As to who sees the irony of proving Moussauoui worthy of death via the FBI's incompetence, i suggest that the judge is quite aware of the point.
The larger issue is that the FBI is trying to divert attention from their own blindness by making a big push for the death penalty on conspiracy grounds. This is an old tactic, you could ask Angela Davis. The very conspiracy laws used in this case were rammed through by during the Nixon Administration and were used against the Chicago Seven, amoung others.
The deal is that conspiracy to commit a misdemenor is a felony, and is a direct outgrowth of the repressive Drug Laws, which attract very little attention these days.
But you can lose your house and property for misdemenor possession, if they decide to push the case. It's the Zero Tolerance Reagan laws that led to the confistication of hundreds of pleasure boats in Florida for pot possession.
They always try this stuff, and it always backfires, and they never learn.
What they ought to do, is to give Moussaoui ten years, and put him in General Population. He would last about as long as Jeffery Dhalmer or Father James Geigin (and if i spelled those bastard's names wrong, stet)