Sounds like an outright lie to me:
WASHINGTON (Reuters) - The CIA erred in twice telling a court in the case of September 11 conspirator Zacarias Moussaoui that it did not have any recordings of interrogations of “enemy combatants,” when in fact it had three video or audio tapes, according to a letter released on Tuesday.
Prosecutors only recently learned of the tapes from the CIA, they said in the letter to the judge who presided over the case and to a U.S. appeals court that considered the Moussaoui case.
