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Showing posts sorted by relevance for query eric holder. Sort by date Show all posts

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.]

Wednesday 12 July 2017

Justice Secretary to meet Megrahi over repatriation

[What follows is the text of a report published on The Scotsman website on this date in 2009:]

Justice secretary Kenny MacAskill is to meet the Lockerbie bomber to discuss his possible transfer home to Libya to serve out the rest of his prison sentence.

The Scottish Government confirmed yesterday that it had received a request from Abdelbaset Ali Mohmed al-Megrahi to meet Mr MacAskill to put his case. A meeting is likely to take place "soon", probably in Greenock prison, where Megrahi, who has been diagnosed with terminal prostate cancer, is being held.

Megrahi was convicted in 2001 for the 1988 bombing of Pan-Am Flight 103 over Lockerbie, in which 270 people died.

A spokesman for Mr MacAskill said: "The justice secretary feels it is right to hear from all the people who would be affected by the decision to ensure he has the best possible information on which to base any decision."

The transfer application, which was submitted in May, normally takes around 90 days to complete. A decision from Mr MacAskill, who has vowed to ignore political and economic considerations, is expected by mid-August.

It is separate to a second appeal against his conviction from Megrahi being considered by the Scottish courts. A decision on this has been delayed until the autumn due to the illness of one of the judges.

In determining whether to allow the transfer, Mr MacAskill has also sought the views of the British and American families of victims of the attack, as well as that of US attorney-general Eric Holder.

Mr MacAskill said last month: "The Lockerbie air disaster remains the most serious terrorist atrocity committed in the United Kingdom. I am aware of the pain and grief still being experienced by many people whose lives were affected by it both here in Scotland and across the world."

Megrahi's case was raised by Libyan leader Colonel Muammar al-Gaddafi, when he met Gordon Brown at last week's G8 summit in Italy, but the Prime Minister told him it was a matter for the Scottish Government.

[RB: Commentary on the MacAskill visit to Megrahi can be found here.]

Saturday 22 December 2012

Commemoration of Pan Am 103 at Arlington National Cemetery

[This is the headline over an article published late yesterday on the Consumer Travel Alliance website.  It reads as follows:]

Today, December 21, 2012, is the 24th anniversary of the Pan Am 103 bombing which killed 270 and remains the second worst terrorist attack in history against Americans after 9/11.

A memorial service was held alongside the Flight 103 Cairn at Arlington National Cemetery from 1:30 to 3:00 pm. It featured speeches by the US Attorney General Eric Holder [full text here], FBI Director Robert Mueller [full text here], TSA [Transport Security Administration] Administrator John Pistole [full text here], and Frank Duggan of the Victims of Pan Am Flight 103. [RB: I have not been able find Mr Duggan's remarks online. This is probably a blessing.]

On this cold, gray and windy day, America’s top-ranking law enforcement officers paid their respects to those killed in this act of terrorism.

At the same time Families of Pan Am 103/Lockerbie, an organization of family members of the Pan Am 103 bombing victims, launched a major petition drive demanding the Governments of United States and Libya fulfill their longstanding promises of cooperation in the U.S. criminal investigations of numerous terrorist attacks against Americans by Libyans and bring those responsible to justice. The form to sign the petition is here.

Here is the petition text:

Expressing the disappointment, concern and increasing frustration and anger of the families and friends of victims of the Pan Am 103 bombing and all Americans at the failure of the United States to properly investigate the Pan Am 103 bombing (which killed 270 on December 21, 1988 over Lockerbie Scotland and remains the second worst terrorist attack in history against Americans) and other terrorist attacks and the failure of Libya to grant permission for US criminal investigators to gather evidence in Libya or fulfill its promises and obligations to fully cooperate with US criminal investigations of terrorist attacks against Americans, including most recently the murder of US Ambassador Christopher Stevens and three other Americans on September 11th, 2012.

