Rodriguez, the former head of the CIA's National Clandestine Service, ordered the tapes destroyed in 2005. Rodriguez was scheduled to testify before the House Intelligence Committee at a Jan. 16 hearing.

Defense attorney Robert Bennett told lawmakers, however, that he would not let Rodriguez testify because of the criminal investigation into the case. Without a promise of immunity, anything Rodriguez said at the hearing could be used against him in court.

The discussions were described to The Associated Press by someone close to the case who spoke on condition of anonymity because they were to be private.

Reached by telephone Wednesday night, Bennett said he would have no public comment on the matter. A spokesman for the committee also declined to comment.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

WASHINGTON (AP)—Attorneys for Jose Rodriguez told Congress that the former CIA official won't testify about the destruction of CIA videotapes without a promise of immunity, a person close to the tapes inquiry said Wednesday.

Rodriguez, the former head of the CIA's National Clandestine Service, ordered the tapes destroyed in 2005. Rodriguez was scheduled to testify before the House Intelligence Committee at a Jan. 16 hearing.

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