodriguez, he added, "admitted to me that he likes fast cars. I won't tell you about the women, but I will tell you about the fast cars. He is a connoisseur of fine wine."