I'm afraid I don't know what happened, what they were and weren't briefed about, but I know there is a procedure that one can invoke to ask the court to set aside an agreement, particularly a settlement agreement, if you take the position that it was obtained under something less than full disclosure. But I'm not here to give legal advice to the justice department, which they don't need, or political advice to the government of the day, which I'm sure they would not accept.
On February 5th, 2008. See this statement in context.