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Wednesday 13 June 2012

Sen Charles Schumer's latest diatribe on Megrahi and Lockerbie

[Here is the full text of a press release issued yesterday by Senator Charles Schumer (Democrat, New York):]

AT SENATE HEARING, SCHUMER SECURES COMMITMENT FROM 
A-G HOLDER TO CONTINUE AGGRESSIVE INVESTIGATIONS OF LOCKERBIE BOMBING, DESPITE AL-MEGRAHI’S RECENT DEATH

Schumer asked A-G Holder to aggressively and proactively pursue leads Related to Al-Megrahi’s attacks in the 1988 Lockerbie bombing that killed 35 Syracuse University students

Holder agreed to continue investigation, saying, “We consider this an open matter”
US Senator Charles E Schumer today, during the Senate Oversight Hearing of the Department of Justice, secured a commitment from Attorney General Holder to continue aggressive investigative pursuits into the 1988 bombing of Pan Am Flight 103, which killed many New Yorkers, including 180 Americans and a contingent of students from Syracuse University. Schumer urged A-G Holder to commit to continuing its active investigative role, despite the death of Libya’s convicted terrorist, Al-Megrahi, last month. A-G Holder responded positively, stating that there is an open investigation into the Lockerbie bombing in the US Attorney’s office in Washington DC

“It is a grave injustice that Al-Megrahi, an evil terrorist that caused so much heartache and havoc died last month in freedom instead of behind bars where he belongs. I urged Attorney General Eric Holder to make sure that no further heartbreak comes to the victims’ families, and that the Department of Justice continues to aggressively investigate the tragic events of the Pan Am Flight 103 bombing. The Al-Megrahi debacle goes down as one of the most egregious miscarriages of justice of the 20th century, and the Department of Justice should not let up in its pursuit of at least some level of justice for Syracuse families and friends of those victims. I am extremely pleased that AG Holder committed to keeping the Lockerbie investigation open in the US Attorney’s office in Washington DC.”

Schumer continued, “The British and Scottish governments have not come clean about how this mass-murderer got his freedom, and the transaction still has the unholy stench of oil for blood. I am also urging A-G Holder to play an active role in pressing other nations, like Scotland, to proactively pursue leads as they relate to the Lockerbie bombing.  History shows the truth almost always comes out; in this case we hope it is sooner rather than later.”

In May 2012, the convicted Lockerbie bomber, Abdelbaset al-Megrahi, reportedly died after having been released from prison almost 3 years ago on the so-called compassionate claim that the terrorist only had 3 months to live. Megrahi was convicted in 2001 of the bombing of Pam Am flight 103 enroute from London’s Heathrow Airport to New York’s Kennedy International Airport, killing all 259 people on board and 11 on the ground in Lockerbie, Scotland. Many New Yorkers and New Jersey residents were on board, including 180 Americans and a contingent of students from Syracuse University.

Despite being sentenced to life in prison, Megrahi was released in August 2009 on compassionate grounds that claimed the terrorist had only 3 months to live after being diagnosed with prostate cancer. Serious questions emerged over whether Megrahi’s release was connected to an oil deal between BP and the Libyan government, under pressure from the British government. 

Schumer’s advocacy to return Megrahi to prison culminated with an extraordinary meeting the Senator led with British Prime Minister David Cameron in Washington, DC in July 2010.

Today, Schumer urged A-G Eric Holder to ensure that this convicted terrorist’s death not lead way to decreased attention and focus in the investigation of the Lockerbie bombing. He asked that the Department of Justice aggressively renew its investigation into the tragedy. A-G Holder responded as follows:

“This is a matter that certainly Megrahi was involved in. I think there is still a basis to believe that a more investigation is warranted, and we are pressing the Libyan government in that regard…

“We consider this an open matter. It’s open in the US Attorney’s office in Washington DC.”

Saturday 20 October 2012

US Attorney General fulminates over McKinnon and Megrahi

[The following are excerpts from a report in today’s edition of the The Daily Telegraph:]

America is preparing formally to complain to Britain over Home Secretary Theresa May’s decision to block the extradition of computer hacker Gary McKinnon (...)

A strongly-worded letter from US attorney general Eric Holder was due to be delivered to Mrs May’s office at the Home Office last night.

The row over Mr McKinnon has turned into the biggest cooling in trans-Atlantic relations since Lockerbie bomber was released three years ago.

Senior US officials are now understood to describe the relationship between the Obama administration and Mrs May as “finished”.

Mr Holder is understood to feel “completely screwed” by Mrs May’s decision not to extradite Mr McKinnon because of doctors’ fears that he might kill himself, complaining that the US has wasted million so pounds on legal fees for the case.

The Daily Telegraph understands that Mr Holder has refused to return Mrs May’s phone calls since her surprise announcement on Tuesday.

The depth of ill-feeling could jeopardise co-operation with the US over security because Mrs May leads for the UK in talks with Washington.

A senior administration official said: “This was a cheap political trick by Theresa May to further her political career.

“Mrs May told us in July that there were no legal or medical grounds to block his extradition, and then she changed her mind without having the decency to inform us.”

The official said the row had comparisons with row over the Scottish Government’s decision to release Lockerbie bomber Abdelbasset Al Megrahi in 2009.

The source said: “After all the controversy over the release of the Lockerbie bomber to Libya on humanitarian grounds, this decision on Gary McKinnon does not inspire confidence that the British government is serious about dealing with serious security issues.” (...)

American officials were surprised by the sudden change in stance because Mrs May told Mr Holder in a letter on July 12 there were no legal or medical grounds to block McKinnon’s extradition to the US.

According to former Labour home secretary Alan Johnson, Mrs May admitted to Mr Holder in July there were also “ramifications for national security” if the extradition was blocked.

A Home Office spokesman said: “We do not routinely comment on Ministerial correspondence.”

[Earlier instances of Attorney General Holder’s involvement in the Megrahi case can be found here.]

Tuesday 12 June 2012

Federal investigation of Lockerbie continues, says US Attorney General

[What follows is taken from a report published today on the Syracuse.com website:]

US Attorney General Eric Holder says the federal investigation into the bombing of Pan Am Flight 103 will continue despite the recent death of the Libyan agent convicted in the 1988 attack.

Holder, testifying today before a Senate committee, was asked by US Sen Charles Schumer if there was a renewed effort to hold accountable others who might have helped plan or execute the planting of a bomb on board the flight.

Holder said he met recently with the Libyan prime minister, who was visiting the United States, and pressed him for a full accounting of Libya's involvement.

"I think there is still a basis to believe that more investigation is warranted, and we are pressing the Libyan government in that regard," Holder said.

The bombing on Dec. 21, 1988 killed 270 people when a flight from London exploded over Lockerbie, Scotland. Among the dead were 35 Syracuse University students returning from a semester abroad and five others with ties to Central New York. (…)

Schumer, D-NY, told Holder that it's very likely al-Megrahi did not act alone, and that his accomplices have not been brought to justice. The senator said it's important for the families of the victims to continue the investigation.

