Lockerbie secret files

[What follows is a section headed Lockerbie Secret Files from an article published today on Dr Ludwig de Braeckeleer's Intel Today website:]

Until this week, we knew of two secret sets of Lockerbie files. The first is the so-called Lockerbie X file. This set of docs deal with Major McKee, CIA Matt Gannon — and others US personal — who died on Pan Am 103. IT probably also deals with the large amount of cash and drugs recovered from the crash site as well as the presence of US explosives illegally carried by the civilian airliner. It is unlikely that this file was updated in 1992-93.

RELATED POST: FBI PSA : “Think Before You Post” — FLASHBACK : “The Helsinki Warning”

We also knew from the SCCRC Report that the two secret letters (under PII) were sent by the King of Jordan to John Major in September 1996.

I have already explained that the SCCRC findings clearly suggest the content of this letter. The reasoning of the SCCRC implies  that these “SECRET Letters” point to the PFLP-GC having received – one way or another – at least one MST-13 timer. (Whether this allegation is true or false is yet another story.)

The SCCRC concluded that if these documents had been made available to the defence, the judges could not have reached some of the conclusions that were necessary to convict Megrahi.

RELATED POST: LOCKERBIE SECRET DOC – What Do We Know?

RELATED POST: The Lockerbie Secret Doc: Khreesat and the Swiss

The undisclosed 1992-93 Lockerbie file from the Prime Minister almost certainly deals with yet another aspect of this extraordinary scandal.

[RB: The introduction preceding the section reproduced above, and the remaining sections of the article, headed Dr Richard Fuisz & the TEREX Affair and Why Hiding the 1992 Lockerbie File? should also be read.]

While most Americans refuse to accept Megrahi was innocent, it happens to be true

[What follows is the text of an item originally posted on this blog on this date in 2009:]

Susan Lindauer interview

The Intelligence Daily today carries an extended interview by Michael Collins with Susan Lindauer. One section reads as follows:

'Collins: What first triggered your concern about a possible attack involving airplanes and the World Trade Center? How did Lockerbie figure into the 9/11 warning?

'Lindauer: The Lockerbie Trial in the year 2000 got us thinking of what the next terrorist scenario would look like. The bombings of Pan Am 103 in December, 1988 and UTA (French airlines) in September, 1989 were the last attacks involving airplanes prior to September 11, 2001. Our team worried openly that the Trial of the two accused Libyans would inspire a sort of "tribute attack" to the success of Lockerbie.

'The problem is that while most Americans have refused to accept that Libya's man, Mr Megrahi was innocent of the crime, it happens to be true. And terrorists groups know that. They know very well who was responsible for planting the bomb on Pan Am 103, and they know that those individuals have never been brought to justice. Indeed, throughout the Trial, when the US made such a poor showing of forensic evidence against the accused Libyans, that US failure was gossip throughout the Middle East. As Dr [Richard] Fuisz used to say, terrorist groups thought that for all the mighty resources of US Intelligence, the US was either too stupid to catch them. Or we were afraid because the real terrorists are "too big."

'Either of those beliefs stood to create a huge and irresistible provocation to the younger generation of jihadis. It was an easy step to anticipate that younger terrorists would be inspired to launch a tribute attack to the "heroes" who came before them. On that basis, we drew up an extreme threat scenario that the next major attack would most likely involve airplane hijackings or airplane bombings.

'That is exactly what happened by the way. Back in the 1980s, Osama bin Laden called Ahmed Jibril "a hero" and "the greatest fighter against Israel who ever lived."

'Sure enough, my own extensive sources in the Middle East have repeatedly told me that Ahmed Jibril was the true mastermind of Lockerbie - and so we find the 9/11 puzzle fits together exactly.'

[RB: The Intelligence Daily website no longer seems to exist. However, the interview can be read in full here.]

CIA held Syrian militants responsible for Lockerbie bombing

[This is the headline over an article by Jon Swaine that was published on The Telegraph website on this date in 2013. It reads as follows:]

The CIA secretly held Syrian militants, rather than Libya, responsible for the Lockerbie bombing, according to newly unearthed testimony from a former US spy in the Middle East.

Dr Richard Fuisz said in a sworn deposition in 2001 that he was told by up to 15 senior Syrian officials that the Popular Front for the Liberation of Palestine-General Command (PFLP-GC) had carried out the attack.

He also testified that CIA bosses told him the PFLP-GC was responsible, according to a lawyer's note of a second deposition. Ahmed Jibril, the group's founder leader, who is still alive at 75, was singled out as being to blame for the downing of Pan Am flight 103 over Scotland in December 1988, killing 270 people.

"Numerous high officials in the Syrian government were quite affirmative on Jibril's involvement in Pan Am 103," Dr Fuisz told lawyers, during his deposition in Virginia in 2001.

Dr Fuisz gave his depositions in 2000 and 2001 at the request of Megrahi's defence lawyers. However, the evidence came too late to be used in the trial. They were first published by Channel 4 News. The CIA declined to comment.

