Libya, Once Pariah, Turns From Terror

This is a link to an Associated Press article discussing Libya's international rehabilitation, as witnessed by her recent election to the UN Security Council. As with so many articles on the subject from US sources, it simply assumes that Libya was responsible for the Lockerbie bombing and fails even to mention that Megrahi's conviction has been referred back to the Criminal Appeal Court by the SCCRC on the basis that it may have amounted to a miscarriage of justice. See
http://ap.google.com/article/ALeqM5h9_xmTWmTNBiFd2_DF__HfpF2X3wD8SDOB900

For a similar article, also ignoring the SCCRC's reference-back, this time from The Daily Orange, the student newspaper of Syracuse University, NY, thirty-five of whose students died in the Lockerbie disaster, see
http://media.www.dailyorange.com/media/storage/paper522/news/2007/10/22/News/Pan-Am.103.Families.Speak.Out.Against.Un-3046775.shtml

Conspiracy against a Libyan

This is the translated title of a fairly lengthy article (in German) about the Lockerbie case by Martin Alioth in the Neue Zürcher Zeitung on Sunday, 21 October. It quotes Dr Jim Swire and myself and is, perhaps, of particular interest because written primarily for a readership in the Swiss city where MeBo and Edwin Bollier are based. See
http://www.nzz.ch/nachrichten/international/verschwoerung_gegen_einen_libyer_1.572509.html

And here is a link to a recent French article also raising doubts about Megrahi's conviction:
http://www.editoweb.eu/Attentat-de-Lockerbie-Khadafi-blanc-comme-neige-_a3240.html

Libya's new look

Here is an op-ed piece from The Guardian by Ian Williams on Libya's election to the Security Council:
http://commentisfree.guardian.co.uk/ian_williams/2007/10/libyas_new_face.html

More on Libya's election to Security Council

Here is Lucy Adams's story in The Herald:
http://www.theherald.co.uk/news/foreign/display.var.1767898.0.0.php

And the Jerusalem Post's coverage:
http://www.jpost.com/servlet/Satellite?cid=1192380587595&pagename=JPost%2FJPArticle%2FShowFull

Neither the print nor the internet edition of The Scotsman ("Scotland's National Newspaper") appears to carry the story, though there is a Reuters news agency report at
http://news.scotsman.com/latest_international.cfm?id=1654512007

From The Post-Standard of Syracuse, NY

This article about reaction to Libya's election to the UN Security Council is of particular interest since it comes from the main newspaper serving Syracuse, NY. Thirty-five students from Syracuse University died aboard Pan Am 103. The article records the views of relatives of victims, and does not focus on those who have been most in evidence in other media reports.
http://www.syracuse.com/articles/news/index.ssf?/base/news-0/1192611459187500.xml&coll=1&thispage=2

American Cassandra - Susan Lindauer’s Story

The fascinating story of Susan Lindauer and her connection to the Lockerbie case, as told by Michael Collins in Scoop Independent News at http://www.scoop.co.nz/stories/HL0710/S00266.htm

By Michael Collins
“Scoop” Independent News
Washington, D.C.

Above all, you must realize that if you go ahead with this invasion, Osama bin Laden will triumph, rising from his grave or seclusion. His network will be swollen with fresh recruits, and other charismatic individuals will seek to build upon his model, multiplying those networks. And the United States will have delivered the death blow to itself. Using your own act of war, Osama and his cohort will irrevocably divide the hearts and minds of the Arab Street from moderate governments in Islamic countries that have been holding back the tide. Power to the people, what we call “democracy,” will secure the rise of fundamentalists. Susan Lindauer’s last letter to Andrew Card, January 6, 2003*

Susan Lindauer sent her eleventh and last letter on the Iraqi political situation to then Bush chief of staff Andrew Card on January 6, 2003, just two months before General Franks gave the command to invade on March 20, 2003. She’d sent ten other letters on Iraq to Card, her second cousin, over a two year period.

In her final letter she made a prophetic plea to head off the war. Through Lindauer’s back channel contacts at the Iraqi United Nations mission, Lindauer said that she’d gathered a great deal of information. She had good reasons to believe that the Iraqis were ready to offer huge concessions on inspectors and on other United States demands.