"To know that other people are living freely, particularly when there is a different Libyan government now, is unfair" to the victims' families, Schumer said.

Tuesday 27 July 2010

US declines to allow release of note of MacAskill-Holder phone call

The Obama administration has no plans to release any further correspondence with Scotland relating to the release of the Libyan convicted in the Lockerbie bombing.

“Nothing more needs to be released,” State Department spokesman Philip Crowley told CNSNews on Monday, after the department made public the text of a letter sent to Scottish ministers eight days before Abdel Baset Ali Mohmed al-Megrahi was freed and flown home to Libya.

Earlier, the Scottish government said there were two documents relating to last year’s correspondence between Scottish and US officials on Megrahi, which the US government had withheld permission for Edinburgh to release. (...)

The second document cited by Scotland was described as “our note of the conversation” between Scottish Justice Minister Kenny MacAskill and Attorney General Eric Holder. The two apparently spoke by telephone on June 26, 2009.

Ahead of a Senate Foreign Relations Committee hearing on the matter scheduled for Thursday, CNSNews asked Crowley whether that final, still-unreleased document would now be made available.

Crowley said there were multiple phone conversations “over a number of months” with Scottish officials relating to Megrahi, involving Holder, Secretary of State Hillary Clinton and other administration officials.

He questioned how the US would be in a position to verify the authenticity of a Scottish description of a single conversation. “How can we agree on a Scottish account of a phone conversation between leaders?”

Crowley said that all phone conversations on the matter were consistent with the position laid out in the LeBaron letter – “that Megrahi should never leave Scotland.”

[The above are excerpts from a report just published on the CNS News website.]

Friday 17 June 2011

Lautenberg, Menendez call on Clinton & Holder to seek justice for Pan Am 103 bombing

[What follows is the text of a letter sent on 15 June by Senators Lautenberg and Menendez to US Secretary of State Hillary Clinton and Attorney General Eric Holder.]

Dear Secretary Clinton and Attorney General Holder:

As high-level Libyan officials continue to defect from the Qaddafi regime, we urge you to do everything in your power to obtain information regarding and hold the responsible parties accountable for the bombing of Pan Am 103 and other terrorist attacks perpetrated by Libyan officials.

Defecting Libyan officials like former Foreign Minister Moussa Koussa may hold valuable information regarding the Pan Am 103 bombing – or may be culpable themselves. The US case to prosecute this heinous crime remains open and our government must do everything possible to gather evidence and any information that could help bring all of those responsible, including Qaddafi, to justice.

As you know, the only person that has been convicted in the Pan Am bombing is now living freely in Libya. On August 20, 2009, the Scottish government released al-Megrahi, based on the assertion that he had less than three months to live. Almost 22 months later, the convicted terrorist is living in luxury in Libya. The families of the victims of Pan Am 103 waited over a decade to see justice with the conviction of Abdelbaset al-Megrahi, only to have that justice taken away. This is an entirely unacceptable situation and every effort must be made to return al-Megrahi to prison.

The current upheaval in the Libyan government provides a new opportunity to demand responsibility for this act of terrorism. While we recognize there are many critical foreign policy decisions to be made with regard to Libya at this extraordinary time, we ask that justice for the Lockerbie bombing victims and their families remain a top priority and not be overlooked.

Thank you for your attention to this matter.

Thursday 20 August 2009

The decision

The Cabinet Secretary for Justice has granted compassionate release. The separate prisoner transfer request by the Libyan Government has been refused because of the legitimate expectations held by the US Government and the US relatives, on the basis of undertakings allegedly given by the UK Government (but not admitted by that government) at the time of the initial agreement for the Zeist trial, that any sentence imposed on a person convicted would be served in Scotland.

Here is the full text of Mr MacAskill's statement:

STATEMENT BY KENNY MACASKILL, CABINET SECRETARY FOR JUSTICE

Mr Abdelbasit Ali Mohmed Al-Megrahi

Introduction

Good afternoon. I will make a statement and then take questions.

It is my privilege to serve as the Cabinet Secretary for Justice in the Government of Scotland. It is a post in which I take great pride, but one which carries with it great responsibility. Never, perhaps, more so than with these decisions that I now have to make.

On the evening of 21 December 1988 a heinous crime was perpetrated. It claimed the lives of 270 innocent civilians. Four days before Christmas, men, women and children going about their daily lives were cruelly murdered. They included 11 from one small Scottish town. That town was Lockerbie – a name that will forever be associated with the worst terrorist atrocity ever committed on UK soil.

A prisoner transfer application has been submitted by the Government of Libya seeking the transfer of Mr Abdelbasit Ali Mohmed Al-Megrahi. The man convicted of those offences in the Scottish courts. He has also now sought to be released on compassionate grounds due to his prostate cancer that is terminal.

This crime precedes both the election of our Government and even the restoration of a Parliament in Scotland. I now find myself having to make these decisions. However, the applications have been lawfully made, and I am obliged to address them. Final advice from my officials was given late on Friday 14 August 2009. I have now had an opportunity to reflect upon this.

Let me be absolutely clear. As Cabinet Secretary for Justice in Scotland it is my responsibility to decide upon these two applications. These are my decisions and my decisions alone.

In considering these applications I have strictly followed due process, including the procedures laid down in the Prisoner Transfer Agreement and in the Scottish Prison Service guidance on compassionate release. I have listened to many representations and received substantial submissions.

Let me be quite clear on matters on which I am certain. The Scottish police and prosecution service undertook a detailed and comprehensive investigation with the assistance of the US and other authorities. I pay tribute to them for the exceptional manner in which they operated in dealing with both the aftermath of the atrocity and the complexity of a world-wide investigation. They are to be commended for their tenacity and skill. When Mr Al-Megrahi was brought to justice, it was before a Scottish court sitting in the Netherlands. And I pay tribute to our Judges who presided and acted justly.

Mr Al-Megrahi was sentenced to life imprisonment for the murder of 270 people. He was given a life sentence and a punishment part of 27 years was fixed. When such an appalling crime is perpetrated it is appropriate that a severe sentence be imposed.

Mr Al-Megrahi has since withdrawn his appeal against both conviction and sentence. As I have said consistently throughout, that is a matter for him and the courts. That was his decision. My decisions are predicated on the fact that he was properly investigated, a lawful conviction passed and a life sentence imposed.

I realise that the abandonment of the appeal has caused concern to many. I have indicated that I am grateful to and proud of those who have served in whatever capacity in bringing this case to justice. I accept the conviction and sentence imposed. However, there remain concerns to some on the wider issues of the Lockerbie atrocity.

This is a global issue, and international in its nature. The questions to be asked and answered are beyond the jurisdiction of Scots law and the restricted remit of the Scottish Government. If a further inquiry were felt to be appropriate then it should be initiated by those with the required power and authority. The Scottish Government would be happy to fully co-operate in such an inquiry.