Whereas since 1989, hundreds of Pan Am 103 victims’ family members have pursued civil and criminal justice against those responsible for the murder of their loved ones;

Whereas there has been no known progress or criminal investigation developments since the indictments of two Libyan intelligence agents over 20 years ago and the conviction of one over 11 years ago, notwithstanding Libya’s formal promises to the UN in 2003 to fully cooperate with US criminal investigations and comply with numerous international anti-terrorism agreements, and notwithstanding renewed promises by the Libyan Transitional National Council leader in 2011 to provide new evidence and newly available witnesses and suspects in Libya;

Whereas Libya has recently granted permission to the United Kingdom for investigation within Libya by United Kingdom criminal investigators of a London police woman’s murder outside the Libyan embassy;

Whereas Libya has promised repeatedly (in 2003, 2011, 2012 and previously) to cooperate with the United States in the Pan Am 103 investigation;
Whereas the United States provided in 2011 essential support in protecting many of those now in the Libyan government and the Libyan people from being killed in masse by Gaddafi forces;

Whereas the Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) have been claiming for 24 years that this is ‘the largest murder investigation in US history’ but with no visible results since 2000;

Whereas Senussi, former head of Gaddafi’s infamous External Security Organization that sponsored and carried out Gaddafi regime terrorism against the U.S. and other Western nationals and assassinations of exiled Gaddafi opponents, has now been sent back to Libya by Mauritania;

Whereas there is still no indication that the United States has sought to use its many tools of witness protection and relocation, terrorist reward programs, interrogation of Senussi, or former Gaddafi intelligence chief Musa Kusa in Qatar, and has not responded to the United Kingdom critics who claim that the evidence convicting Megrahi was flawed and/or fabricated by the United States DOJ and FBI;

Whereas, Libya is presently criminally prosecuting two former Libyan officials for “waste of public funds” in paying compensation to the families of Pan Am 103 victims; and

Whereas the Government of Libya has made no arrests in the September 2012 terrorist murders of US Ambassador Christopher Stevens and three other Americans and has failed to fully cooperated with US criminal investigations:

NOW, therefore, the undersigned hereby petition and request that

(1) The Congress of the United States hold oversight hearings requiring that the FBI and Department of Justice report on the status of the investigation into the Pan Am 103, including by explaining and releasing appropriate records showing—

(A) why since 2000 it has apparently failed to gather any evidence or interview witnesses (including former Justice Minister and former Chairman of the Libyan Transitional National Council Mustapha M A Jalil, who has publicly claimed to have proof of Gaddafi and others direct involvement) regarding the Pan Am 103 bombing;

(B) why the US Office of Foreign Assets Control has removed all travel and financial sanctions on Musa Kusa, former Gaddafi intelligence chief, stated by former US CIA Director George Tenet to be responsible for American bloodshed;

(C) why the Department of Justice and Department of State did not seek extradition from Mauritania of Senussi, who was named in United States indictments and convicted by France of the 1989 UTA jumbo jetliner bombing that murdered 170, including 6 U.S. citizens and Bonnie Pew, wife of the US Ambassador to Chad;

(D) why the Department of Justice never sought nor obtained access to Megrahi, the only person convicted of the Pan Am 103 mass murder who was imprisoned in the United Kingdom for 9 years, prior to his death in Tripoli in 2012;

(E) why, in over 20 years of what the Department of Justice often claimed was the biggest murder investigation in its history, has never named any of the Pan Am 103 terrorists except two low level Libyan intelligence agents;

(F) what resources the Department of Justice has devoted to the Pan Am 103 bombing criminal investigation and the costs of this investigation especially since 2000; and

(G) what requests or demands the United States made to Libya since 1989 for cooperation in the criminal investigation of the Pan Am 103 bombing and what responses if any were received;

(2) That the Government of Libya promptly grant the United States permission to investigate in Libya the Pan Am 103 bombing and other acts of terrorism by Libyan nationals against United States citizens (as it has repeatedly promised but so far failed to do) and permit the US to have a secure location on Libya territory to conduct such investigations.

