I guess you gotta have a scapegoat, and true to form, just as in the military prosecutions regarding Abu Ghraib, the goal is to find the lowest possible level person possible to assign blame.
The pertinent quote is from an anonymous Senate staffer
"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.Sounds to me like everyone knew what was going on. Higher ups wanted plausible deniability, so they gave "strong advice" without giving an "order", so they could have it both ways.
Hoekstra said Rodriguez must testify to the committee to determine on whose authority the tapes were destroyed, and he said the panel will consult with the Justice Department on whether granting Rodriguez immunity would undermine its own investigation.Translation: let's bury this until after the election.
"If there appears to be any criminal activity taking place, the last thing we would want to do is get in the way of a successful prosecution," Hoekstra said.
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