Muammar Gaddafi's Libyan regime was publicly blamed by the US for the attack, and Abdelbaset al-Megrahi was convicted of the bombing in 2001. He was later released and died last year in Libya.

But serious doubts about the conviction have been raised by investigative journalists for several years, centring on forensic evidence, and Libya has strenuously denied involvement.

The PFLP-GC were in fact the first prime suspects in the investigation.

Experts suggested it may have been ordered by the Iranian government as revenge for the accidental shooting down of an Iranian passenger jet by a US battleship months earlier, killing 290.

They added that blame may have been diverted from Iran in order to protect secret and delicate negotiations by George Bush's US administration over western hostages.

Dr Fuisz, a businessman who is said to have been a senior US intelligence asset in the Middle East in the 1980s and 90s, said that the Syrian officials he spoke to interacted with Jibril "on a constant basis" and that he was widely regarded to be the mastermind behind the bombing.

Asked who the Syrian officials cited as their source for the information, he said: "My recollection is they were direct. They were not hearsay sources on their part." Asked if that he understood that to mean that he was "being told by members of the Syrian government that Jibril, and or members of the PFLGC were taking credit for the bombing," he replied: "Yes".

CIA witness gagged by US government

[This is the headline over a report published in the Sunday Herald on this date in 2000. It reads in part:]

A former CIA agent who claims Libya is not responsible for the Lockerbie bombing is being gagged by the US government under state secrecy laws and faces 10 years in prison if he reveals any information about the terrorist attack.

United Nations diplomats are outraged that the US government is apparently suppressing a potential key trial witness. Diplomats are now demanding that the CIA agent, Dr Richard Fuisz, be released from the gagging order. Fuisz, a multi-millionaire businessman and pharmaceutical researcher, was, according to US intelligence sources, the CIA's key operative in the Syrian capital Damascus during the 1980s where he also had business interests.

One month before a court order was served on him 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.

Lindauer, shocked by Fuisz's claims, immediately compiled notes on the meeting which formed the basis of a later sworn affidavit detailing Fuisz's claims. One month after their conversation, in October 1994, a court in Washington DC issued an order barring him from revealing any information on the grounds of "military and state secrets privilege".

When contacted by the Sunday Herald last night, Fuisz said when asked if he was a CIA agent in Syria in the 1980s: "That is not an issue I can confirm or deny. I am not allowed to speak about these issues. In fact, I can't even explain to you why I can't speak about these issues." Fuisz did, however, say that he would not take any action against a newspaper which named him as a CIA agent.

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."

Fuisz's statements to Lindauer support the claims of the two Libyan accused who are to incriminate a number of terrorist organisations, including the Popular Front for the Liberation of Palestine-General Command, which had strong links to Syria and Iran.

Lindauer said Fuisz told her he could provide information on Middle Eastern terrorists, and referred to Lockerbie as an “example of an unsolved bombing case that he said he has the immediate capability to resolve”.

Lindauer says Fuisz told her CIA staff had destroyed reports he sent them on Lockerbie. Lindauer also refers in her affidavit to speculation that the USA shifted any connection to Lockerbie away from Syria to Libya in return for its support during the Gulf war.

She added that Fuisz told her: “If the [US] government would let me, I could identify the men behind this attack today. I could do the right thing … I could go into any crowded restaurant and pick out these men … I can tell you their home addresses … You won’t find [them] anywhere in Libya. You will only find [them] in Damascus. I was investigating on the ground and I know.”

The 1994 gagging order was issued following disclosures by Fuisz during other legal proceedings about alleged illegal exports of military equipment to Iraq. The order claims that the information held by Fuisz is vital to the “nation’s security or diplomatic relations” and can not be revealed “no matter how compelling the need for, and relevance of, the information”. The submission also makes clear that the government is empowered to “protect its interests in this case in the future”, thereby gagging Fuisz permanently.

Details of Fuisz’s gagging have been passed to the United Nations, including UN secretary general Kofi Annan, Russia’s UN ambassador Sergey Lavrov and the Libyan UN ambassador, as well as representatives of France and China. The report on the Fuisz gagging, containing Lindauer’s affidavit, refers to “the history of US interference … [and] … sabotage by the United States”.

One senior UN diplomat said: “In the interests of natural justice, Dr Fuisz should be released from any order which prevents him telling what he knows of the Pan Am bombing.” With Fuisz prohibited from speaking, neither the defence nor prosecution can call him as a witness.

A legal source close to Fuisz said: “We want the truth out. The naming of knowledgeable witnesses who can’t be called would utterly change the face of this trial. Dr Fuisz obviously cannot claim he has any knowledge because of national security issues and he could face 10 years in jail. However, if he is not allowed to talk the entire case should be dropped.

“Apart from the US government freeing him from the gag, the only way to allow him to speak would be to subpoena him to the Scottish Court, but the court has no power of subpoena in America.”

