Saturday, 22 August 2009

Letter to Kenny MacAskill from FBI Director Robert S Mueller

Dear Mr. Secretary:

Over the years I have been a prosecutor, and recently as the Director of the FBI, I have made it a practice not to comment on the actions of other prosecutors, since only the prosecutor handling the case has all the facts and the law before him in reaching the appropriate decision.

Your decision to release Megrahi causes me to abandon that practice in this case. I do so because I am familiar with the facts, and the law, having been the Assistant Attorney General in charge of the investigation and indictment of Megrahi in 1991.

And I do so because I am outraged at your decision, blithely defended on the grounds of "compassion."

Your action in releasing Megrahi is as inexplicable as it is detrimental to the cause of justice. Indeed your action makes a mockery of the rule of law.

Your action gives comfort to terrorists around the world who now believe that regardless of the quality of the investigation, the conviction by jury after the defendant is given all due process, and sentence appropriate to the crime, the terrorist will be freed by one man's exercise of "compassion."

Your action rewards a terrorist even though he never admitted to his role in this act of mass murder and even though neither he nor the government of Libya ever disclosed the names and roles of others who were responsible.

Your action makes a mockery of the emotions, passions and pathos of all those affected by the Lockerbie tragedy: the medical personnel who first faced the horror of 270 bodies strewn in the fields around Lockerbie, and in the town of Lockerbie itself; the hundreds of volunteers who walked the fields of Lockerbie to retrieve any piece of debris related to the breakup of the plane; the hundreds of FBI agents and Scottish police who undertook an unprecedented global investigation to identify those responsible; the prosecutors who worked for years - in some cases a full career - to see justice done.

But most importantly, your action makes a mockery of the grief of the families who lost their own on December 21, 1988.

You could not have spent much time with the families, certainly not as much time as others involved in the investigation and prosecution.

You could not have visited the small wooden warehouse where the personal items of those who perished were gathered for identification - the single sneaker belonging to a teenager; the Syracuse sweatshirt never again to be worn by a college student returning home for the holidays; the toys in a suitcase of a businessman looking forward to spending Christmas with his wife and children.

You apparently made this decision without regard to the views of your partners in the investigation and prosecution of those responsible for the Lockerbie tragedy.

Although the FBI and Scottish police, and prosecutors in both countries, worked exceptionally closely to hold those responsible accountable, you never once sought our opinion, preferring to keep your own counsel and hiding behind opaque references to "the need for compassion."

You have given the family members of those who died continued grief and frustration. You have given those who sought to assure that the persons responsible would be held accountable the back of your hand.

You have given Megrahi a "jubilant welcome" in Tripoli, according to the reporting. Where, I ask, is the justice?

Sincerely yours,

Robert S. Mueller, III

[Note by RB: On 6 August 2009, The Times published a report containing the following:

"The investigating officers who led the original inquiry into the Lockerbie bombing have made an unprecedented intervention in the case to argue against the release of the Libyan convicted of the attack.

"In a letter to the Justice Secretary, Kenny MacAskill, the Scottish police chief and the FBI boss who led the international investigation 20 years ago launch a powerfully worded plea against the release of Abdul Baset Ali al-Megrahi, who is serving a minimum sentence of 25 years for his part in the bombing.

"In the letter obtained by The Times, Stuart Henderson, the retired senior investigating officer at the Lockerbie Incident Control Centre, and Richard Marquise, the FBI special agent in charge of the US taskforce, whose detective work helped to convict Abdul Baset Ali al-Megrahi, insist that he is guilty. They also argue that his release would “nullify the dedicated work of dozens of law enforcement and intelligence officials around the world”."

It is therefore untrue for the Director to suggest that the decision was taken without regard to, or in ignorance of, the views of the investigators (or at least some of them). His complaint (if he has one at all) therefore has to be that the ultimate decision was not one that they approved of.

In civilised countries decisions regarding liberation of prisoners are not placed in the hands of policemen and prosecutors, nor are they accorded a veto over those decisions. Mr Mueller (and Mr Marquise) would probably wish that this were otherwise. The rest of us can be grateful that it is not.]


  1. FBI Director, Robert S Mueller, who boasts that he was Assistant Attorney General in charge of the investigation and indictment of Mr Megrahi in 1991, might find himself the subject of investigation when a United Nations Inquiry into the 1988 Lockerbie bombing is instituted in the coming months.

  2. Goodness me, I am finding it truly hard trying to keep pace with all these protestations on the nature of justice that are raining down from those on high at the moment. I feel like a child all of whose Christmases have come at once and who simply doesn't have enough hands or time to unwrap everything before bedtime. We seem almost to be within a hair's-breadth of someone blundering into: "it wasnae me guv, honest!" Then all the rats will be jumping ship like it's going out of fashion.

    "WHERE, I ASK, IS THE JUSTICE?" Well, well Mr Robert S, Mueller, III, you and your cohorts are better placed than most of us to reveal where the justice has been for the last twenty years, so, why don't you tell us?

  3. The whole official hysteria about the release of Mr. Megrahi and his - actually decent - arrival in Libya serves only one purpose: To prepare for another hysteria campaign against any call for an investigation of the Lockerbie affairs. It is a simple spin doctor trail. Unfortunately, most of the media don´t understand the background but are surfing on the surface of politics.

  4. Yes, Adam. Now go and have a nice lie-down!

  5. Would anyone care to comment on the word "blythely", not to mention the rest of the language. This is, after all, a letter from the HEAD of the Federal Bureau of Investigation.