I now turn to the matters before me that I require to address. An application under the Prisoner Transfer Agreement and an application for compassionate release have been made. I now deal with them in turn.

Prisoner Transfer

Firstly, the prisoner transfer agreement.

The Libyan Government applied on 5 May 2009 for the transfer of Mr Al-Megrahi. Prisoner Transfer Agreements are negotiated by the United Kingdom Government.

Throughout the negotiations and at the time of the signing of the PTA with Libya, the Scottish Government’s opposition was made clear. It was pointed out that the Scottish Prison Service had only one Libyan prisoner in custody. Notwithstanding that, the UK Government failed to secure, as requested by the Scottish Government, an exclusion from the PTA for anyone involved in the Lockerbie Air Disaster. As a consequence Mr Al-Megrahi is eligible for consideration for transfer in terms of the agreement entered into by the Governments of the United Kingdom and Libya.

I received numerous letters and representations, and recognised that a decision on transfer would be of personal significance to those whose lives have been affected. Accordingly, I decided to meet with groups and individuals with a relevant interest.

I met with the families of victims: those from the United Kingdom who had relatives on board the flight, as well as those whose kinfolk were murdered in their homes in Lockerbie; a lady from Spain whose sister was a member of the cabin crew; and I held a video conference with families from the United States. I am grateful to each and every one of them for their fortitude on a matter which I know is still a source of great pain.

I also spoke to the United States Secretary of State Hillary Clinton and the United States Attorney General, Eric Holder. I met Minister Alobidi and his delegation from the Libyan Government to hear their reasons for applying for transfer, and to present to them the objections that had been raised to their application.

I have noted and considered all the points presented, and also relevant written representations I received.

Prior to ratification of the Prisoner Transfer Agreement, it was scrutinised by the Westminster Joint Committee on Human Rights, to which Jack Straw, UK Secretary of State for Justice, gave a commitment that in cases where applications were not submitted personally by the prisoner, the prisoner must be given the opportunity to make representations. Mr Al-Megrahi had the opportunity to make representations, and he chose to do so in person. Therefore I was duty bound to receive his representations. I accordingly met him.

It was clear that both the United States Government and the American families objected to a prisoner transfer. They did so on the basis of agreements they said had been made, prior to trial, regarding the place of imprisonment of anyone convicted.

The United States Attorney General, Eric Holder, was in fact deputy Attorney General to Janet Reno at the time of the pre-trial negotiations. He was adamant that assurances had been given to the United States Government that any person convicted would serve his sentence in Scotland. Many of the American families spoke of the comfort that they placed upon these assurances over the past ten years. That clear understanding was reiterated to me, by the US Secretary of State Hillary Clinton.

I sought the views of the United Kingdom Government. I offered them the right to make representations or provide information. They declined to do so. They simply informed me that they saw no legal barrier to transfer and that they gave no assurances to the US Government at the time. They have declined to offer a full explanation as to what was discussed during this time, or to provide any information to substantiate their view. I find that highly regrettable.

I therefore do not know what the exact nature of those discussions was, nor what may have been agreed between Governments. However, I am certain of the clear understanding of the American families and the American Government.

Therefore it appears to me that the American families and Government either had an expectation, or were led to believe, that there would be no prisoner transfer and the sentence would be served in Scotland.

It is for that reason that the Libyan Government’s application for prisoner transfer for Abdelbasit Ali Mohmed Al-Megrahi I accordingly reject.


Compassionate Release

I now turn to the issue of compassionate release.

Section three of the Prisoners and Criminal Proceedings (Scotland) Act 1993 gives the Scottish Ministers the power to release prisoners on licence on compassionate grounds.

The Act requires that Ministers are satisfied that there are compassionate grounds justifying the release of a person serving a sentence of imprisonment. Although the Act does not specify what the grounds for compassionate release are, guidance from the Scottish Prison Service, who assess applications, suggests that it may be considered where a prisoner is suffering from a terminal illness and death is likely to occur soon. There are no fixed time limits but life expectancy of less than three months may be considered an appropriate period. The guidance makes it clear that all prisoners, irrespective of sentence length, are eligible to be considered for compassionate release. That guidance dates from 2005.

On 24 July 2009 I received an application from Mr Al-Megrahi for compassionate release. He was diagnosed with terminal prostate cancer in September 2008. I have been regularly updated as to the progression of his illness. I have received numerous comprehensive medical reports including the opinions of consultants who have been treating him. It is quite clear to the medical experts that he has a terminal illness, and indeed that there has recently been a significant deterioration in his health.

In order to consider the application for compassionate release, I was provided with reports and recommendations by the Governor of Greenock Prison, the doctors and prison social work staff. Also, as laid out in statute, I have consulted the Parole Board. This is the normal process for consideration of an application for compassionate release and my decision is in accordance with all the advice given to me.

It is the opinion of his Scottish Prison Service doctors who have dealt with him prior to, during and following the diagnosis of prostate cancer, and having seen him during each of these stages, that his clinical condition has declined significantly. Assessment by a range of specialists has reached the firm consensus that his disease is, after several different trials of treatment, “hormone resistant” – that is resistant to any treatment options of known effectiveness. Consensus on prognosis therefore has moved to the lower end of expectations.

Mr Al-Megrahi was examined by Scottish Prison Service doctors on 3 August. A report dated 10 August from the Director of Health and Care for the Scottish Prison Service indicates that a 3 month prognosis is now a reasonable estimate. The advice they have provided is based not only on their own physical examination but draws on the opinion of other specialists and consultants who have been involved in his care and treatment. He may die sooner – he may live longer. I can only base my decision on the medical advice I have before me. That medical advice has been made available to the United States Government at their request and has been published on grounds of public interest.

It has been suggested that Mr Al-Megrahi could be released from prison to reside elsewhere in Scotland. Clear advice from senior police officers is that the security implications of such a move would be severe. I have therefore ruled that out as an option.

Conclusion

Having met the criteria, it therefore falls to me to decide whether Mr Al-Megrahi should be released on compassionate grounds. I am conscious that there are deeply held feelings, and that many will disagree whatever my decision. However a decision has to be made.

Scotland will forever remember the crime that has been perpetrated against our people and those from many other lands. The pain and suffering will remain forever. Some hurt can never heal. Some scars can never fade. Those who have been bereaved cannot be expected to forget, let alone forgive. Their pain runs deep and the wounds remain.

However, Mr Al-Megrahi now faces a sentence imposed by a higher power. It is one that no court, in any jurisdiction, in any land, could revoke or overrule. It is terminal, final and irrevocable. He is going to die.

In Scotland, we are a people who pride ourselves on our humanity. It is viewed as a defining characteristic of Scotland and the Scottish people. The perpetration of an atrocity and outrage cannot and should not be a basis for losing sight of who we are, the values we seek to uphold, and the faith and beliefs by which we seek to live.

Mr Al Megrahi did not show his victims any comfort or compassion. They were not allowed to return to the bosom of their families to see out their lives, let alone their dying days. No compassion was shown by him to them.