As the opening quotation shows, she correctly predicted what other knowledgeable observers believed. While the U.S. efforts in Afghanistan had al Qaeda on its knees, an Iraqi military defeat would lead to a civil chaos. This would provide the basis for a resurrection of bin Laden’s operation and then revive the al Qaeda terrorist risk to the United States.

Lindauer was arrested on March 17, 2004, fifteen months after the last letter to Andy Card and two years after the trip to Baghdad referenced in the indictment. She was charged with “conspiring to act and acting as an unregistered agent of the government of Iraq” and “forbidden financial transactions” with Iraq totaling $10,000 relating to those acts. The charges cover the period of October, 1999 through February 2004.

She denies acting as an Iraqi agent and says that she’d been recruited by the CIA and Defense Intelligence Agency to open a back channel for contact with Middle Eastern nations that lacked formal diplomatic ties the U.S. She asserts that CIA was overseeing her contacts with Iraq and that the U.S. government was fully informed of her activities.

She was very specific when she said that she had no knowledge of or contact with the two Iraqis named in her indictment. In his final ruling on the case, Judge Mukasey observed that:

It bears emphasis here that it was never the government's theory that Lindauer participated in such conduct, or indeed that she even knew the Al-Anbuke brothers. Rather, she and they were charged together only because both allegedly conspired with IIS. Judge Michael B. Mukasey, Opinion and Order, September 6, 2006.

At her preliminary hearing, she was remanded for trial in federal court, Southern District, New York, and placed on $500,000 bail

Another 18 months passed without action until the prosecution requested that Lindauer undergo a psychiatric evaluation. The prosecution argued that she was unfit to stand trial for two reasons: she believed that she was not guilty and she was therefore unable to contribute to her defense since she didn’t understand that she might be convicted. Her failure to accept guilt by denying what the prosecution called delusions somehow proved mental incompetence.

Based on the psychiatric evaluation, Judge Mukasey ordered Lindauer to the U.S. Bureau of Prisons, Federal Medical Center (Carswell FMC), Ft. Worth, located on the grounds of Carswell Air Force Base. Lindauer reports considerable distress at confinement and the condition of her fellow female inmates.

Lindauer has consistently maintained her innocence throughout this entire affair. After seven months at FMC Carswell, she had a hearing with Judge Mukasey in early May 2006. The psychiatrists at the federal prison facility wanted to force her to take psychotropic medication, a position strongly supported by the U.S. Attorney prosecuting the case. She vigorously objected to this, which was the basis for the May hearing. The government’s rationale for forced medication and the treatment at Carswell FMC will be discussed in more depth in the second part of this series.

Rather than being sent back to the prison facility, she spent four months at the Metropolitan Correctional Center in Manhattan. Finally, on Sept. 8, 2006 she was released by order of Judge Mukasey. He flatly denied the U.S. Attorney’s request for forced medication, noting contradictory opinions on diagnosis and poor support for the efficacy of the medication recommended by court appointed and prosecution experts.

His opinion and order implied that there was not much of case against her: “There is no indication that Lindauer ever came close to influencing anyone, or could have.” Opinion and Order, Judge Michael B. Mukasey, Sept. 6, 2006

The Judge ordered that Lindauer be released from jail. She remains free to this day. Through former U.S. Attorney Brian Schaunnessy of Washington, D.C., she is seeking a trial on the charges levied and sees that as a public forum to verify her story and clear her name.

Susan Lindauer’s Story

After seeing an article I wrote on Attorney General nominee Mukasey, Susan Lindauer emailed Jeff Tiedrich, publisher of the political web site that carried the story. She complimented my analysis of Mukasey, which had mentioned her case. I received the email, contacted her, and requested an interview. She agreed.

Susan Lindauer and I met on two occasions for a total of about six hours. In addition, there was an additional two hours of phone contact to assure that I accurately represented her story. She says this is the first time anyone contacted her for an in depth interview on her story and experience.

