When Black - who played a key role in setting up the secret prisons and instituting the interrogation policy - left the CIA in December 2002, Rodriguez took his place. Colleagues recall that even in the deputy's slot, Rodriguez was aware of the videotaping of Zubaida, and that he later told several it was necessary so that experts, such as psychologists not present during interrogations, could view Zubaida's physical reactions to questions.

By December 2002, the taping was no longer needed, according to three former intelligence officials. "Zubaida's health was better, and he was providing information that we could check out," one said.

An internal probe of the interrogations by the CIA's inspector general began in early 2003 for reasons that have not been disclosed. In February of that year, then-CIA General Counsel Scott W. Muller told lawmakers that the agency planned to destroy the tapes after the completion of the investigation. That year, all waterboarding was halted; and a