But, that alone is not a reason for us to deny compassion to him and his family in his final days.

Our justice system demands that judgment be imposed but compassion be available. Our beliefs dictate that justice be served, but mercy be shown. Compassion and mercy are about upholding the beliefs that we seek to live by, remaining true to our values as a people. No matter the severity of the provocation or the atrocity perpetrated.

For these reasons – and these reasons alone – it is my decision that Mr Abdelbasit Ali Mohmed Al-Megrahi, convicted in 2001 for the Lockerbie bombing, now terminally ill with prostate cancer, be released on compassionate grounds and allowed to return to Libya to die.

Friday 26 June 2009

Prisoner Transfer Agreement

Justice Secretary Kenny MacAskill today spoke with United States Attorney General Eric Holder as part of the ongoing consideration of the application for the prisoner transfer for Mr Abdelbaset Ali Mohmed Al Megrahi.

As part of the process of consideration of the application, Mr MacAskill has already made clear that he would meet groups and individuals who have submitted relevant representations to the Scottish Government and listen to their views.

In addition to today's discussions with Mr Holder, Mr MacAskill will also be listening to the views of representatives of family members of victims from the UK and US as well as the Libyan Government.

Mr MacAskill said:

"As part of my thorough consideration of the Prisoner Transfer Agreement submitted by the Libyan Government on behalf of Mr Al Megrahi, I want to ensure I have all the relevant information available to me before reaching decisions.

"Hearing these representations is a key part of that process.

"As I have said before, any decision will be made on judicial grounds alone. Economic and political considerations have no place in the process."

The Prisoner Transfer Agreement was signed on November 17 2008 and following scrutiny by the Joint Committee of Human Rights at Westminster, was ratified by the UK and Libyan Governments.

Scottish Ministers are now bound by this Agreement and required to consider transfer applications made under it.

The Scottish Government received an application from the Libyan Government in respect of Mr Al Megrahi on May 5, 2009.

The application is now being determined on its merits in line with the Agreement and relevant legislation by the Cabinet Secretary for Justice who will take all relevant considerations into account.

The Prisoner Transfer Agreement states that the decision should normally be given within 90 days of being received although it could be longer if further information is required in relation to the application or for any other reason.

[This is the text of a news release issued today by the Scottish Government. The Sun's report on the topic can be read here, and The Scotsman's here.]

Monday 26 July 2010

Lockerbie probe may prove uncomfortable for Obama administration

[This is the headline over a report published today on the CNS News website. The following are excerpts:]

The four Democratic US senators probing the early release of the Libyan convicted in the Lockerbie bombing believe there were links to a BP oil deal, but their inquiry may have the unintended consequence of raising questions about just how strongly the Obama administration opposed the Libyan’s release. (...)

Scottish government ministers, stung by accusations that they released Megrahi to ease a massive oil exploration contract in Libya, are pointing out that it is the US government that is blocking the release of two documents relating to the decision.

One of the documents is a demarche and letter to Scottish First Minister Salmond from deputy chief of mission at the US Embassy in London, Richard LeBaron, dated August 12, 2009, eight days before Megrahi was released.

Leaked to London’s Sunday Times this week, the letter reportedly argues that Megrahi should remain in custody – but goes on to say that if Scotland concludes he must be released, then doing so on compassionate grounds would be “far preferable” to his repatriation under a prisoner transfer agreement (PTA) which Britain negotiated with Libya in 2007. (...)

The second document which Scotland says the US is withholding permission to make public is a note of a telephone conversation between Scottish justice minister Kenny MacAskill and Attorney General Eric Holder, apparently on June 26, 2009. The contents of that note remain secret.

Edinburgh says the two documents – the LeBaron letter and the MacAskill-Holder note – were both “part of the package of advice” MacAskill had before him when he made the decision to send Megrahi home last August.

At the height of last August’s controversy, Scotland made public its correspondence relating to the matter. On August 26, it asked the US government for permission to include the two documents in those it was releasing – offering to do so in redacted form if necessary.

But in a written reply on Sept 1, LeBaron declined. (...)

CNSNews.com also asked the Senate Foreign Relations Committee whether it would request that the administration make the two documents available for its hearing into the matter, scheduled for Thursday. In response, spokesman Frederick Jones merely said the committee did not have the documents in its possession.

Edinburgh law professor Robert Black, an expert on the Lockerbie case, opined on his blog that if the LeBaron letter effectively accepted Megrahi’s release on compassionate grounds as preferable to transfer under the prisoner transfer agreement, “it is unlikely – in a mid-term election year – that the US government would consent to its release or that Democrat senators would seriously try to persuade it to do so.” (...)

Potential witnesses not known to have been called by the committee include:

-- Tony Blair, the former British prime minister whose 2007 visit to Libya included an agreement on a PTA and the signing of “the single largest exploration commitment in BP’s 100-year history.”

-- British Ambassador to the US Nigel Sheinwald, who as a foreign policy advisor to Blair accompanied him on two key visits to Libya.

-- Saif al-Islam Gaddafi, son of the Libyan leader, who played a key role in Tripoli’s political and trade negotiations with Britain. (He has traveled to the US before, and met with Secretary of State Condoleezza Rice at the State Department in late 2008.)

-- Graham Forbes, chairman of the independent Scottish Criminal Cases Review Commission, which after a four-year investigation concluded in 2007 that there “may have been a miscarriage of justice” and recommended that Megrahi be allowed to an appeal.

-- Prof Robert Black, the law expert who designed the unusual format under which the Lockerbie trial was held in the Netherlands under Scottish law. Black in 2005 called Megrahi’s conviction “the most disgraceful miscarriage of justice in Scotland for 100 years.”

-- Prof Hans Koechler, an Austrian academic nominated by the UN to observe the 84-day trial, who also believes justice was not done.

-- Robert Baer, a retired Middle East CIA operative, who has claimed that Iran was behind the bombing.

[The following are two paragraphs from a report on the CNN website:]

A pair of US senators and the families of Lockerbie bombing victims will hold a news conference Monday in Times Square ahead of this week's Senate Foreign Relations Committee hearing on the matter.

Sen Robert Menendez of New Jersey will chair Thursday's hearing on last year's release by Scotland of a Libyan man convicted in the 1988 bombing of Pam Am Flight 103 that killed 270 people. Kirsten Gillibrand of New York also is a member of the committee.

Wednesday 5 August 2009

Scotland considers freeing Lockerbie bomber on compassionate grounds

The Libyan jailed for the Lockerbie bombing could be released soon on compassionate grounds after Scottish ministers were told his prostate cancer is at a terminal stage.

The Scottish justice minister, Kenny Macaskill, has been given "compelling" new medical reports that show Abdelbaset Ali Mohmed al-Megrahi's prostate cancer has significantly worsened over the last few weeks and is in its final stages.

Macaskill took the unprecedented step of visiting Megrahi – who was jailed in 2001 for a minimum of 25 years for bombing Pam Am flight 103 in December 1988 – at Greenock prison earlier today after the Libyan government made two formal requests for his early release. (...)

