Federal public defender Geremy Kamens submitted that the loss of the video had deprived Masud of “potentially exculpatory evidence would could have attacked the centrepiece of the government’s case against him”.
“A picture is worth a thousand words, and a video comprises dozens of pictures every second,” Kamens said.
“The interrogation video may have shown Mr Al-Marimi [Masud] appearing nervous, apprehensive, uncomfortable, tense, jumpy, subdued or any combination of these states at various times.
“He may have been sweating, his language may have been stilted, he may have avoided eye contact.
“Any discrepancy between the recording and the written statement or the interrogator’s descriptions of the conversation would provide powerful fodder for cross-examination and impeachment.
“It was not until he [the Libyan official] was asked to provide a copy of the recording to US law enforcement in 2024 that the recording suddenly vanished.”