The Sunday Herald will make the Lindauer affadvit and Fuisz gagging order available to both the Crown and defence if they require the documents.

Charges against Susan Lindauer dropped

[What follows is excerpted from an article by Michael Collins published on the Scoop website:]

(Jan 16, Wash DC) The Department of Justice entered a motion to drop all charges against Susan Lindauer yesterday morning, Jan 15, 2009. The filing (...) at the federal district court in lower Manhattan ends the government's attempt to prosecute her for allegedly acting as an "unregistered agent" for Iraq. Since her arrest in early 2004, she has repeatedly asked for a trial to present evidence that she had been a United States intelligence asset since the early 1990s.

By filing this order, the government surrendered forever its ability to prosecute Lindauer as an "Iraqi foreign agent" and for lesser charges contained in the indictment, including a one week trip to Baghdad in March, 2002.

Lindauer made the following statement today, Jan 16, 2009: "I am disgusted by this case. They think that they have defeated me by denying my day in court. It could not be more wrong. If we can't have a criminal trial, we're going to have a civil trial for damages."

Lindauer was arrested in March, 2004 shortly after offering to testify before a Bush appointed blue ribbon commission evaluating US pre-war intelligence on Iraq. In late February, she informed the offices of two commission members, Sen McCain (R-AZ) and Trent Lott (R-MS), that she could testify that US pre-war intelligence was proactive and effective, not a popular view at that time.

Lindauer has adamantly maintained her innocence of all charges since her arrest. In addition to the "unregistered agent" charge, the government alleged that she had taken an unauthorized trip to Baghdad, and attended meetings with Iraqi intelligence agents at the Iraqi Embassy at the United Nations. Lindauer planned an aggressive defense with evidence that showed both government knowledge and authorization of her activities plus a history of activity on behalf of US intelligence.

Lindauer offered an affidavit concerning the Lockerbie bombing in 1998. Her statement was based on her discussions with Dr Richard Fuisz, whom she named as her CIA handler. Dr Fuisz was said to be "a major operative in the Middle East in the 1980s." Since then the Scottish Criminal Cases [Review] Commission has since uncovered irregularities in the evidence against the two Libyans convicted of the bombing of Pan Am flight 103 over Lockerbie, Scotland.

[RB: The Susan Lindauer saga can be followed here.]

No Libyan national was involved in planning or executing

[What follows is the text of a notarised deposition by Susan Lindauer dated 4 December 1998, as reproduced here on the Middle East Intelligence Bulletin website:]

My name is Susan Lindauer. I reside in Silver Spring, Maryland, one of the suburbs outside the District of Columbia in the United States of America. At the time these events took place, I was living inside the District of Columbia, at 1002 C Street NE on Capitol Hill.

In offering this deposition, I hereby inform the court and all interested parties at the United Nations that I have never accepted any financial compensation from any of the individuals, or governments involved in this case, in any form of cash or non-cash payment. Furthermore, I have never solicited nor received promise of future payments in exchange for this testimony. My reasons for coming forward reflect my own deepest personal values, and my sense of obligation to the cause of international peace and security. I remain deeply persuaded that justice must never be confused with convenience or political scapegoating, and that the issues of this case, including the prosecution of terrorist activities and the imposition of sanctions that seek to isolate an entire Arabic population, are too important in this contemporary age for a lie to stand unchallenged. And so let it be understood by the court: I make these statements of my own free will, out of respect to my own conscience and sense of obligation as a world citizen.

This deposition pertains to my direct and immediate knowledge of an American named Dr Richard Fuisz, and unequivocal statements by Dr Fuisz directly to me that he has first hand knowledge about the Lockerbie case. 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. He has also made direct statements to me describing harassment that he has suffered for trying to provide this information to the families of Pan Am 103 and prosecuting authorities in the United States government.

I first met Dr Richard Fuisz in his business office in Chantilly, Virginia in the United States of America. The date was September, 1994. I had been invited to meet Dr Fuisz by a mutual acquaintance because of my position as press secretary to former Congressman Ron Wyden (a Democrat from Oregon), and because of my known longstanding interest in the Middle East. Wyden is now a United States Senator, and I have continued my career in TV journalism and public affairs. For the record, my relationship with Dr Fuisz has remained purely professional, and based strictly on my respect for his integrity and incredible, indepth knowledge of the Middle East.

Dr Fuisz told me in September, 1994 that he had lived in Syria during the 1980s, and that he maintained close ties to Saudi Arabia and the Middle East overall. Mutual friends and associates have confirmed this. He was vague as to what capacity he was working, but after our conversation, I concluded by myself that he must have been feeding US intelligence efforts. He told me that he had infiltrated a network of Syrian terrorists tied to the Iranian Hezbollah, who, at the time of his residence in Damascus, were holding Americans hostage in Beirut. Dr Fuisz impressed on me that he had identified the organizers behind the hostage crisis, and that he had actually located the streets and buildings where those Americans were being held captive, at tremendous personal risk, in order to try to orchestrate a rescue. This information was later confirmed by a third party source.

