Attorneys for Jose Rodriguez told Congress the former CIA official won't testify about the destruction of CIA videotapes without a promise of immunity, two people 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 is scheduled to testify before the House Intelligence Committee on Jan. 16.

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 two people close to the case who spoke on condition of anonymity because the talks were to be private.

The CIA has acknowledged that in 2005 it destroyed videos of officers using tough interrogation methods while questioning two Al Qaeda suspects. The Bush administration has urged Congress and the courts to stay out of the tapes inquiry while the Justice Department investigates.

U.S. District Judge Henry H. Kennedy agreed Wednesday not to hold hearings. He said the Justice Department had promised a thorough investigation, and he saw "no reason to disregard the Department of Justice's assurances."

Congress, however, has refused to back off and had planned to make Rodriguez one of the first witnesses in its investigation. It was unclear whether Bennett issued a formal request for immunity or merely told the committee that Rodriguez wouldn't testify without it.

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.

Lawmakers are typically reluctant to grant immunity requests because doing so could torpedo a criminal investigation. Anything Rodriguez spoke about would be off-limits to the Justice Department, as would any secondary evidence built on his testimony.

Attorney General Michael Mukasey recently appointed a prosecutor to conduct a criminal investigation into destruction of the tapes. John Durham, a career public corruption and organized crime prosecutor, has a reputation for being independent.

Durham is investigating whether destroying the tapes amounted to obstruction of justice or violated any court orders.