The CIA is incompetent, stupid or simply a fifth column organization within the government.
How can the Agency completely fark this up?
In a letter made public Nov. 13, prosecutors in the [Zacharias] Moussaoui case admitted to [Judge Leonie] Brinkema that the CIA had wrongly assured her that no videotapes or audiotapes existed of interrogations of certain high-profile terrorism detainees. In fact, two such videotapes and one audio tape existed.
Brinkema is very liberal and anti-prosecutor. She made numerous favorable rulings for the Moussaoui defense that the Fourth Circuit overturned. In a recent case involving post-trial hearings for "Ali al-Timimi, a Muslim cleric from Virginia sentenced to life in prison in 2004 for soliciting treason," Brinkema ripped the government's evidence handling and said she does not trust assurances from the CIA. This may result in al-Timimi obtaining a new trial.