It is thought that Megrahi pleaded to be allowed to die at home in Libya when he met Macaskill today. The minister would not comment after leaving the prison this morning and Megrahi's lawyer, Tony Kelly, who was present at the meeting, refused to discuss the case.

Sources have indicated that Megrahi's release on compassionate grounds is the first option being considered by Macaskill, with a decision expected before the end of this month.

Christine Grahame, the Scottish National party MSP for South of Scotland, who visited Megrahi in prison recently, said she believed the medical case for his compassionate release had become very powerful. "He's not responding well to chemotherapy," she said. "He's in the terminal stages and the prognosis is in terms of months or extended weeks; certainly not into next year. That man is desperate to be home."

Sending Megrahi to continue his sentence in a Libyan jail under the prisoner transfer agreement would require the former Libyan sanctions buster to drop his appeal – a move he is thought to be resisting. Backed by many relatives of the British victims and senior Scottish legal figures, Megrahi has insisted he is innocent of the bombing – a claim disputed by the US authorities, the CIA and American relatives of the dead.

If it continues, his appeal will hear new evidence that casts significant doubt on the reliability and accuracy of a Maltese shopkeeper who was the lead witness, the conduct of Scottish detectives and scientific evidence about the bombing.

The Scottish government is under intense diplomatic pressure from the US government to keep Megrahi in prison. The US state department and its attorney general, Eric Holder, have formally opposed the Libyan applications.

Macaskill said he recently had a "pretty difficult" video conference with US relatives who reject Megrahi's claim that he is innocent and believe he should die in prison.

Sources have indicated that Megrahi's rapidly worsening condition makes it more difficult to argue against his release on compassionate grounds, but it poses a different dilemma for Macaskill.

His compassionate release would allow him to continue his appeal and for the appeal to be heard after his death. If the appeal succeeds, the Scottish legal system and police would face intense criticism and embarrassing claims that Megrahi was deliberately framed for the bombing.

Grahame said: "It would be much more damaging for the Scottish judicial system if the appeal didn't continue but the material later came out in the public domain which showed there was a miscarriage of justice."

[From a report by Scotland correspondent Severin Carrell on the website of The Guardian.]

Wednesday 1 December 2010

US anger over Megrahi may have stopped McKinnon deal

[This is the headline over a report in today's edition of The Herald. It follows up on yesterday's story in The Guardian speculating that US anger over the repatriation of Abdelbaset Megrahi might have influenced the US Government to reject Gordon Brown's August 2009 proposal regarding hacker Gary McKinnon. The report reads in part:]

Politicians expressed fears last night that anger over the release of the man convicted of the Lockerbie bombing had influenced America’s refusal to agree a deal over Gary McKinnon.

Leaked US diplomatic cables revealed for the first time that Gordon Brown had suggested such an agreement in August last year, which would have avoided McKinnon’s extradition.

But around the same time separate secret cables reveal the depth of US anger over the Scottish Government’s decision to release Abdelbaset Ali Mohmed al Megrahi, also last August. (...) [RB: As far as I can see, no such "separate secret cables" feature among those so far published by WikiLeaks.]

Last night politicians expressed fears McKinnon, originally from Glasgow, had been treated as a “diplomatic pawn” between America and the UK.

David Burrowes, McKinnon’s MP, said he was concerned McKinnon was denied justice “for political reasons”.

He called on the Americans to review their decision, and added that when he heard Megrahi was to be released, “I thought it put paid to any hope that we had of America making a compassionate decision about Gary.” (...)

The cables show that, despite public claims by the UK Government that it could not intervene, the then prime minister suggested a deal during a meeting with the American ambassador to London. Under the proposal, McKinnon would plead guilty but serve any sentence in the UK.

The newly released cable, to US Secretary of State Hillary Clinton, says that request was passed on to the American attorney general, Eric Holder, and was written by the ambassador, Louis Susman.

Mr Susman told an influential Scottish audience earlier this year that Megrahi should never have been released. (...)

Last night Labour called for reassurances that the decision taken to release Megrahi, by Scottish Justice Secretary Kenny MacAskill, had no influence on the case.

Elaine Murray, the Labour MSP for Dumfries, said: “There is no doubt that Kenny MacAskill’s flawed decision to release the Lockerbie bomber damaged our international relationships, but it is important to establish that it did not have an impact on other specific cases.” (...)

A spokesman for the Scottish Government said that it had not known about Mr Brown’s intervention in the case. However, he added that Scottish ministers believed that no external factors should influence such decisions.

“It is our view that justice decisions should be taken on justice grounds alone and no other factor, as certainly happened in the case of Megrahi,” he said.

A spokeswoman for Gordon Brown last night refused to comment. Theresa May, the UK Home Secretary, is currently considering McKinnon’s case.

[There is a related opinion piece by Duncan Campbell on The Guardian website in which he refers to "the alleged Lockerbie bomber".

The following comment comes from columnist Heather Mallick in the Toronto Star:]

Speaking of thin-skinned nations that are intolerant of perceived criticism, the US refused to hear British pleas for the fate of Gary McKinnon, the young Brit with autism who hacked into Pentagon files in 2001 to search for proof of the existence of UFOs. The US is extraditing him, presumably to jail him for life. Why? Because the UK released the convicted Lockerbie bomber, Abdelbaset Ali al-Megrahi. In fact, the independent Scottish judiciary [sic] released him, possibly just to annoy Downing Street, and also because, embarrassingly, he appeared to be a tiny bit “not guilty.”

Monday 26 December 2011

Megrahi, other Lockerbie bombers must face justice

[This is the headline over an article in today's edition of the New York Daily News.  It reads as follows:]

Justice, so very long delayed, may finally be coming to the families of those murdered on Pan Am Flight 103.

It has been 23 years since the Pan Am plane bound for JFK from London was blasted out of the sky over Lockerbie, Scotland, killing 270 people — most of them Americans, many of them New Yorkers.

It has been 23 years of excruciating failure to bring those responsible to justice. In 2009, victims’ loved ones watched powerlessly as the only man convicted for his role in the crime, Abdelbaset al-Megrahi, was released from a Scottish prison — and given a hero’s welcome in Libya.

The Libyans and the Scottish courts then insisted Megrahi had late-stage prostate cancer and was sure to die within a matter of weeks, but he has yet to do the world the honor of keeling over.

And the notion that this was a one-man crime has always offended common sense.

Now, fingers crossed, comes the possibility of some clarity.

Last week, FBI Director Robert Mueller and US Attorney General Eric Holder met with Scotland’s Lord Advocate, Frank Mulholland, to start a new investigation into who, exactly, brought down the jetliner.
Part of the reason a new probe could bear fruit is that the fall of Moammar Khadafy’s regime has suddenly made former Libyan government functionaries more willing to speak honestly about his policy of state-sponsored terrorism — perhaps for no other reason than to settle old scores.

