Former Libyan intelligence agent Abdelbaset Ali Mohamed al Megrahi is the only person ever successfully prosecuted for the PanAm 103 Lockerbie bombing. In Scottish prison since 2001, al Magrahi has contracted cancer; doctors estimate he has about three months to live.
He appealed to Scottish authorities for release on humanitarian grounds, hoping to die in Libya surrounded by his family. Under normal circumstances, the appeal should be rejected without a second thought: a man convicted in a court of law for the senseless murder of 270 people should never be released, no matter how sick he is. In that vein, top officials in the United States and Britain have strenuously protested al Megrahi’s release to the Scots.
Yet today, the release went through. Why?
Consider the charges of Scottish National Party MP Christine Grahame, who claims that
It’s been well know to the UK government that the person and country behind this has nothing to do with Libya or al-Megrahi, but is connected at the start to the US shooting down of an Iranian airbus by a US battle cruiser just months before.
[click here and scroll to the August 19 BBC Global News podcast where Grahame makes her charges]
Whoa. She sounds absolutely bonkers, right?
Well, perhaps not. What if there were doubts about al-Magrahi’s guilt?
Et voila: Al-Megrahi has instructed his lawyers to produce several US Defense Intelligence Agency (DIA) cables that implicate Iran. The DIA memos suggest Iran was behind the attack, which the memos conclude was conducted in response to “the shooting down of an Iranian commercial airliner by the USS Vincennes, an American warship, five months earlier.” (To read up on the fate of Iran Air flight 655, click here. 290 Iranians died in the 1988 incident.)
Another DIA document says the bombing was authorized and financed by Ali-Akbar Mohtashemi-Pur, Iran’s former Interior Minister, and that the operation was contracted from Tehran to Ahmad Jibril, leader of the Popular Front for the Liberation of Palestine-General Command, for $1million.
Still sound a bit nutty? It would to me, too, if I hadn’t read the DIA’s documents.
In the interest of full disclosure, I can’t verify that I’ve read exactly the same memos to which al Megrahi’s lawyers are referring. However, in approximately mid-2003, I took part in a DIA counter-terrorism training course. As the course’s final exercise, class participants were broken into teams to analyze a simulated “developing terrorist plot.” Guess which one they chose? Bingo - Lockerbie. And guess who the plot is tied back to? No bonus points if you say Ahmad Jibril, the PLFP-GC commander, because you should have figured that out by now.
So why hasn’t Jibril been charged? Apparently, they tried:
Dick Marquise, chief of the FBI “Scotbom Task Force” from 1988-1992, said investigators could find nothing later to link [Jibril] with Lockerbie.
“We never found any evidence,” he told the BBC. “There’s a lot of information, there’s a lot of intelligence that people have said there were meetings, there were discussions.
“But not one shred of evidence that a prosecutor could take into court to convict either an official in Iran or Ahmed Jibril for blowing up Pan Am flight 103.“ [Emphasis mine]
In essense, this cuts to the heart of the matter–the difference between law enforcement (FBI) and intelligence (DIA) work. Just because the raw intelligence points to one individual doesn’t mean that it is, or should be, admissible in court. The sources and methods used to collect intelligence are protected; without a special declassification request (apparently pending), the US government had no reason to provide it to the prosecuting authorities.
Nor does this intelligence mean that Jibril is 100 percent guilty and al Megrahi 100 percent innocent: al Megrahi could have quite possibly had a hand in the bombing as a contracted operative. But I believe it has created enough doubt about al-Megrahi’s case to release him on humanitarian grounds as he nears the end of his life.
Furthermore, the United States and Britain are well within their rights to protest Megrahi’s release. As far as these authorities know, Megrahi’s legal conviction stands firm unless and until his case is overturned by a full legal review with declassified intelligence.
Finally, should Iran be legally implicated, the issue could turn into a political hot potato. President Obama has obviously signalled a willingness to open communication with Tehran, and even more blood on the mullahs’ hands could provide ample political fodder for the president’s opponents. However, that shouldn’t be a dealbreaker: Iran and the United States have much to negotiate, and this issue should be folded in with the multitude of topics to be discussed. And if the White House is cagey, it could use the case as an American bargaining chip.