Error gave terror suspect secret files

FBI failures
May 2002: FBI agent Coleen Rowley sends letter to FBI head complaining her warnings about Moussaoui were ignored by superiors
May 2002: Ex-FBI agent jailed for spying for Russia, embarrassing the agency
July 2001: Prior to 11 September, FBI agent in Arizona warns high number of Middle Eastern men enrolling in pilot training programmes, but memo ignored
May 2001: Execution of Oklahoma bomber Timothy McVeigh postponed after FBI fails to hand over crucial documents to his lawyers

According to newly-released court records, the classified documents - FBI interview reports - were given to Mr Moussaoui along with materials to which he was entitled for his legal defence.

Mr Moussaoui - who is conducting his own defence - is not allowed to see classified documents, although the court-appointed lawyers assisting him are cleared to see them.

Once the discovery was made, federal officers searched Mr Moussaoui's cell in Alexandria, Virginia, to retrieve the material in late August and early September.

A Justice Department official said the government was "quite confident" that Mr Moussaoui never read the papers, which BBC correspondents say comprise 48 documents summarising interviews held by the FBI.

But the official said US Attorney General John Ashcroft had asked the FBI to conduct a damage assessment and investigate how the mistake had happened.

Embarrassment

US District Judge Leonie Brinkema cited the gravity of the security breach in ordering the documents to be retrieved.

"We find that significant national security interests of the United States could be compromised if the defendant were to retain copies of this classified information," the judge said in her order.

She also issued an order on Thursday making public the correspondence between herself and the government on the matter.

Judge Brinkema said she agreed with Mr Moussaoui's lawyers that the government's letters were kept secret solely to avoid embarrassment to the prosecution.

'20th hijacker'

It is not, however, thought possible that Mr Moussaoui would be able to pass on any information retrieved from the material, as he is reportedly not permitted any communication with the outside world.

The 34-year-old, a French citizen of Moroccan origin, has been in detention since he was arrested last summer after arousing suspicion at a flight school in Minnesota.

He is charged with taking part in planning for the 11 September attacks and is believed by many law enforcement officers to be the "20th hijacker" - prevented from carrying out his mission only because he was already under arrest.

Mr Moussaoui has denied involvement in the attacks although he has admitted to being a member of al-Qaeda.

Four of the six conspiracy charges he faces carry a possible death sentence.

His trial is due to start in January. It was postponed by three months due to the "volume and complexity" of the alleged evidence against him.