We talked a great deal about how the sale of heroin/opium from the Bekaa Valley in Lebanon is financing terrorist activities on a global scale. I must add, the rise of heroin in street markets all over the U.S. is a most insidious trend with enormous human costs, which has further motivated my determination to stay involved in this question of Pan Am 103. (The bombing of Pan Am 103 was intended to strike drug enforcement agents of the United States, in reprisal for their aggressive efforts.)

As further evidence of his deep infiltration of terrorist circles, occasionally Dr Fuisz pointed to photographs on his wall that showed individuals engaged in social activities at private homes. He said they were some of the "most famous terrorists in the Middle East," to use his words. Obliquely he told me they might be household names in the United States.

Dr Fuisz asked for my help as a congressional staffer because he said he had a problem. After testifying before a congressional committee about an American company that supplied Iraq with SCUD mobile missile launchers, he complained of being seriously harassed in lawsuits and by the US Internal Revenue Service. Efforts by his attorneys to stop this harassment had been answered with warnings from the highest levels that he should never have talked about US arms supplies to Iraq, and that he should stop trying to contact families tied to Pan Am 103.

In fact, this was the context for how the Pan Am bombing came up in our conversation. He said to me, gosh, [note to MEIB: he used much stronger language and profanities that I did not think would be appropriate for a deposition] I could be providing so much more information about Middle Eastern terrorists, except the United States government doesn't want anybody talking about Syria. Then he jumped into the Lockerbie case by way of example of unsolved bombing cases that he said has the immediate capability to resolve. He complained that he was getting shafted for trying to assist a cause that American leaders profess to care very much about. In essence, he insisted the messenger was getting shot for delivering the message.

Dr Fuisz made it very clear that he knows a great deal of insider knowledge about this case. Because of his Syrian ties, he told me he "was first on the ground in the investigation," to use his words. At one point, I said to him, "Oh yeah, everybody knows Syria did it, and the US repaid them for supporting us during the Iraqi War by shifting the blame to Libya."

Immediately he cut me off.

"Susan, ­do you understand the difference between a primary source and a secondary source? Those people in Virginia are analysts. They're reading reports from the field, but they don't have first-hand contact with events as they're happening on the ground. Or first hand knowledge about what's taking place. So they don't actually know it, even if they think they do."

"I know it, Susan. I know it. That's the difference. Because of my Syria contacts, I was the first on the ground in the investigation. I was there. They're reading my reports." (His emphasis. Then he laughed sarcastically.) "In this case, they're reading them and destroying them." (And he threw up his hands.)

He continued on:

"Susan, if the (United States) government would let me, I could identify the men behind this attack today. I could do it right now. You want a police line up? I could go into any crowded restaurant of 200 people, and pick out these men."

"I can identify them by face, by name." He started gesticulating, and counting off on his fingers. "I can tell you the address where they work, and what time they arrive at their office in the morning. I can tell you what time they go to lunch, what kind of restaurants they go to, and what time they leave their offices to go home for the day. I can tell you their home addresses, the names of their wives if they're married, the names and ages of all their children. I can tell you about their girlfriends. I can even tell you what type of prostitutes they like."

"And you know what, Susan? You won't find this restaurant anywhere in Libya. No, you will only find this restaurant in Damascus. I didn't get that from any report, Susan." Dr Fuisz started shaking his head. "I got it because I was investigating on the ground, and I know. Do you understand what I'm saying to you now? I know!"

To which I answered. "For God's sakes tell me, and I'll get my boss to protect you."

Then he got really mad. "No, no ­ It's so crazy. I'm not even allowed to tell you, and you're a congressional staffer." Then he repeated his story about the Terex lawsuit against both him and New York Times reporter Seymour [Hersh], (the famous Pulitzer Prize winner), whose only crime was reporting Dr Fuisz testimony at the congressional hearing.

This was how I learned that Dr Fuisz is covered by the Secrets Act, which severely restricts his ability to communicate information about Pan Am 103. Though he says freely that he knows first hand that Libya was not involved in any capacity whatsoever, it's my understanding that he can provide no further details regarding his part in the investigation, or details identifying the true criminals in this case.

This is tragic on two accounts. First, the accused Libyans are effectively denied the right to a fair trial where they might bring forth witnesses in their own defense, which could immediately exonerate them of all charges. And secondly, the families are denied the ability to close this terrible wound, and experience the healing that would be gained from discovering the complete truth and facts surrounding this case.

On both accounts, I cannot be silent. I suspect my disclosure will grieve the families with the horrible revelation that US government officials have behaved so cynically and despicably as to withhold evidence in this case. And yet such a cynical and desperate act must be condemned by civilized society. I dare say Libya is entitled to financial compensation for the economic harassment her people have endured because of these blatantly false accusations, and the deliberate efforts to mislead potential judges, and victimize potential witnesses by a policy of aggressive harassment and punishment for speaking out. Meanwhile, the true culprits have literally gotten away with murder.