(3) That unless the US Attorney General and the President of the United States certify to the US Congress by February 21, 2013 that Libya has fully cooperated with the Pan Am 103 bombing and the US consulate attack investigations, that new US and UN sanctions be imposed against Libya for sheltering terrorist murderers of hundreds of Americans and other nationals and for failing to cooperate with US criminal investigations to bring those responsible to justice.

Dated: December 21st, 2012

Friday 30 December 2011

Will Abdelbaset al-Megrahi die before Saif al-Islam takes the stand?

[This is the headline over an item published today on the Anorak website.  It reads in part:]

Will Abdelbaset al-Megrahi die before Saif al-Islam takes the stand?

Human Rights Watch says Colonel Gaddafi’s son is being held in solitary confinement in Zintan, in the Nafusa Mountains of western Libya. He has no access to lawyers. Saif al-Islam has had the ends of his right-hand forefinger and thumb amputated – they became infected after being damaged in a Nato air strike.

Saif al-Islam faces two trials on corruption and war crimes charges at the International Criminal Court. (...)

Al-Megrahi denies being a killer.  The headline in The Times quotes him:These are my last words: I am innocent”. (...)

If not al-Megrahi, who? The NY Daily News tosses up names:
"Last week, FBI Director Robert Mueller and U.S. 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."
Names and lies and money. Who now speaks for the 270?

Wednesday 21 December 2011

Lord Advocate Frank Mulholland meets FBI over Lockerbie bombing probe

[This is the headline over a report published today in the Daily Record.  It reads in part:]

Scotland's top lawman has held talks with the FBI over plans to step up new inquiries into the Lockerbie bombing.

Lord Advocate Frank Mulholland met FBI director Robert Mueller and US Attorney Gereral Eric Holder in Washington last night.

It came as both countries prepare to send investigators to Libya to seek new evidence and speak to witnesses inthe hope of staging a second trial over the bombing of Pan Am Flight 103.

Mulholland said: “The meeting was to renew rapport over the joint inquiry into state-sponsored terrorism and explore the opportunities we have to bring others to justice.”

It is understood a number of potential witnesses have been identified. Negotiations are taking place to insure they are interviewed.

Hopes are high that vital evidence needed to convict those who acted along with Abdelbaset al-Megrahi will be uncovered.

One target is Lamin Khalifa Fhimah, who stood trial with Megrahi but was acquitted.

Mulholland has already set up a Lockerbie inquiry unit aimed at uncovering new evidence against Fhimah, 55.

The move came after Holyrood scrapped the double-jeopardy law which prevented people being tried twice for the same crime. (...)

Fhimah recently backed the Libyan rebels as the Gaddafi regime fell.

It was thought to be a desperate bid to persuade them not to hand him over for a re-trial.

Former justice minister Mustafa Abdul-Jalil, who claims to have evidence of Gaddafi’s involvement in Lockerbie, is a prominent figure in the new Libyan regime.

Scottish police have also questioned former foreign minister Moussa Koussa, who defected from the Gaddafi regime and is said to hold key information about the 1988 attack.

Other suspects include Gaddafi’s brother-in-law Abdullah Senussi, who headed Libya’s intelligence services, and Ibrahim Nayili, Libya’s former head of airline security.

[A report (behind the paywall) in today's edition of The Times contains the following paragraph:]

The US authorities were furious when Kenny MacAskill, the Scottish Justice Secretary, allowed al-Megrahi to be released on compassionate grounds more than two years ago, but, in a sign that relations are improving, the Lord Advocate has been working with the FBI in recent weeks on a detailed plan to find others who were involved in the attack.

[More public relations puffery from the Crown Office. There is not the slightest sign that the Crown Office or the FBI are pursuing the copious evidence that exonerates Abdelbaset Megrahi. On this of all days, the relatives of those who died in the Lockerbie disaster deserve better.]