She was engaging, articulate, and energetic during the interviews and follow up calls. In this article, I present her story as she told it to me. In part two of the series, I cover her confinement at FMC Carswell, examine how the initial round of her case was handled, including Judge Mukasey’s dismissive remarks about the merits of the case against her. I will also present information from individuals who support her character and knowledge of Lockerbie and Iraq and offer some speculation on motives and handling of her arrest.

What follows is neither a brief in favor of her case, nor is it a fishing expedition to generate cheap shots regarding her claims. It’s simply her story.

Susan Lindauer seeks a trial on the charges to prove her innocence.

She says that:

• She worked for United States intelligence to create back channel communication with key Middle Eastern states and all of her actions were under the supervision of U.S. intelligence.
• She was recruited by U.S. intelligence to perform this function in 1994 due to her anti sanctions position and the belief that the targeted states would find someone with her position and contacts appealing.
• She made significant contributions through her U.N. diplomatic contacts with Libya for the hand over of accused Lockerbie bombers to Scottish authorities. After Lockerbie, she worked as a back channel to Iraq on resuming weapons inspection.
• She is innocent of all charges filed.

Lindauer reports that her role as a back channel operative for the U.S. resulted from a 1994 meeting with Dr. Richard Fuisz in Chantilly, Virginia. He approached Lindauer who was then on the staff of Representative Ron Wyden (D-OR), now a U.S. Senator. She says that Fuisz, reportedly a CIA operative, wanted to get out information on terrorist threats from Syria and its proxies who he said were responsible for the Lockerbie bombing. Fuisz claimed that he could identify the specific culprits behind the Lockerbie – Pan Am 103 bombing.

She noted that her knowledge of Arab culture and her positions as an anti sanction, pro peace advocate positioned her for service as a conduit to nations hostile to United States. This put her in a position, “to open a back channel to receive terrorism information from those nations under sanctions.”

Lockerbie, Scotland and the Bombing of Pan Am 103

The Clinton administration was interested in using her as an entrée to communicate with Libya officials, according to Lindauer. Her specific task was to help obtain the hand over of two suspects in the Lockerbie bombing to stand trial for the destruction of the Pan Am flight and deaths of 259 passengers and 11 Lockerbie citizens

Lindauer described playing an instrumental role in negotiating the handover of the two suspected bombers from Libya through her Libyan contacts at the U.N. mission. She performed the liaison role through the Libyan mission at the U.N. As a result of her work and other efforts, she reports that Libya turned over two male suspects, al-Megrahi and Fhimah, to Scottish authorities. They were indicted and tried for the bombing and 270 deaths. Scottish prosecutors convicted Al Megrahi but not Fhimah.

During the lead up to the trial, Lindauer had serious questions about the guilt of the Libyans that she helped secure for trial. She says, “Other Arab contacts told me that Mohammed Abu Talb, Abu Nidal, in addition to Ahmed Jibril were the key to this awful crime.”

In 1998, she provided U.N. General Secretary Kofi Annan with a deposition containing information that she obtained from Dr. Richard Fuisz. This was prior to Annan’s visit to Libya which Lindauer says was for a meeting to discuss the Lockerbie trial with Gadaffi. In the deposition, she offered this: “(Fuisz) says freely that he knows first hand that Libya was not involved in any capacity whatsoever. It's my understanding that he can provide further details regarding his part in the investigation, or details identifying the true criminals in this case.”

However, Fuisz was the subject of a 1990’s gag order and required specific permission from the U.S. in order to give a sealed deposition for the Lockerbie trial.

Lindauer’s statement on Lockerbie caught the attention of the Scotland’s Sunday Herald:

[In 1994] One month before a court order was served on him (Fuisz) by the US government gagging him from speaking on the grounds of national security, he spoke to US congressional aide Susan Lindauer, telling her he knew the identities of the Lockerbie bombers and claiming they were not Libyan. Sunday Herald May 28, 2000

The Herald discussed her role in negotiations with Libya:

Congressional aide Lindauer, who was involved in early negotiations over the Lockerbie trial, claims Fuisz made "unequivocal statements to me that he has first-hand knowledge about the Lockerbie case". In her affidavit, she goes on: "Dr Fuisz has told me that he can identify who orchestrated and executed the bombing. Dr Fuisz has said that he can confirm absolutely that no Libyan national was involved in planning or executing the bombing of Pan Am 103, either in any technical or advisory capacity whatsoever.” Sunday Herald May 28, 2000

Her position was not that different than an analysis offered in Time Magazine in 2002. Both she and Time speculate that Ahmed Jibril, a Palestinian resistance leader allied with Syria, was responsible for the bombing. Time magazine even suggested that the terrorist act was a “hit” on a special U.S. military group seeking to free American hostages held in Lebanon.