For shame on all of you!

This ends my deposition.

Signed this 4th Day of December, 1998 In the presence of a notary public.

(Lindauer's signature and the crest of the notary stamp)

Fresh twists in the Lockerbie case

[This is the headline over a long article by John Ashton on the Consortium News website. It reads in part:]

On Oct 15, Scotland’s prosecuting authority, the Crown Office, announced that two Libyan men are being treated as suspects in the 28-year-old Pan Am 103 bombing case. They were widely reported to be Abu Agila Masud, an alleged bomb-maker, and Abdullah Senussi, Muammar Gaddafi’s former security chief. Both were associates of the only person convicted of the bombing, Abelbaset al-Megrahi, who died in 2012.

The development came almost 15 years after Megrahi’s trial, but only two days after the broadcast by PBS Frontline of a three-part documentary My Brother’s Bomber. Trailed by a long article in the New Yorker, the film was made by Ken Dornstein, a former Frontline staffer whose older brother David was one of 270 who died when Pan Am 103 was destroyed over the Scottish town of Lockerbie on Dec 21, 1988.

The documentary reveals that Masud was named by a German judge as the technical expert responsible for the 1986 bombing of the La Belle nightclub in Berlin. That attack, which killed three, including two US servicemen, and injured many more, led to the US air strikes on Libya, for which Libya allegedly took revenge with the bombing of Pan Am 103.

Megrahi flew with Masud from Malta to Libya on the morning of the Lockerbie bombing having, according to the prosecution, placed a suitcase containing a bomb on an Air Malta flight to Frankfurt. The unaccompanied suitcase was allegedly transferred to a feeder flight to London Heathrow and again at Heathrow on to Pan Am 103.

Megrahi denied knowing Masud, yet the two men were on other flights in the run-up to Lockerbie and, according to the film, Masud was in the car that met him on his return to Libya in 2009, following his release from prison in Scotland. (...)

There is no doubt that Libya supported terrorist groups and that at least one Libyan, Musbah Eter, who was an official at the Libyan People’s Bureau in East Berlin, was involved in the La Belle bombing. Eter was convicted for his role following a confession in which he implicated his co-accused, Palestinian Yassar Chraidi, Lebanese-born German Ali Chanaa (both of whom worked at the People’s Bureau) and Chaana’s wife Verana.

He implicated a number of others, including Masud, whom he described as a bomb technician. Masud was never apprehended for the bombing and when German prosecutor Dethlev Mehlis went to Libya to interview witnesses all denied his existence — as did the Libyan witnesses in the Lockerbie case.

Less Straightforward

There is also no doubt that the La Belle case is far less straightforward than portrayed in the film. At the time of the bombing, the Reagan administration was involved in a large, secret and dirty war against Libya. From the time Reagan took office in 1981 his government exaggerated the country’s role in terrorism, which it claimed — falsely — was central to a Soviet-directed global conspiracy against the West.

At the same time, the Reagan administration downplayed the role of equally active terrorist states Syria and Iran. There were two reasons for this: firstly, those countries held far greater strategic power in the Middle East than Libya; and secondly, their militant proxies held US hostages in Lebanon. The hostages’ safe return was an obsession that led the administration into the Iran-Contra scandal.

Under the direction of CIA’s rabidly neocon director, William Casey, the Agency launched a massive covert campaign against Libya, aimed at toppling Gaddafi. It was run from the National Security Council by the same people who ran the Iran-Contra operation, including Oliver North.

Disinformation was central to the campaign. In 1981, the CIA put out a false story that Gaddafi has sent a hit squad to the US to assassinate Reagan. The White House played along using an unmarked car to drive Reagan while decoy limousines were used to dupe the non-existent gunmen.

By the mid-1980s, the White House hardliners were hungry for an excuse to attack Libya and NSC staff drew up plans to provoke Libya in to a response that would provide the excuse they needed. Naval exercises were conducted off the Libyan coast in which Libyan vessels were hit and territorial water repeatedly violated.

Gaddafi appeared not to take the bait. Then, on April 5, 1986, came the La Belle bombing. The White House soon announced that it had irrefutable evidence of Libya’s involvement. Nine days later came the air strikes against Libya, which came within a whisker of killing Gaddafi.

The “irrefutable evidence” was intercepts of incriminatory messages sent between the Libyan government and the East Berlin People’s Bureau. Libyan intelligence traffic was normally processed and evaluated by a group known as G-6 at the National Security Agency, before being forwarded elsewhere.

An investigation by Seymour Hersh for The New York Times established that the La Belle intercepts were never sent to G-6. An NSA official told him “The G-6 section branch and division chiefs didn’t know why it was taken from them. They were bureaucratically cut out and so they screamed and yelled.”