Thursday 22 December 2011

‘These are my last words: I am innocent’

[This is the headline over a report (behind the paywall) in today's Scottish edition of The Times. The article, under the byline of Marcello Mega and the paper's Scotland editor Magnus Linklater, gives an account of a very recent visit to Abdelbaset Megrahi by George Thomson (who presented the Aljazeera documentary on the Lockerbie case broadcast in June 2011). The report reads in part:]

The Libyan convicted of the Lockerbie bombing has given what he says is his last interview, using it to protest his innocence.

Speaking from his sick bed in Tripoli, Abdul Baset Ali al-Megrahi, who has prostate cancer, insisted that he was not involved in the attack on Pan Am 103 in December 1988 that killed 270 people. He also accused a key witness, whose evidence helped to convict him, of lying in court.

The interview was published as relatives of the American and Scottish victims gathered yesterday to mark the 23rd anniversary of the atrocity. At the Arlington National Cemetery in Virginia, Frank Mulholland, the Lord Advocate of Scotland, stood alongside US officials, including Eric Holder, the US Attorney-General, and Robert Mueller, the director of the FBI, to lay a wreath at the Lockerbie cairn.

They were joined by Ali Aujali, the Libyan ambassador to the United States, a mark of the new relationship between Tripoli and the West, and also a signal that new evidence may be produced in the search for the original instigators of the Pan Am bombing. (...)

A friend, George Thomson, who conducted the interview on Saturday, described him as ravaged by the cancer and very weak. “For any doubters who may think he is not ill, you only have to look at the man and how wasted he is to see he has not got long in this life,” said Mr Thomson on his return.

However, al-Megrahi still had enough strength to deliver a personal challenge to the Maltese shopkeeper, Tony Gauci, whose identification was instrumental in securing his conviction. Clothes from Mr Gauci’s shop were found, along with a tiny fragment of the timing device that triggered the bomb, in a briefcase among the wreckage of the plane.

Asked by Mr Thomson, a former police officer who was part of his defence team, what he would say to Mr Gauci if he met him again, al-Megrahi said: “If I had the chance to see him, I would tell him that I never ever in my entire life bought clothes from his shop, I never bought clothes from him. He dealt with me very wrongly, I have never seen him in my life before he came to the court. I am facing my death and I swear by my God, which is my God and Gauci’s God, I swear with him I have never been in that shop or buy any clothing from Gauci. He has to believe this because we are all together when we die.”

It is not suggested that the claims against Mr Gauci have any basis in fact. [RB: Well done, Magnus Linklater! The Times's lawyers will be proud of you!]

Mr Thomson filmed the 20-minute interview as part of a documentary about Lockerbie to be broadcast in February. The Libyan revealed that he has co-operated in writing a book with an investigative journalist, John Ashton, that will contain “dramatic” new evidence about his case.

Scottish prosecutors remain convinced that the evidence on which he was convicted is substantial, but al-Megrahi said: “I want people to read the book and use their brain, not hearts, and make judgment. Information is not from me, not from lawyers, not from the media, but experts who deal with criminal law and science, and they will be surprised when they read it. It will clear my name.”

Al-Megrahi is convinced that US agencies were determined to secure a conviction. “I am facing my death any time, and I don’t want to accuse anyone, or any country. But the Americans led the way,” he said.

He also revealed that he had been paid a visit a few days earlier by Jim Swire, whose daughter died in the atrocity, and who has long campaigned to clear his name. He said that he had confided in Dr Swire the details of new discoveries about the timing fragment made by investigators still working on his behalf.

He claimed that police were aware that there was another witness to the purchase of clothing in the Maltese shop, who might have helped to clear his name — Mr Gauci’s brother, Paul. It has always been believed that Mr Gauci was the only witness who could identify the buyer of the clothes.