Just recently, Time ran another article on findings by investigators raising factual questions that cast doubt on the guilty verdict of the one suspect actually convicted in the case.

On June 28, 2007, Scottish Criminal Cases Review Commission (SCCRC) made a referral of the al Megrahi conviction for further review due to a critical flaw in the case. Evidence from a Maltese shopkeeper that helped convict al Megrahi was accepted by trial judges without a “reasonable basis”. The SCCRC is empowered to refer flawed decisions to Scotland’s Supreme Court, which must hear the case.

Just recently, October 2, 2007, The Scotsman reported that “Fresh doubt has been cast over the conviction of the Lockerbie bomber after it emerged a document containing vital evidence about the bomb timer has never been shown to the defense.”

In addition, The Scotsman, Oct. 6, 2007, reported that two key witnesses, the Maltese shopkeeper and the head of the company that manufactured the timing devise for the bomb, were offered $2 million and $4 million respectively by U.S. officials to tilt their testimony for a conviction of al Megrahi.

Lindauer said that her work on Lockerbie started in 1995, “I was being used aggressively at this point for positive things.” She didn’t see any inconsistency between her activism and her work with the intelligence community. She opposed both sanctions by the United States and violence by terrorist states.

Thus, by her logic, her work for U.S. intelligence was no different than her activism – the goals were the same. She said, “From the perspective of my life, I was able to work against sanctions” and also work against terrorism emanating from rogue states. Noting the global reach of the events and the stakes, she now says, “This work makes you know how small you are.”

An Opening to Iraq

After Lockerbie, Lindauer says her work focused exclusively on Iraq, although she’d started contact with Iraqi diplomats at the U.N. in August, 1996. She followed her previous approach and sought out diplomats at the Iraq mission to the U.N. Her assignment was to help gain a resumption of weapons inspections based on the rigorous standards outlined by the U.S. She also made a trip to Iraq one year before the U.S. invasion.

During 2000, Lindauer began her efforts to cultivate Iraqi contacts for better relations with the U.S. She described an extraordinary opportunity that might have changed the entire direction of U.S. - Iraq relations. As the secular dictator of an Arab state, Hussein was not fond of Islamic terrorists. Lindauer reported to her U.S. contacts that the Iraq government would welcome an F.B.I. taskforce into Baghdad. She reported further, that “The F.B.I. would be able to interview witnesses and make arrests.” Further, she says that:

Iraq also offered banking records and proof of financial transfers that would prove Middle Eastern involvement in the Oklahoma City bombing and the first attack on the World Trade Center in 1993.

The program met with a frosty reception from the newly installed Bush administration. Lindauer said, “I was told that the new administration was evaluating its position on Iraq, in light of collapsing international support for sanctions.” There was no action on the plan. In fact, based on what we know now, improved relations with Iraq were not on the agenda from the beginning of the Bush-Cheney era.

This leads to the second phase of her activities regarding Iraq, the events that ended with Lindauer’s arrest, indictment, and incarceration at FMC Carswell, Ft. Worth, Texas.

Cassandra

A year before the invasion, in March 2002, Lindauer took a trip to Iraq to meet with government officials. She smiled broadly as she affirmed the value of that mission: “It would be regrettable if the US government lied about its knowledge of this trip.” She paused and smiled again, “We can prove their total awareness.”

Lindauer sent 11 letters to Card staring in 2001 leading her to pose this question: “If he wanted to discourage me to stop talking to the Iraqis, all he had to do was say so.”

In the final letter sent to Card, Lindauer delivered her accurate prediction of the results of the invasion she worked to avoid – a disaster in Iraq fueling resistance groups hostile to the U.S. along with a revival of al Qaeda.

