Monday 16 August 2010

US Senator seeks Lockerbie 'whistleblowers'

[It appears that the stories circulating on Sunday were accurate. Senator Menendez is calling upon Scottish civil servants and professionals to break their employment contracts and, in some cases, the law of the land by supplying information to him. A report by the news agency Agence France Presse reads in part:]

A US senator investigating the Lockerbie bomber's release called Monday for "whistleblowers" with behind-the-scenes knowledge of the controversy to share their secrets with his probe.

"All correspondence will remain confidential and identities will not be disclosed unless permission is granted," Democratic Senator Robert Menendez promised potential sources nearly one year after the bomber was freed.

The lawmaker's office said it was "interested in hearing from whistleblowers" with information on a wide range of issues tied to the release of Abdelbaset Ali Mohmet al-Megrahi in August 2009 on compassionate grounds.

Menendez sought details of: Talks between oil giant BP and Libya from 2003 onward; discussions between Britain's government and BP regarding oil and gas exploration in Libya from 2003 onward; negotiations between Britain and Libya from 2003 onward; and Megrahi's health before and after his release.

Menendez also sought information about the British, Libyan, and Scottish governments' "perspective" on Megrahi's release; the Scottish medical community's view of Megrahi's diagnosis; and the bomber's legal representation throughout the process. (...)

Menendez planned to chair a Senate Foreign Relations Committee hearing on the matter "in the coming weeks" after an earlier session was canceled due to lack of cooperation from the governments involved as well as BP.

[The whistleblowing story now also appears on the US Congress website The Hill.

The United Kingdom Government should immediately, and in the strongest possible terms, require the US State Department, in the person of Secretary of State Hillary Clinton, to disown and deplore this attempt by a US legislator to induce breaches of the law of a friendly foreign country. And the Scottish Government (which has no foreign relations powers but which has recently been in correspondence with Senator John Kerry, the Chairman of the Senate Foreign Relations Committee) should immediately write to Senator Kerry demanding that he issue a statement dissociating the Committee from Senator Menendez's outrageous attempt to suborn Scottish public servants.]

19 comments:

  1. Couldn't agree more with the summing up at the end as to what the Scottish/UK response should be. Although I'd bypass Clinton and go straight for Obama. But oh how I would love a final paragraph on the end of the communication advising them that both governments are now about to set up talks designed to agree a way forward, with assistance from the UN, in setting up a full independent investigation into the original trial and conviction.

    ReplyDelete
  2. What I see is a "call for whistleblowers with behind-the-scenes-knowledge." It does not explicitly refer to British citizens. For example, some American employees of BP could come forth with relevant information. In the US whistleblowers have some legal protection. So I don't necessarily see the senator's call as a call to break any law anywhere.

    Having said the above, I guess the senator is just laying the ground for subsequently making media allegations based on un-named sources, as a means of exerting pressure.

    ReplyDelete
  3. Menendez etc may have been actioned to divert attention away from the desperate need for an independent inquiry. Maybe he's genuine. I don't know. Anyhow I don't feel any outrage at all in his call for whistleblowers, in fact I think it's a good idea. Law doesn't apply to government sensitive cases in the UK - judges, barristers, solicitors state agencies all act for the best political outcome not justice for the defendant. The manipulation in Megrahi's case is far from unique. So what recourse does an innocent person caught in one of these cases have?
    However, I do critise Menendez for surely it's best to put your own house in order first. Why doesn't he beg for whistleblowers in his own country to find out why the US had such influence over the prosecution in Megrahi's trial in a foreign jurisdiction. Also he might ask what his country's real role was in the release of Megrahi. All is not exactly what it seems.

    ReplyDelete
  4. Wow!
    If you look up some definitions of spying - you get an explanation that includes what Menendez is proposing.
    Can we indict HIM now for spying?

    ReplyDelete
  5. Maybe we should be thinking of indicting the three trial judges for perverting the course of justice.

    ReplyDelete
  6. Ruth I can assure you the law DOES apply when the US encourages citizens of the UK to hand over confidential information in this manner. That includes international law incidentally.