Another explained, “There is no doubt that if you send raw data to the White House, that constitutes misuse because there’s nobody there who’s capable of interpreting it. . . . You screw it up every time when you do it –– and especially when the raw traffic is translated into English from a language such as Arabic, that’s not commonly known.”

The eventual prosecution of Eter and his three co-accused was reliant upon Eter’s confession and corroborating material from the files of the former East German security service, the Stasi. (Chaana also confessed but his evidence was not considered as important and Eter’s.) The Stasi had a number of informants within Berlin’s Arab communities, including Chaana, and kept a close watch on the East Berlin Libyan People’s Bureau.

Double-Dealing

During the 1980s, Berlin was a pit of Cold War double-dealing. The Stasi files indicate that among the Arab communities survival and personal advancement often trumped loyalty to any particular cause. The information relayed to the Stasi by its Arab informants might be cast iron, but against this background it’s also possible that they were recycling each other’s inventions.

The East Berlin Libyan People’s Bureau, in particular, hosted numerous personal rivalries and little mutual trust. Eter was one of the more interesting vipers in the nest. According to the Stasi and a 1998 investigation by the German TV channel ZDF, he was a CIA asset. ZDF discovered that, at the time he made his confession in 1996, he was running a CIA front company in Malta.

The year before La Belle he was named as a suspect in the assassination in West Germany of a Libyan dissident called Jibril el-Dinali. (Der Spiegel reported at the time that dissidents believed that the German federal police, the BKA, had supplied their secret addresses to Libyan officials in return for intelligence about the German terrorist group the Red Army Faction, which had received Libyan support.)

Eter is Ken Dornstein’s key witness and will be central to any prosecution of Masud and Senussi. According to the film, since Dornstein made contact, he has told the FBI that Masud and Megrahi were pivotal to the Lockerbie plot. He claims that Masud told him personally that he was responsible for both the Lockerbie and La Belle bombings.

Unfortunately for anyone tasked with prosecuting at a trial of the new suspects, the CIA connection and his murderous past leave Eter with a credibility problem. So too does the fact that he waited 19 years after confessing to talk about Lockerbie.

Other Stasi informants involved in the case had a relationship with the CIA, as did some of those originally implicated in the bombing. One was a close associate of Chraidi’s, Mahmoud Abu Jaber, who with his brother Mohamed ran a freelance Palestinian terrorist cell that was mistrusted by other Palestinians.

The Stasi learned that the CIA knew that Mahmoud Abu Jaber and another cell member, Khaled Shatta, were involved in the bombing. They mixed regularly with the Chraidi and the other defendants and hours before the attack they travelled to West Berlin. They were watched by the Stasi and KGB, both of which concluded that they were working for Western intelligence.

One declassified KGB document suggested that Mahmoud Abu Jaber was a CIA agent provocateur, who was used to create a case against Libya. Group member Mahmoud Amayiri, who was both Shatta’s brother and Mahmoud Abu Jaber’s right-hand man, confirmed to ZDF through his Norwegian lawyer that he had been working for Mossad. He had fled Germany for Norway in 1990, following the issuing of an arrest warrant, which was later dropped.

The idea that some of the La Belle plotters were western agents provocateur is not far-fetched. A 1997 investigation by British Channel 4 TV’s Dispatches series revealed that the CIA-funded anti-Gaddafi terrorist group Al-Burkan was involved in the 1984 murder of police officer Yvonne Fletcher, who was killed when staff at the London Libya People’s Bureau opened fire on a crowd of anti-Gaddafi demonstrators.

A member of a Berlin criminal gang connected to Al-Burkan described transporting the murder weapon to London and handing it over to an Al-Burkan member. The program uncovered evidence that the fatal shot was fired from a building adjacent to the People’s Bureau used by the UK intelligence services. It also claimed that Al Burkan had moles within the People’s Bureau.

Reluctant Cooperation

The US government was reluctant to share its intelligence about La Belle with the Germans and it was not until 1996 that it did. It appeared to be convincing and included transcripts of intercepted messages, allegedly between Tripoli and the East Berlin Libyan People’s Bureau. Among other things, these suggested that senior Libyan intelligence official Said Rashid, a friend and relative of Megrahi’s, coordinated the attack.

The US government may well have believed the intercepts to be genuine, but, according to former Mossad agent Victor Ostrovsky, they were an elaborate hoax. In his 1994 memoir, The Other Side of Deception, he claimed that the messages were in fact part of a Mossad disinformation operation codenamed Trojan.

Ostrovsky said that a few weeks before the bombing Israeli commandos secretly installed special communications equipment in an apartment near Colonel Gaddafi’s headquarters, which was subsequently used to broadcast phony terrorist orders. Neither German prosecutor Mehlis, nor the FBI, contacted Ostrovsky about his claims.

While none of this rules out Libyan sponsorship of La Belle, it does flash a warning that we should treat the official account with caution.