“The commission met with Gauci. At the end of the statement they said he was nervous. He told them that when the man who bought the clothes left the shop, his brother Paul came to the shop, and took the parcels from the man and took them to the taxi he was taking. This information has never been raised before. There is an opportunity to have another physical witness who could have identified the man, yet they kept the brother out of it.”

Al-Megrahi ended the interview by saying he had a message for the international community, especially the people of Scotland and the UK: “I am about to die and I’d ask now to be left in peace to die with my family, and they be left in peace by the media as well. I will not be giving any more interviews, and no more cameras will be allowed into my home ... I am an innocent man, and the book will clear my name.”

[A longer and more personal article by Marcello Mega about George Thomson's visit to Megrahi appears in today's Scottish edition of The Sun. A further article appears in the Daily Mail. A Maltese perspective is to be found in this article in Malta Today; and a Libyan perspective in this article in The Tripoli Post.]

Tuesday 30 November 2010

Abdelbaset Megrahi and Gary McKinnon

Leaked US embassy cables reveal that Gordon Brown unsuccessfully put his reputation as prime minister on the line in a plea to Washington that the computer hacker Gary McKinnon be allowed to serve any sentence in the UK. (...)

Brown made his unsuccessful direct intervention in August 2009, according to a secret cable from the US ambassador in the UK, Louis Susman, to the secretary of state, Hillary Clinton.

Susman wrote: "PM Brown, in a one-on-one meeting with the ambassador, proposed a deal: that McKinnon plead guilty, make a statement of contrition, but serve any sentence of incarceration in the UK. Brown cited deep public concern that McKinnon, with his medical condition, would commit suicide or suffer injury if imprisoned in a US facility."

The ambassador says he sought to raise Brown's request in Washington with Obama's newly appointed attorney general, Eric Holder. But the plea got nowhere.

In October last year, the ambassador had to warn Clinton on a visit to the UK that the prime minister was likely to raise the McKinnon case again.

"McKinnon has gained enormous popular sympathy in his appeal against extradition; the UK's final decision is pending." he reported. "The case has also caused public criticism of the US-UK extradition treaty."

One reason for Brown's failure may have been barely contained US rage, spelled out in other secret cable traffic around the same time, that the UK was releasing the convicted Lockerbie bomber, Ali Abdelbaset al-Megrahi, to what turned out to be a hero's welcome in Libya.

[From a report published earlier today on The Guardian website. The "other secret cable traffic" relating to Megrahi's release does not seem to have yet been published.]

Friday 26 September 2014

US Attorney General resigns

Eric Holder has submitted his resignation as Attorney General of the United States. His interventions in the Lockerbie case can be followed here. At least as far as the Lockerbie case is concerned, his tenure was not a distinguished one.

Sunday 2 July 2017

US plot to snatch Megrahi

[On this date in 2011 an article headlined US tells Libya rebels: Capture the Lockerbie bomber for us was published 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 had already faced trial and been convicted -- wrongly, in my view -- in a process that the United States supported and participated in. He could not have been tried again in the USA unless Federal Law had been changed to allow it.] British SAS soldiers are unlikely to be directly involved in the operation. (...)

If Megrahi is captured, the hope is he may implicate Libyan leader Colonel Gaddafi in the Lockerbie bomb plot.

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. (...)

When the US State Department was asked to comment on the Megrahi plot, an official said he would ‘take the question’. This is a regular tactic used by the State Department enabling it to neither confirm nor deny what is put to officials.

US government sources say if Megrahi were found guilty after a trial, he would get life without parole.

Although there would be calls for him to be executed, international pressure is likely to prevent the death sentence being carried out.

Saturday 7 March 2015

US Senator Robert Menendez 'faces corruption charge'

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

The US justice department is preparing to bring criminal corruption charges against Democratic Senator Robert Menendez, US media reports say.

The politician from New Jersey is alleged to have used his office to promote the interests of a Democratic donor, in exchange for gifts.

Attorney General Eric Holder has reportedly given prosecutors permission to proceed with charges.