She accurately estimated the true value of the exile groups cultivated by the Bush administration and, in the case of Ahmed Chalabi, used almost exclusively by New York Times writer Judith Miller as the basis for her discredited claims in New York Times that Iraq had weapons of mass destruction.

Once U.S. bombing starts, the Iraqi exiles will have no credibility as leaders. None whatsoever. They will be hated as pawns of the United States, and my God, let me tell you Arabs can hate. A U.S. victory will never be sweet for long. Lindauer letter to Card, January 6, 2003*

She argued passionately, with dramatic emphasis, that there was a deep well of hostility towards the U.S. as a result of deaths caused by U.S. supported U.N. sanctions from 1990 through March 22, 2003. This is a story not well covered in the U.S. press but one with palpable results for the people of Iraq.

That hatred has kindled deeply because of the sanctions, Andy. Sanctions have killed 1.7 million human beings, including almost one million little children. Stop and think. What would an American father do to the man who killed three of his children, once that father could finally lay hands on the aggressor? Would he throw candy in the streets? No, he’d beat him to death and stab him 100 times until his arms were sore. And then he’d look for the next man, stalking until the right moment. In Baghdad, I met a man who lost 8 members of his immediate family in one year. That’s right, eight dead in ONE year. Multiply that by 20 million people.” Lindauer letter to Card, January 6, 2003*

While the Department of Justice questions Lindauer’s role as a cooperator with U.S. Intelligence and a question was raised about her ability to “influence anybody,” there can be little doubt about her analysis and predictions concerning post-war Iraq. Just in this final letter, she nailed down the myth of the exiles and their role in building a new Iraq, the extreme hostility of Iraqis toward the U.S. presence and personnel, and the resurrection of al Qaeda and other terrorist groups.

Whatever her sources and inspiration, Susan Lindauer is truly an American Cassandra.

Note by RB: The Judge Michael B Mukasey mentioned above is President George Bush's nominee for the position of Attorney General of the United States to replace Alberto Gonzales. He is currently undergoing nomination hearings before the Senate Judiciary Committee. See http://www.guardian.co.uk/worldlatest/story/0,,-7003532,00.html
and
http://www.guardian.co.uk/worldlatest/story/0,,-7047261,00.html
and
http://www.guardian.co.uk/uslatest/story/0,,-7053610,00.html
He has now been confirmed as Attorney General by the US Senate:
http://www.latimes.com/news/nationworld/nation/la-na-mukasey9nov09,1,3685347.story?coll=la-headlines-nation

A Dutch perspective

For those who can read Dutch, here is a link to de Volkskrant's article "Lockerbie relatives angry about Libya's election to Security Council". It is interesting for quoting the reactions of American relatives other than Susan Cohen.
http://www.volkskrant.nl/buitenland/article470947.ece/Nabestaanden_Lockerbie_boos_over_toetreding_Libie_tot_Veiligheidsraad

UN council seat spells end of Libya’s wilderness years

Here is The Times's take on the election of Libya to the United Nations Security Council. I find it interesting that, in the timeline at the end of the article, there is no mention that in June 2007 the Scottish Criminal Cases Review Commission found that Megrahi's conviction might have been a miscarriage of justice and referred his case back to the High Court of Justiciary for a further appeal.
http://www.timesonline.co.uk/tol/news/world/africa/article2674164.ece

Lockerbie's indelible stain

[What follows is a letter published in The Scotsman from Iain McKie, father of one of Scotland's recent miscarriage of justice victims. The comments at
https://www.scotsman.com/news/lockerbie-s-indelible-stain-1-695949
are also well worth reading:]

"As Lockerbie is once again thrust into the public conscience, I challenge everyone who aspires to a true and just Scotland to ensure that this tragedy is constantly at the forefront of his or her mind.

The dissembling dishonesty that cast a shadow over every aspect of the Lockerbie investigation has left an indelible stain on Scottish justice and remains an insult to the memory of the 270 souls who perished over 18 years ago.

It has corrupted a once respected system of jurisprudence forged over the centuries from the Scottish Enlightenment and demeans the worldwide legacy of Scots like David Hume and Robert Burns.

