CIA tapes figure won't appear at Congress hearing

By Randall Mikkelsen

WASHINGTON (Reuters) - A former CIA official subpoenaed by Congress over his role in the destruction of interrogation videotapes will not appear at a hearing by lawmakers this week, his lawyer said on Monday.

Jose Rodriguez, the former head of the CIA's clandestine branch, is believed to have made the decision to destroy the hundreds of hours of videotapes, which depicted the harsh interrogations of two terrorism suspects.

The CIA's disclosure last month that it destroyed the tapes in 2005 prompted an outcry by human rights activists and triggered investigations by Congress and the U.S. Justice Department.

"Mr. R (Rodriguez) has been excused from appearing on Wednesday," his lawyer, Robert Bennett, said in an e-mail.

The U.S. House of Representatives Intelligence Committee had issued a subpoena to compel Rodriguez's testimony, but reports said he insisted on immunity.

A congressional aide said top CIA lawyer John Rizzo is the only one now scheduled to appear at the closed-door hearing.

Rodriguez remains under subpoena and could be called back. "We have deferred his appearance because his lawyer indicated he would not answer any questions, the aide said.

The Bush administration has sought to discourage a congressional probe as a potential conflict with the federal investigation and warned that any immunity deals could undermine Justice Department efforts.

The CIA has said it would cooperate with the congressional investigation.

The tapes depicted the interrogations of suspected al Qaeda members Abu Zubaydah and Abd al-Rahim al-Nashiri.

The interrogations, which took place in 2002, were believed to have included a form of simulated drowning known as waterboarding, condemned internationally as torture.

Rodriguez retired from the CIA this month after a three-decade career.

(Editing by Doina Chiacu)