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The case of the missing 92 CIA interrogation tapes would be a good subject for a modern day Agatha Christie mystery. Someone at the CIA decided the tapes had to be destroyed — even at the risk of an obstruction of justice charge — but no one's confessing. By now John Durham, the assistant U.S. attorney investigating the tapes' destruction, must be scratching his head wondering if everyone at the CIA was complicit.


What we know to be fact is that in 2005, the then-head of the CIA's clandestine service, Jose Rodriguez, ordered the destruction of 92 videotapes of the interrogation in Thailand of two al-Qaeda suspects. The tapes were then destroyed, but that's where the trail ends. We can only guess whether Rodriguez acted on his own authority or on the orders of a higher-up. And then there's the question of why the tapes were destroyed. Did the CIA want to destroy graphic evidence of sleep-deprivation or waterboarding? They were interrogation methods approved by the Department of Justice in memos sent to the CIA, and therefore shouldn't have been deemed a legal problem. The closest thing we come to answer is an internal CIA e-mail released last Thursday, in which an unidentified CIA officer writes that Rodriguez decided to destroy the tapes because they made the CIA "look horrible; it would be devastating to us."


But was Rodriguez acting on his own, or following orders?

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