 In December 2007, a Federal appeals court in Washington DC ordered the Department of Defense to preserve evidence in Khan's case.The motion predated reporting that, contrary to earlier claims by the government, the CIA had taped the interrogations of Abu Zubaydah and Abdul Al Nashiri, including their waterboarding in 2002, and destroyed those tapes.A court order of late 2005 had ordered the government not to destroy such evidence.