An even thicker fog surrounds Lockerbie. The CIA’s campaign against Libya did not end with the 1986 raids, indeed a few months after them President Reagan signed a secret National Security Decision Directive, which, according to a leak to Watergate journalist Bob Woodward, ordered “covert, diplomatic and economic steps designed to . . . bring about a change of leadership in Libya.”

In view of what we now know about Lockerbie, it’s not outlandish to suggest that those covert steps may have included manipulating the investigation behind the backs of the police and prosecutors.

Declassified US intelligence documents state as fact that the bombing was not Gaddafi’s revenge for the 1986 raids, but was rather Iran’s for the US Navy’s accidental shoot-down of Iran Air flight 655 over the Arabian Gulf, which killed 290 people six months before Lockerbie.

According to the documents, the Iranians contracted out the job to the Syrian-based Popular Front for the Liberation of Palestine — General Command, which had a track record of blowing up aircraft. One document, from 1991, stated, without naming the PFLP-GC, that the Iranian interior minister Ali Akbar Mohtashemi paid the bombers $10 million.

Former CIA agent Robert Baer has provided some of the details of the Iranian/PFLP-GC plot and another, Richard Fuisz, revealed in a court deposition that he was told by numerous senior Syrian officials closely connected to the PFLP-GC that the group carried out the attack.

Two months before Lockerbie members of the group were arrested in Germany, including bomb-maker Marwan Kreesat, who had made the bombs used in previous attacks. He admitted building bombs into Toshiba BomBeat radio cassette players — the same brand that housed the Lockerbie bomb —and said the group was planning to strike a western airliner. Other members of the group and at least one of his bombs evaded detection.

A Strange Warning

Less than three weeks before the bombing, the State Department’s Office of Diplomatic Security (ODS) warned that unnamed radical Palestinians in Europe were planning to target Pan Am. The warning came three days before the better known and entirely separate warning received by the U.S. embassy in Helsinki that an attack on Pan Am was imminent.

Whereas the Helsinki warning was written off as a hoax, the ODS warning, which was not revealed until seven years after the bombing, has never been adequately explained.

The key evidence that led the investigators away from Iran and PFLP-GC towards Libya was a small piece of circuit board known as PT/35(b), found within a blast-damaged piece of a Maltese-made shirt. The prosecution case at Megrahi’s trial was that it matched boards made to order for Swiss company Mebo by its supplier Thüring.

Crucially Mebo used the boards in timers called MST-13s, which it had designed and built 20 for the Libyan intelligence service. Megrahi was a partner in a Libyan company that rented part of Mebo’s Zurich offices.

Well before Lockerbie, the CIA had an MST-13 timer that had been seized in Togo in 1986 and photos of the one seized in Senegal in 1988. Prosecution statements by a CIA technical expert, disclosed six years after Megrahi’s conviction, revealed that the Agency was also aware before Lockerbie that the timers had been made by Mebo and supplied to Libya.

The Agency had a backchannel to Mebo boss Edwin Bollier via the Swiss police, so it’s likely that it knew of Megrahi’s connection to Mebo via his company ABH. (The Stasi, who had a relationship with Bollier from at least the early 1970s, were convinced by the late 1980s that he was a direct CIA asset.)

The story of the PT/35(b) fragment is ridden with evidential anomalies. Megrahi’s trial team highlighted a number of discrepancies concerning the fragment, including the fact that the handwritten description on the police label attached to the piece of shirt had been surreptitiously changed from “Cloth” to “Debris.”

There were numerous other discrepancies not raised at trial. These included German documents that reported that the Scottish police had told the German federal police that PT/35(b) had been found in January 1990, seven months after it was officially found.

In his memoir Scotbom: Evidence and the Lockerbie Investigation, the head of the FBI’s Lockerbie investigation, Richard Marquise, revealed that he and his Scottish counterpart, Stuart Henderson, speculated that the fragment was a CIA plant. They dismissed the suggestion on the grounds that “Neither of us believed the CIA or any government official would do such a thing.”

However, Marquise also revealed that their Swiss police counterpart suspected it was a plant. This is especially interesting in view of a claim made in an affidavit by Mebo technician Ulrich Lumpert, who designed the boards and produced prototypes, that a year before the Lockerbie investigators had linked PT/35(b) to Mebo the Swiss police visited him and took with them a prototype board.

Shortly before Megrahi’s trial, the Scottish prosecutors received information from witnesses in the US suggesting that an electronics company in Florida had made replica MST-13s for the CIA, but the lead was not properly investigated.

A Miscarriage of Justice

Documents unearthed by Scottish Criminal Cases Review Commission (SCCRC) — the statutory body that investigates alleged miscarriages of justice in Scotland — highlighted more anomalies. They included a police memo stating that PT/35(b) had been tested for explosive residues and found to be negative, which contradicted the court testimony of the Crown’s forensic experts, who said that no such tests had been done.