Senator Menendez has labelled the probe a smear campaign.

"I am not going anywhere," he said on Friday at a press conference in New Jersey.

"Let me very clear, very clear. I have always conducted myself appropriately and in accordance with the law."

An official announcement from prosecutors is expected in the coming weeks.

Sen Menendez is one of the highest-ranking Hispanic members of Congress and a former chairman of the Senate's foreign relations committee.

[Senator Menendez has been one of the most high-profile US politicians to intervene in Lockerbie matters. His history in this regard can be followed here.]

Saturday 17 July 2010

Lockerbie hearings set to open can of worms

[This is the headline over an article on the website of Canada's National Post which displays an appreciation of the facts relating to Megrahi's repatriation and of the UK/Scottish constitutional position that is sadly lacking in most US commentaries. It reads:]

A US Senate hearing into BP's alleged involvement in the release of the Lockerbie bomber may be based on a false premise, but it has all the potential to open up a can of worms.

Senior senators are demanding to know whether "justice and punishment for terrorism took a back seat to back-room deals for an oil contract." BP will be quizzed over whether they lobbied for the release of Libyan intelligence officer Abdel Baset al-Megrahi in exchange for trade deals.

BP has denied any such thing, but with its reputation already tarnished by the Gulf of Mexico oil disaster, a Senate hearing will be another opportunity to continue to vilify the company in the eyes of Americans.

However, what is already clear is that while Megrahi was sitting in a jail cell in Scotland, his future and trade with Libya were inextricably linked.

And it is questions about that link which has the potential to cause embarrassment in some quarters.

For years, Libya had petitioned the British government to sign a prisoner transfer agreement, allowing prisoners to be exchanged and serve sentences in their home countries. As Colonel Muammar's Gaddafi's son, Saif al-Islam al-Gaddafi, later explained, for Libya the PTA was only ever concerned with one prisoner.

He told the Scottish ... newspaper [The Herald] last year, "For the last seven to eight years we have been trying very hard to transfer Mr. Megrahi to Libya to serve his sentence here and we have tried many times in the past to sign the PTA without mentioning Megrahi, but it was obvious we were targeting Megrahi and the PTA was on the table all the time."

BP, it has admitted, was also lobbying the British government to conclude a PTA with Libya.

On Thursday, BP said in a statement, "It is matter of public record that in late 2007 BP told the U.K. government that we were concerned about the slow progress that was being made in concluding a prisoner transfer agreement with Libya.

"We were aware that this could have a negative impact on UK commercial interests, including the ratification by the Libyan Government of BP's exploration agreement."

In May 2007, Britian and Libya agreed to sign a PTA. The agreement was ratified a year later in November 2008, at the time British prime minister Tony Blair signed the agreement he also witnessed the signing of a major BP exploration contract in Libya worth £500-million.

Saif al-Islam al-Gaddafi told [T]he Herald, "It was part of the bargaining deal with the UK ... We signed an oil deal at the same time. The commerce and politics and deals were all with the PTA."

Scotland, meanwhile, had specifically asked for Megrahi to be excluded from the PTA, but Britain refused.

Months later, in May 2009, Libya applied to Scotland for Megrahi to be transferred under the PTA. Although Britian signed the PTA -- thus paving the way for any transfers under the deal -- it was up to Scotland whether they would agree to the transfer.

But Scotland found a major hurdle in the way.

US Secretary of State Hillary Clinton and Attorney-General Eric Holder told Scotland that the US had been given assurances before Megrahi's trial that he would serve his full sentence in Scotland. Scottish Justice Minister Kenny MacAskill asked Britain for clarification about the assurances, but the government refused to answer.

It was because of those assurances that Mr. MacAskill decided not to agree to transfer Megrahi under the PTA.

At this point, it might appear that the efforts of BP and the British government -- who had both worked so hard to get a PTA signed -- had come to nought.

However, Mr. MacAskill then released Megrahi on compassionate grounds.