We now live in a culture that favours political expediency, lying and mediocrity, over openness and accountability. As governments at home and abroad pledge to fight terrorism at every turn, their silence on the biggest outrage ever perpetrated in the UK is truly terrifying.

As Burns put it, 'There's nane ever fear'd that the truth should be heard, but they whom the truth would indite.' As a Scot, I believe it is my duty to fight for the truth about Lockerbie to be heard because that single injustice encapsulates everything that I loathe and despise about our otherwise great country.

US relative's reaction to Libya gaining seat on UN Security Council

Libya has been elected to membership of the Security Council of the United Nations. The United States did not propone an alternative candidate.

'Susan Cohen, of Cape May Court House, N.J., who lost her 20-year-old daughter, Theodora, in the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland, said the United States should oppose Libya's candidacy for a seat because Libyan leader Moamar Gadhafi was responsible for the attack.
' "I feel that the U.S. has totally lost its moral compass,'' she told The Associated Press. "Gadhafi blew up an American plane.'' '
See http://www.guardian.co.uk/worldlatest/story/0,,-7000972,00.html

Now, there's a surprise!

Lucy Adams in The Herald of 15 October has a story to the effect that Richard Marquise, the FBI special agent who led the US joint task force on Lockerbie (and author of the book Scotbom: Evidence and the Lockerbie Investigation, 2006, ISBN-13: 978-0875864495) remains of the view that Megrahi was responsible for the bombing of Pan Am 103 and regrets only that the will is lacking to bring other more senior Libyans to trial.

He confirms that there were discussions about about monetary payments to the Maltese shopkeeper, Tony Gauci, but is unable to say whether any money was in fact paid over.

See "Ex-FBI agent: no will to keep up Lockerbie investigation"

Lockerbie witness 'given £2m reward'

This is the title of an article by Marcello Mega in today's Scotland on Sunday. In it he states, quoting a source "close to the Scottish Criminal Cases Review Commission" that the Maltese shopkeeper, Tony Gauci, was paid $4m by "US investigators" as a reward for his testimony in the Lockerbie case. The money was described as compensation for the dislocation to his personal and business life caused by his involvement in the Lockerbie case, but was in fact simply a reward for giving testimony favourable to the prosecution.

The same source indicated that the SCCRC had discovered that MST-13 timers were "all over the place" and were not, as the prosecution contended, supplied only to Libya (with a few also going to the East German Stasi). See
http://scotlandonsunday.scotsman.com/index.cfm?id=1641412007

Robert Fisk: Do you know the truth about Lockerbie?

This is the title of an article in The Independent in response to a very moving letter to Robert Fisk from the sister of one of those killed on Pan Am 103. In the letter she asks if there is anything at all that can be done, that has even a slight possibility of success, to discover the truth about who was responsible for the Lockerbie disaster. Robert Fisk's response is to say that there must be government officials, present or past, who know the truth about Lockerbie. He invites any such persons to communicate with him privately and, if his invitation should be construed as amounting to an incitement to those officials to breach the Official Secrets Act, then so be it. The relatives of the victims of Lockerbie deserve, after almost nineteen years, to know why their loved ones died and who was responsible, especially when this information is already in the hands of their government which, however, chooses not to divulge it. See
http://news.independent.co.uk/fisk/article3055834.ece

An Israeli and a French perspective

This is a link to a long, immensely detailed and very well-informed article by David Horovitz on the Jerusalem Post website:
http://www.jpost.com/servlet/Satellite?apage=1&cid=1191257285759&pagename=JPost%2FJPArticle%2FShowFull

Pierre Prier, who has recently written a number of well-researched articles on Lockerbie and who attended the procedural hearing, has published the following article (in French) in Le Figaro:
http://www.lefigaro.fr/international/20071012.FIG000000229_lockerbie_la_piste_libyenne_perd_de_sa_credibilite.html

The Guardian's coverage of the procedural hearing

Here is the account of the procedural hearing provided by The Guardian's Scotland correspondent, Severin Carrell:
http://www.guardian.co.uk/Lockerbie/Story/0,,2189685,00.html