That’s all well and good, as long as they tell the truth about Lockerbie.

Among the potential witnesses are former Justice Minister Mustafa Abdul-Jalil and former Foreign Minister Moussa Koussa, who may finally be eager to talk about what role their government played in the attack — and who else was involved.

One obvious candidate is Lamin Khalifa Fhimah, who stood trial with Megrahi but was acquitted. Also suspected are Khafady’s brother-in-law Abdullah Senussi, who then led Libya’s intelligence services, and Ibrahim Nayili, former head of airline security.

As for Megrahi, every breath he continues to draw reminds those who suffer of how much damage was done and how few perpetrators have paid the price.

In a talk with the BBC published right after the Dec. 21 anniversary of the attack — one advertised by the convicted murderer as his “last interview” — Megrahi brazenly said, “I am an innocent man. I am about to die and I ask now to be left in peace with my family.”

To be with family — that is exactly what Megrahi and his accomplices denied their victims at Lockerbie. They must pay for it once and for all.

[ “If you tell a lie big enough and keep repeating it, people will eventually come to believe it.  The truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”

 “The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly - it must confine itself to a few points and repeat them over and over.”

 “Think of the press as a great keyboard on which the government can play.”

The above are three quotations from, or attributed to, Joseph Goebbels.]

Tuesday 14 July 2009

MacAskill to meet Lockerbie bomber

[This is the headline over a report published today on the website of the Aberdeen-based newspaper The Press and Journal. It reads in part:]

Justice Secretary Kenny MacAskill is to meet Lockerbie bomber Abdelbaset Ali Mohmed al Megrahi.

Libyan authorities have applied for 57-year-old al Megrahi, who has prostate cancer, to be moved to Libya under a prisoner-transfer treaty between Libya and the UK. Ministers received “formal notification” last Friday that al Megrahi wants to meet Mr MacAskill, a Scottish Government spokesman confirmed yesterday.

The spokesman added: “As part of the process the justice secretary has met UK relatives, he has linked up by video conference to Eric Holder, the US attorney general and the US relatives.

“He has also received a delegation from the Libyan government and will now meet Mr al Megrahi.”

No decision on the prisoner transfer can be made by Mr McAskill while al Megrahi pursues a second appeal against his conviction for the 1988 bombing.

The government is also to seek medical advice as to whether al Megrahi is fit to leave Greenock Prison where he is being held. His lawyer, Tony Kelly, said yesterday: “My client would welcome a meeting so that he can have the opportunity to put his case to Mr MacAskill.”

Although the meeting might not need to be staged in the prison, the lawyer said his client is “ill and in some considerable discomfort”.

Mr Kelly also declined to comment on weekend reports that al Megrahi has handed over a signed document to the Libyan Government agreeing to drop the appeal against his conviction if Mr MacAskill allows him home to Libya. (...)

Lib Dem justice spokesman Robert Brown said the move was unprecedented.

He said: “Nothing like this seems to have happened in the case of the Great Train Robber or the Moors Murders, for example. I fail to see what possible purpose this visit will serve.”

Sunday 3 July 2011

US tells Libya rebels: Capture the Lockerbie bomber for us

[This is the headline over a report published today on the Mail Online website. It reads in part:]

A dramatic mission to capture the freed Lockerbie bomber from Libya and return him to face justice in the United States was revealed last night.

Under a secret deal between Barack Obama and Libyan rebel leaders, Abdelbaset Al Megrahi would be detained by opposition troops and then handed over to US Special Forces.

Senior Congressional sources in Washington have disclosed to The Mail on Sunday that President Obama has told the Libyan rebels through intermediaries that a condition of continued support from the US is that they must hand over Megrahi if they enter Tripoli.

The mission would involve Megrahi being flown to a neutral Arab country by US Special Forces once he is handed over by the rebels, and then on to America to face trial. [RB: Megrahi has already faced trial and been convicted -- wrongly, in my view -- in a process supported by the United States. He could not be tried again in the USA unless Federal Law were changed to allow it.] British SAS soldiers are unlikely to be directly involved in the operation.

The plan to capture the bomber came after US Senators Frank Lautenberg and Robert Menendez met Secretary of State Hillary Clinton and Attorney General Eric Holder last week to demand the US ‘continue working to return Abdelbaset Al Megrahi to prison’.

Mr Menendez has amended a Congressional Bill authorising the continued use of force in Libya to include a paragraph ordering ‘the continuation of Federal investigations into the 1988 bombing of Pan Am flight 103’.

Congressional sources disclosed that the US will ‘grab’ Megrahi as soon as they can.

Thursday 27 August 2009

Tales of torture prove US has no right to moral leadership

[This is the headline over an article by Ian Bell in today's edition of The Herald. The following are the first four and the last two paragraphs.]

Since this seems to be the week for offending American opinion, let's cram Stalin and the CIA into the same sentence. It's not too much of a stretch. History relates, in gory detail, that the NKVD and sundry other forerunners of the KGB routinely achieved their ends by threatening the families of prisoners. It concentrated minds wonderfully.

The important difference is, of course, that Stalin's psychopaths as often as not carried out their promises to murder children and rape women. They did not serve freedom's cause, either. Still, the point is that there is nothing new in the dark, repulsive world of torture. And its practitioners always claim a higher purpose.

How should we respond, then, to the long-suppressed internal CIA report into the activities of certain of its agents in the aftermath of the September 11 attacks? Cancel a few holidays? Boycott bourbon? Remind ourselves that there is mounting evidence that Britain, too, has been in receipt of intelligence extracted illegally?

Eric Holder, the US attorney- general, has elected to publish the report and has appointed John Durham, an experienced federal prosecutor, to investigate a dozen or so cases. That's progress, of sorts. It will dismay the White House, inflame the Republican right and partly satisfy the American Civil Liberties Union. Whether it will redeem America's sense of rectitude is another matter. (...)

A country that believes it can treat alleged terrorists in any way it sees fit, and then fails to deal with the truth of its actions, is a poor candidate in the moral leadership stakes. Its President's own claims to leadership, especially when he chooses to lecture others, then lose all credibility.

So remind me: what was it that was so especially heinous about the recent actions of Scotland's government?

Thursday 28 July 2011

Lautenberg statement on Megrahi's appearance at pro-Qaddafi rally

[What follows is the text of a press release issued yesterday by Senator Frank Lautenberg:]

US Senator Frank R Lautenberg (D-NJ) released the following statement today after video footage showed Lockerbie bomber Abdelbaset al-Megrahi attending a pro-Qaddafi rally in Libya. Megrahi is the only person convicted of the Pan Am 103 bombing and was released from prison on August 20, 2009, under the presumption he had only three months to live.

“The families of the victims of Pan Am Flight 103 have suffered so much already, and the images of Megrahi at a pro-Qaddafi rally in Libya only add salt to their wounds,” said Lautenberg. “Parading one terrorist out to support another is an affront to justice and further affirmation that Megrahi was released from prison on false pretenses. We will continue to fight for justice on behalf of the Pan Am 103 families.”