If, as Mr. MacAskill was told at the time, Megrahi only had a few months to live, it appears to have been the humanitarian thing to do.

But with reports that Megrahi might yet live another 10 years, the decision to release him and the background to it are going to come under severe scrutiny at the Senate hearing. It promises to be an uncomfortable time for some people.

Wednesday 21 December 2011

23rd anniversary of Lockerbie disaster

23 years ago, 270 people died when Pam Am Flight 103 exploded over Lockerbie, Scotland. The victims of the terrorist bombing will be remembered during an annual ceremony at the Lockerbie Cairn in Arlington National Cemetery.

Speakers at the ceremony include members of The Victims of Pan Am Flight 103, the group which organized the event, US attorney General Eric Holder, FBI Director Robert Mueller and others.

[From a report published today on the C-Span website.

A report on the STV News website reads in part:]

Libya’s Ambassador to the US Ali Aujali is scheduled to address relatives of the victims at the annual service at Arlington National Cemetery.

It is thought it will be the first time a Libyan politician has attended an event to commemorate Lockerbie. (...)

Other speakers due to address the Arlington Service include Scotland’s top law officer, the Lord Advocate Frank Mulholland QC.

Saturday 4 July 2009

Lockerbie relatives to demand Megrahi stays in Scots jail

Kenny MacAskill is to be put under intense pressure to keep the Lockerbie bomber behind bars in Scotland this week when he takes part in discussions with the families of the American victims.

The justice secretary will hear a heartfelt plea from Americans who lost loved ones in the atrocity and who firmly believe that Abdelbaset Ali Mohmed al-Megrahi should die in a Scottish prison.

MacAskill will hear that American families are "shocked and horrified" that Scottish ministers are considering whether Megrahi should be sent back home to Libya under the terms of a controversial prisoner transfer agreement struck by Tony Blair and Muammar Gaddaffi.

MacAskill will speak with the relatives during a video conference that will link Edinburgh with the British Embassy in Washington.

MacAskill has already been in touch with the US Attorney General Eric Holder, who is understood to have informed the justice secretary that Megrahi, who is terminally ill with prostate cancer, should stay in HMP Greenock.

That message will be rammed home on Thursday by the American families, who firmly believe Megrahi was responsible for the murder of 270 people when Pan Am Flight 103 exploded over Lockerbie 20 years ago.

Last night Frank Duggan, a Washington lawyer who is president of the Victims of Pan Am Flight 103, said: "The American relatives have never had the opportunity to make victim impact statements. It will be very emotional. They will talk about what their loss means to them – 20 years of missed grandchildren, missed weddings, all of the things that go on in life. It is especially distressing for those who lost young people – so many of them would have made a difference.

"He should stay in prison in Scotland. That was the agreement. The position of the US government is that he should serve his sentence in Scotland and that will be the overwhelming message to MacAskill."

A letter to MacAskill written by Kathleen Flynn, a mother who lost her son John Patrick Flynn on the night that the aircraft exploded, sums up the families' attitude.

"We are shocked and horrified that the convicted bomber of this horrific crime is being considered for a prisoner-transfer agreement to his native country, Libya," she said.

"I would hope that you would include the (views] of the majority of victims of the Pan Am 103 bombing – the 189 Americans lost on the flight."

MacAskill and Alex Salmond face one of the most taxing dilemmas of the SNP's reign as they decide what to do with the former Libyan intelligence agent who was convicted of the atrocity in the Scottish courts.

There is a vocal body of opinion who believe that Megrahi has been the victim of a huge miscarriage of justice. He is currently appealing against his conviction.

Among those convinced of his innocence is Jim Swire, a retired British GP who lost his daughter in the bombing.

Swire said: "Of course the Americans are saying that he is guilty. Their administration has told them that he is guilty. But I don't think they have questioned the quality of the evidence."

[The above is the text of an article in the Scotland on Sunday edition of 5 July.]