As Frontline’s documentary, My Brother’s Bomber, points out, the SCCRC investigated Bollier’s claim that the fragment was fabricated and found it to be baseless. However, the film fails to mention that both the SCCRC and Bollier missed the most important discrepancy concerning PT/35(b), which only emerged during preparations for Megrahi’s second appeal in 2009.

Metallurgical analysis showed that the fragment’s copper circuitry was plated with pure tin, whereas the boards made by Thüring, which were used in the timers supplied to Libya, were plated with a tin-lead alloy. Crown scientists had speculated that the explosion had changed the plating, but tests commissioned for the appeal disproved the theory. The work demonstrated beyond doubt that the Lockerbie fragment was not, as the court had accepted, a match for the Libyan MST-13s.

Other important forensic items had a dubious provenance. Among them was a collection of small charred circuit board fragments that apparently originated from a Toshiba BomBeat RT-SF16 radio cassette player.

A large proportion of the global production total of the model had been bought by the Libyan General Electrical Company, which was run by Said Rashid. The fragments appeared to be compelling evidence of Libyan involvement in the bombing, but, like PT/35(b), their origin is questionable. They were discovered by an air accident investigator within a folded piece of aluminum from the luggage container that housed the bomb suitcase.

Giving evidence at Megrahi’s trial, the investigator could not suggest how the blast could have caused the fragments to become trapped within the aluminum. He was sure that the fold had not occurred at the time of the explosion, which suggested that someone had placed the fragments within the aluminum after the blast.

Also of great importance to the prosecution case was a fragment of brown checked trousers containing a sewn-in label of a Maltese manufacturer called Yorkie. The item led the police to a shop in Malta called Mary’s House, where the proprietor, Tony Gauci, recalled selling a bundle of clothes — including brown checked trousers and other items found among the Lockerbie debris — to an oddly behaved Libyan a few weeks before the bombing.

Two years later, Gauci picked out Megrahi from a photo line-up, although he was considerably younger, smaller and lighter skinned than the man described by Gauci.

When the trouser fragment was first examined, the Yorkie label was seen by neither the forensic examiner nor the police officer present despite being easily visible. When questioned about it by the Scottish Criminal Cases Review Commission, both said they could not have missed it, which suggested that the label appeared after the examination.

The CIA not only knew before Lockerbie that Mebo had supplied MST-13 timers to Libya, they also knew that Megrahi regularly travelled to Malta, that he was related to Said Rashid and others high up within Libyan intelligence and security, and that Rashid was the head of the Libyan General Electrical Company. Much of this knowledge it attempted to conceal.

No Dissident

According to the former deputy chief of the US State Department’s counterterrorism division, the Diplomatic Security Service, Fred Burton, a CIA official told him before New Year in 1988 that the bomb was in a Maltese-originating brown Samsonite.

Burton is no Lockerbie dissident — he believes Megrahi and Libya were guilty — but, if true, his indiscretions throw a big wrench into the prosecution narrative, which held that the evidence to support the claim was uncovered by the police well in to 1989.

A number of rescue volunteers have described to me arriving in Lockerbie within two hours of the bombing to find a group of American agents already present. According to the official narrative, this never happened and the first US government staff only arrived three hours later.

Police officers reported concerns that Americans had unsupervised access to the crash site and a British helicopter crew member told me that the day after the bombing his crew ferried CIA agents around the site.

Some potentially significant forensic items found at the crash site disappeared, among them an AA battery with a piece of wire soldered to one of its terminals. German police photographs of the PFLP-GC’s Toshiba bomb showed that it incorporated AA batteries with wires soldered to their terminals.

Anyone raising these evidential anomalies gets branded a conspiracy theorist by the supporters of the official narrative, yet that narrative and the one newly minted by My Brother’s Bomber are themselves elaborate conspiracy theories.

When the theories and counter-theories are cast aside in favor of hard facts, the official narrative is no longer tenable. Not only did PT/35(b) not originate from one of the timers supplied to Libya, but Megrahi was clearly not the man who bought the clothes for the bomb suitcase and that purchase took place when he was not in Malta. New analysis of the baggage evidence demonstrates that the bomb suitcase originated from London Heathrow, rather than Malta.

Perhaps the hardest fact of all for the defenders of Megrahi’s conviction — which has barely been reported in all the coverage generated by My Brother’s Bomber — is that in 2007 the conviction was referred back to the appeal court by the Scottish Criminal Cases Review Commission on no fewer than six grounds.

One of these was that the trial court judgment, delivered by three of Scotland’s most senior judges, was unreasonable. Four of the other grounds concerned non-disclosure by the prosecution of important evidence.

The terminally ill Megrahi abandoned the appeal in the belief that it would aid his application for compassionate release from prison. Sadly, the commission this month rejected an application by family members and relatives of some of the British victims of Pan Am 103 for a further review of the conviction.

It may be that the only way to re-test the evidence against Megrahi will be a trial of the two newly announced suspects. If that happens, don’t hold your breath for a guilty verdict.