Last month, Lautenberg and Senator Robert Menendez (D-NJ) called on Secretary of State Hillary Clinton and Attorney General Eric Holder to continue working to bring to justice those responsible for the Pan Am 103 bombing, which killed 189 Americans, as well as to return convicted terrorist Abdelbaset al-Megrahi to prison. A copy of their letter can be found here.

Saturday 29 August 2009

Britain accused of breaking promise to US over Abdel Baset Ali al-Megrahi

[This is the headline over an article in The Times. It reads in part:]

Britain was accused last night of reneging on a promise to the United States that the Lockerbie bomber would serve his sentence in Scotland.

According to confidential correspondence obtained by The Times, ministers urged the Scottish government to consider returning Abdul Baset Ali al-Megrahi to Libya under a prisoner transfer deal in an apparent breach of a decade-old pledge.

A former Cabinet minister and two sources close to talks over the handover of suspects in 1999 told The Times that Robin Cook, then Foreign Secretary, promised Madeleine Albright, US Secretary of State at the time, that anyone found guilty would serve their sentence in Scotland, where the airliner exploded with the loss of 270 lives.

A senior US official said: “There was a clear understanding at the time of the trial that al-Megrahi would serve his sentence in Scotland. In the 1990s the UK had the same view. It is up to them to explain what changed.” (...)

Lord Falconer of Thoroton, the Lord Chancellor, made reference to the deal — to which Libya also agreed — in a letter to Alex Salmond, Scotland’s First Minister, in June 2007. “Libya agreed prior to al-Megrahi’s trial that anyone convicted of the Lockerbie bombing would serve their sentence in Scotland,” he wrote. Britain had reminded Libya of this through diplomatic channels, he said.

The position was reversed two years later when the Libyans applied for al-Megrahi’s transfer. Ivan Lewis, the Foreign Office minister, told the Scottish government that Britain had never provided a “definitive commitment” to the US because it had not wanted to “tie the hands of future governments”. (...)

Kenny MacAskill, Scotland’s Justice Minister, said last week that Hillary Clinton, the US Secretary of State, and Eric Holder, the Attorney-General, had told him Britain had given firm assurances that the sentence would be served in Scotland. By contrast, British ministers said they “gave no assurances to the US Government at the time”.

[Another article in The Times by Tom Baldwin headed "When truth about Britain's dealings with Libya turns out to be a mirage" gives further details and is well worth reading.

There can be absolutely no doubt that an undertaking was given that anyone convicted in the Lockerbie case would serve his sentence in Britain. In paragraph 4 of their joint letter of 24 August 1998 to the Secretary General of the United Nations (page 132 in this version), the Acting Permanent Representatives of the United Kingdom and the United States said: "If found guilty, the two accused will serve their sentence in the United Kingdom." This letter is referred to in, and formed the basis of, UN Security Council Resolution 1192 (1998) which provided the international warrant for the Lockerbie trial at Camp Zeist.]

Thursday 30 September 2010

The Al-Megrahi release: one year later

[This is the heading over the official record of yesterday's hearing by the US Senate Foreign Relations Committee. It contains a video of the proceedings and transcripts of the evidence and can be accessed here. I am indebted to blog commentator Bunntamas for supplying this link.

Of the media coverage of the hearing, perhaps the best is in The Wall Street Journal. Its report is headlined "US says Scotland ignored request to examine Lockerbie bomber" and reads in part:]

Scotland disregarded a US request last year for "an independent and comprehensive medical exam" to determine whether the Lockerbie bomber was close enough to death to qualify for compassionate release from jail under Scottish guidelines, a Department of Justice official said Wednesday.

The statement, made by Deputy Assistant Attorney General Bruce Swartz, came in a long-awaited US Senate hearing on the release of Abdel Baset Al-Megrahi (...)

"The release on compassionate grounds was deeply, deeply flawed and perhaps even intentionally skewed to allow for al-Megrahi's release," Sen Robert Menendez (D, NJ), who chaired the committee, said in his opening remarks.

During the hearing, Mr Swartz said Attorney General Eric Holder told Scottish Justice Minister Kenny MacAskill that the US disagreed vehemently with any decision to release Mr Megrahi from jail.

The US also told the Scottish government that, in the event Scotland decided to go against US wishes and release Mr Megrahi anyway, it should do so only under two conditions: One, that Mr Megrahi should first undergo an "independent and comprehensive medical exam establishing that he had three months to live," and two, that Mr Megrahi be kept under observation in Scotland instead of being sent home to Libya, Mr Swartz said.

"As you know, sadly, neither condition was met," Mr Swartz said. (...)

During the hearing, prostate-cancer experts James Mohler and Oliver Sartor testified that the three-month prognosis that secured Mr Megrahi's release made no sense, given that the convicted bomber was considering starting chemotherapy for the first time around the time of his release.

"There is no conceivable way that a cancer specialist or anyone familiar with the treatment of prostate cancer could have given Mr Megrahi a three-month survival prognosis," Dr Mohler said.

Ms McEldowney and Sen Menendez reiterated calls for Scotland to release the full medical documents that led to the prognosis. "The only medical report relevant to the Cabinet Secretary's decision was the report of Dr Andrew Fraser, which has already been published by the Scottish Government," a Scottish government spokeswoman said Wednesday.

[The report in The Times is headlined "Fury at Senate aide’s claim on al-Megrahi treatment" and contains the following:]

Alex Salmond’s government reacted with fury last night after claims were made to a US Senate committee investigating the release of the Lockerbie bomber that Abdul Baset Ali al-Megrahi had received chemotherapy treatment before leaving Scotland.

The suggestion was made by an aide to Senator Robert Menendez, who is heading the Capitol Hill hearing, after a visit by the unnamed member of staff to Scotland earlier this month. The Scottish government said last night that it had written to the Senate hearing demanding that “the misinformation” be corrected.

The aide, in a report to the Senate Foreign Affairs Committee, said that he had met George Burgess, Scotland’s deputy director for Criminal Law and Licensing, at the time of al-Megrahi’s release. According to the aide, Mr Burgess said the bomber began chemotherapy before leaving Scotland.

The aide also claimed that the prognosis that al-Megrahi, who has prostate cancer, had only three months to live was made by a prison doctor and not, as the Scottish government has said, by Dr Andrew Fraser, the medical director of the Scottish Prison Service. (...)

The aide’s version of events would appear to conflict with the published minute of the prison meeting between al-Megrahi and Kenny MacAskill, the Scottish Justice Secretary, two weeks before the Libyan’s release. This quoted al-Megrahi as telling Mr MacAskill that he was due to start chemotherapy. (...)

A Scottish government spokesman said: “The Senator’s staffer has got both these issues entirely wrong, and the Senate Committee is misinformed. We wrote to the committee yesterday informing them of these errors when we became aware of them, and expressing our extreme disappointment.”