    ReplyDelete
  7. I'm not being flippant - if the UK government issued a request 'aimed' at US government workers to whistleblow, we would be hearing US government officials shouting, espionage - and quite rightly so.
    This request is NOT for financial workers down on Wall Street (like his sponsored Bill) - he cannot offer immunity from prosecution - because the people he has in mind work for either the UK or Scottish Governments, so they could face discipline in this country.

    ReplyDelete
  8. Bloggy I'll just go and type something up and send it to him! : )

    ReplyDelete
  9. "....because the people he has in mind work for either the UK or Scottish Governments, so they could face discipline in this country."

    Or they could go to jail.

    Then again if they were US citizens caught handing over intelligence of any kind to another country I'm sure worse would happen to them. Forty year sentence maybe. Or even the chair for treason.

    ReplyDelete
  10. Jo G,
    If you want justice for the victims' families and Megrahi, concentrate on the real issue - a trial in your country (presuimg you're British) which was a gross violation of justice rather than running after a a red herring.

    ReplyDelete
  11. Jo G,
    You seem in such a rush after the red herring you misunderstood what I said, which was as follows:

    Law doesn't apply to government sensitive cases in the UK - judges, barristers, solicitors state agencies all act for the best political outcome not justice for the defendant. The manipulation in Megrahi's case is far from unique.

    In other words when the state commits a crime it uses the services of judges etc to cover it up and convict others for the crime.

    ReplyDelete
  12. Ruth, I am perfectly aware of the issues surrounding the trial. If you read my posts elsewhere that is quite clear. I also have screeds of private correspondence I am currently engaged in with politicians of various Parties about that very matter.

    And incidentally the trial was held under Scottish, not British, law. It wasn't a British Trial. There is no such thing as a British Law.

    And I assure you I am concentrating.

    The behaviour of the US right now is no "red herring". It is essentially an international incident actually and it is very serious indeed. Right now the United States of America is doing what it is universally hated for. It is bullying its way around the affairs of another sovereign country and that Ruth is illegal under international law. Furthermore, if anyone did that to the US they would probably get nuked!

    ReplyDelete
  13. "In other words when the state commits a crime it uses the services of judges etc to cover it up and convict others for the crime."

    As I recall Ruth it was the US who provided the witnesses and paid them handsomely for their services.

    ReplyDelete
  14. [Jo G: I'm so very glad you don't have the codes for our independent nuclear deterent :)]
    It's now evening (EST) and this story is only on one news site on the East Coast according to my news collator site, and that's out of Washington. I wonder why it's not being picked up?

    ReplyDelete
  15. Bloggy, I'm glad too, it would be terrible if I pressed a button and then changed my mind. : )

    That's interesting tho that this isn't being covered in the US. Very odd indeed.

    ReplyDelete
  16. ""In other words when the state commits a crime it uses the services of judges etc to cover it up and convict others for the crime."

    As I recall Ruth it was the US who provided the witnesses and paid them handsomely for their services."

    And I've now realised that actually, they provided the suspects too!

    ReplyDelete
  17. He's probably targeting specific quislings who previously cliped or shopped MacAskill...
    "SNP MSP Christine Grahame has said she received an email from a whistleblower in MacAskill’s department saying Libya was told “in no uncertain terms that he [Megrahi] must drop his appeal or there would be no compassionate release”. Tom Gordon Herald Scotland 25th July 2010

    ReplyDelete
  18. Wow, Bloggy, I don't remember seeing that!

    We've discussed the appeal before here as you know. I know I certainly was absolutely in agreement with Rolfe at the time that something about that stank to the high heavens.

    The puzzling thing for me was as far as I was aware one of the reasons the SNP opposed the PTA route was the need for that appeal to be dropped. At one time they were very much in favour of the appeal being retained and only through compassionate release would that have been possible. Then the next thing it was gone and MacAskill was confirming how right and just the verdict was and paying tribute to the judges, the police and other international investigators for bringing the matter to trial!

    His speech does however include qualifications: he admits there are unresolved issues which the Scottish Government needed Westminster to take the lead in sorting out.

    ReplyDelete
  19. Oops, found that report re the Christine Grahame thing Bloggy. I had seen it.

    ReplyDelete