[The Telegraph website's report headlined "Cancer experts brand Lockerbie bomber release 'ridiculous'" can be read here; Newsnet Scotland's report headed "Labour urge US Senators to 'join with us' as both question Megrahi medical evidence" can be read here; that on the website of The Financial Times can be read here; and that on Express website can be read here.]

Tuesday 11 August 2009

Libyans in talks with MacAskill about fate of Megrahi

Libyan Government officials visited St Andrew's House yesterday for final discussions with Justice Secretary Kenny MacAskill ahead of his final decision on the fate of the man convicted of the Lockerbie bombing.

The six-strong delegation from Tripoli then travelled to Greenock Prison to see Abdelbaset Ali Mohmed al Megrahi, who is serving a 27-year sentence for the bombing of Pan Am flight 103 in December 1988, which left 270 people dead.

The prisoner is appealing his conviction but has now been diagnosed with terminal cancer. In May the Libyan Government applied for the prisoner transfer of Megrahi under a controversial agreement signed with Westminster. Last week Mr MacAskill met Megrahi in prison.

However, for that transfer to go ahead Megrahi would have to first drop his appeal, unless Mr MacAskill decided to release him on compassionate grounds, which could permit the appeal to continue while Megrahi returned to die in his homeland.

A Scottish Government spokeswoman said: "We can confirm that a delegation from the Libyan Government met the Justice Secretary today as part of the continuing process started in June to hear representations from relevant parties in relation to Mr Al Megrahi's applications for release. This was a follow- up meeting to help clarify a number of issues and the Justice Secretary will now finalise his considerations over the next few weeks."

Yesterday's was the third meeting between Libyan representatives and the Justice Secretary, who has also met US Attorney General Eric Holder, as well as representatives of the US and UK dead from the flight and those from Lockerbie itself.

Megrahi wants to clear his name through the appeal, which began in April, but he is suffering from terminal prostate cancer and it is not known if he will survive the lengthy legal process.

Despite the Scottish Criminal Cases Review Commission referring the case for a fresh appeal two years ago, the process is barely under way.

[This is the text of an article in today's edition of The Herald by the paper's Scottish Political Correspondent, Robbie Dinwoodie. A report on the visit is also to be found in The Sun.]

Sunday 6 March 2011

Barack Obama orders Lockerbie bomber al-Megrahi be seized

[This is the headline over an article in today's edition of the Sunday Mirror. It reads as follows:]

Barack Obama will ­demand the Lockerbie bomber as the price of supporting a new government in Libya.

The US President says the ­deportation of freed Abdul Baset Ali al-Megrahi is a condition of him backing the rebels if they win power.

Mr Obama wants ­Megrahi to be tried in the States for putting a bomb on the New York-bound jet that blew up over Lockerbie, ­Scotland, in 1988, a crime for which he was convicted by a Scottish court.

Cancer-stricken Megrahi has disappeared in Libya where he has been living after being released from jail because he supposedly had only months to live.

Intelligence sources fear he has been taken into ruler Colonel Muhamar Gaddafi’s own compound - and that Libyan leader would rather kill him than let his Lockerbie secrets be revealed.

Megrahi is believed to know the full story of the bombing in which 270 died and can name everyone involved - including Gaddafi.

The Sunday Mirror understands that top US officials have held talks with rebel leaders and demanded Megrahi be handed over.

US Secretary of State Hillary Clinton held a conference on Wednesday with FBI Director Robert Mueller and Attorney-General Eric Holder about how bring Megrahi and Gaddafi to justice.

A Washington source said: “This is seen as a real chance to get hold of the bomber who killed 189 American citizens.

“He may have spent a few years in a Scottish prison but in the eyes of the American people he has never faced justice.

"The US Justice Department said the indictment of Megrahi and another suspect remained pending and the investigation into the bombing of Pan Am Flight 103 remains open.”

Democratic Senator Robert Menendez said the deportation of al-Megrahi should be a condition of the US recognising a new Libyan government.

[The United States Government, along with that of the United Kingdom, proposed the UN Security Council resolutions that set up the Lockerbie trial at Camp Zeist. Both governments thereby undertook internationally binding obligations to comply with the legal processes thus set in motion. The United States cannot lawfully renounce those obligations either unilaterally or in conjunction with whatever new government it chooses to recognise in Libya. To have Abdelbaset Megrahi lawfully handed over to the US would require a further UN Security Council resolution. The United States, as a permanent member of the Security Council could, of course, propose such a resolution. But would the other members support it? The US could also, naturally, simply ignore international legality (as it did, with the UK's supine support, in launching the invasion of Iraq) and seize Megrahi by force (with or without the connivance of a new Libyan regime).

The IntelliBriefs website yesterday published an interesting article entitled Libya, Kaddafi and Lockerbie. It incorporates articles from Tam Dalyell, Robert Fisk and others.

An article by Susan Lindauer on Lockerbie and Libya can be read here on The People's Voice website.]

Wednesday 2 March 2011

Clinton: We'll investigate Gadhafi over Pan Am 103

[This is the headline over a report published today on the MSNBC website. It reads in part:]

Secretary of State Hillary Rodham Clinton said Tuesday that the Obama administration may seek the prosecution of Libyan leader Moammar Gadhafi for the 1988 Lockerbie bombing.

Responding to a question by Congresswoman Ann Marie Buerkle, R-NY, about what the US is doing to build a case against Gadhafi, Clinton said that former Gadhafi officials have made statements in the past few days that he was behind the terrorist attack and that the U.S. would "move expeditiously." (...)

Clinton said that she would be in touch with FBI Director Robert Mueller and Attorney General Eric Holder on Tuesday about how to move on this case. (...)

If there is evidence that he was behind the attack, Clinton said, that would be one of the many counts against Gadhafi in the international criminal court "if he is ever captured alive for justice proceedings."

Clinton said it was a matter of personal importance for her given that she used to represent the Syracuse area. Thirty-five students from Syracuse University were aboard the flight, coming home from overseas study.

Over the weekend, the former Libyan justice minister was quoted as saying the man convicted of the bombing had blackmailed Gadhafi into securing his release by threatening to expose his role in the attack.

The Sunday Times newspaper quoted Mustafa Abdel-Jalil as saying that Abdel Baset al-Megrahi had warned Gadhafi that he would "reveal everything" about the bombing if he wasn't rescued from a Scottish prison.

Abdel-Jalil told a Swedish tabloid last week that he had proof Gadhafi had personally ordered the Lockerbie bombing. He did not describe the proof.

Al-Megrahi was the only man convicted for the attack, which killed 270 people. He was released in 2009 on compassionate grounds after being diagnosed with prostate cancer. He remains alive.

[Any genuine investigation into the role (if any) played by Gaddafi in the Lockerbie bombing would be most welcome, as Dr Jim Swire says in this report on the Channel 4 News website. A genuine investigation would inevitably discover that the version of events accepted by the Scottish Court at Camp Zeist was fallacious. This, of course, is precisely the reason why no such investigation can realistically be anticipated.]