Pan Am Flight 103 : Robert Mueller’s 30-Year Search for Justice | WIRED
Cet article décrit le rôle de Robert Mueller dans l’enquête historique qui a permis de dissimuler ou de justifier la plupart des batailles de la guerre non déclarée des États Unis contre l’OLP et les pays arabes qui soutenaient la lutte pour un état palestinien.
Aux États-Unis, en Allemagne et en France le grand public ignore les actes de guerre commis par les États Unis dans cette guerre. Vu dans ce contexte on ne peut que classer le récit de cet article dans la catégorie idéologie et propagande même si les intentions et faits qu’on y apprend sont bien documentés et plausibles.
Cette perspective transforme le contenu de cet article d’une variation sur un thème connu dans un reportage sur l’état d’âme des dirigeants étatsuniens moins fanatiques que l’équipe du président actuel.
THIRTY YEARS AGO last Friday, on the darkest day of the year, 31,000 feet above one of the most remote parts of Europe, America suffered its first major terror attack.
TEN YEARS AGO last Friday, then FBI director Robert Mueller bundled himself in his tan trench coat against the cold December air in Washington, his scarf wrapped tightly around his neck. Sitting on a small stage at Arlington National Cemetery, he scanned the faces arrayed before him—the victims he’d come to know over years, relatives and friends of husbands and wives who would never grow old, college students who would never graduate, business travelers and flight attendants who would never come home.
Burned into Mueller’s memory were the small items those victims had left behind, items that he’d seen on the shelves of a small wooden warehouse outside Lockerbie, Scotland, a visit he would never forget: A teenager’s single white sneaker, an unworn Syracuse University sweatshirt, the wrapped Christmas gifts that would never be opened, a lonely teddy bear.
A decade before the attacks of 9/11—attacks that came during Mueller’s second week as FBI director, and that awoke the rest of America to the threats of terrorism—the bombing of Pan Am 103 had impressed upon Mueller a new global threat.
It had taught him the complexity of responding to international terror attacks, how unprepared the government was to respond to the needs of victims’ families, and how on the global stage justice would always be intertwined with geopolitics. In the intervening years, he had never lost sight of the Lockerbie bombing—known to the FBI by the codename Scotbom—and he had watched the orphaned children from the bombing grow up over the years.
Nearby in the cemetery stood a memorial cairn made of pink sandstone—a single brick representing each of the victims, the stone mined from a Scottish quarry that the doomed flight passed over just seconds before the bomb ripped its baggage hold apart. The crowd that day had gathered near the cairn in the cold to mark the 20th anniversary of the bombing.
For a man with an affinity for speaking in prose, not poetry, a man whose staff was accustomed to orders given in crisp sentences as if they were Marines on the battlefield or under cross-examination from a prosecutor in a courtroom, Mueller’s remarks that day soared in a way unlike almost any other speech he’d deliver.
“There are those who say that time heals all wounds. But you know that not to be true. At its best, time may dull the deepest wounds; it cannot make them disappear,” Mueller told the assembled mourners. “Yet out of the darkness of this day comes a ray of light. The light of unity, of friendship, and of comfort from those who once were strangers and who are now bonded together by a terrible moment in time. The light of shared memories that bring smiles instead of sadness. And the light of hope for better days to come.”
He talked of Robert Frost’s poem “Stopping by Woods on a Snowy Evening” and of inspiration drawn from Lockerbie’s town crest, with its simple motto, “Forward.” He spoke of what was then a two-decade-long quest for justice, of how on windswept Scottish mores and frigid lochs a generation of FBI agents, investigators, and prosecutors had redoubled their dedication to fighting terrorism.
Mueller closed with a promise: “Today, as we stand here together on this, the darkest of days, we renew that bond. We remember the light these individuals brought to each of you here today. We renew our efforts to bring justice down on those who seek to harm us. We renew our efforts to keep our people safe, and to rid the world of terrorism. We will continue to move forward. But we will never forget.”
Hand bells tolled for each of the victims as their names were read aloud, 270 names, 270 sets of bells.
The investigation, though, was not yet closed. Mueller, although he didn’t know it then, wasn’t done with Pan Am 103. Just months after that speech, the case would test his innate sense of justice and morality in a way that few other cases in his career ever have.
ROBERT S. MUELLER III had returned from a combat tour in Vietnam in the late 1960s and eventually headed to law school at the University of Virginia, part of a path that he hoped would lead him to being an FBI agent. Unable after graduation to get a job in government, he entered private practice in San Francisco, where he found he loved being a lawyer—just not a defense attorney.
Then—as his wife Ann, a teacher, recounted to me years ago—one morning at their small home, while the two of them made the bed, Mueller complained, “Don’t I deserve to be doing something that makes me happy?” He finally landed a job as an assistant US attorney in San Francisco and stood, for the first time, in court and announced, “Good morning your Honor, I am Robert Mueller appearing on behalf of the United States of America.” It is a moment that young prosecutors often practice beforehand, and for Mueller those words carried enormous weight. He had found the thing that made him happy.
His family remembers that time in San Francisco as some of their happiest years; the Muellers’ two daughters were young, they loved the Bay Area—and have returned there on annual vacations almost every year since relocating to the East Coast—and Mueller found himself at home as a prosecutor.
On Friday nights, their routine was that Ann and the two girls would pick Mueller up at Harrington’s Bar & Grill, the city’s oldest Irish pub, not far from the Ferry Building in the Financial District, where he hung out each week with a group of prosecutors, defense attorneys, cops, and agents. (One Christmas, his daughter Cynthia gave him a model of the bar made out of Popsicle sticks.) He balanced that family time against weekends and trainings with the Marines Corps Reserves, where he served for more than a decade, until 1980, eventually rising to be a captain.
Over the next 15 years, he rose through the ranks of the San Francisco US attorney’s office—an office he would return to lead during the Clinton administration—and then decamped to Massachusetts to work for US attorney William Weld in the 1980s. There, too, he shined and eventually became acting US attorney when Weld departed at the end of the Reagan administration. “You cannot get the words straight arrow out of your head,” Weld told me, speaking of Mueller a decade ago. “The agencies loved him because he knew his stuff. He didn’t try to be elegant or fancy, he just put the cards on the table.”
In 1989, an old high school classmate, Robert Ross, who was chief of staff to then attorney general Richard Thornburgh, asked Mueller to come down to Washington to help advise Thornburgh. The offer intrigued Mueller. Ann protested the move—their younger daughter Melissa wanted to finish high school in Massachusetts. Ann told her husband, “We can’t possibly do this.” He replied, his eyes twinkling, “You’re right, it’s a terrible time. Well, why don’t we just go down and look at a few houses?” As she told me, “When he wants to do something, he just revisits it again and again.”
For his first two years at so-called Main Justice in Washington, working under President George H.W. Bush, the family commuted back and forth from Boston to Washington, alternating weekends in each city, to allow Melissa to finish school.
Washington gave Mueller his first exposure to national politics and cases with geopolitical implications; in September 1990, President Bush nominated him to be assistant attorney general, overseeing the Justice Department’s entire criminal division, which at that time handled all the nation’s terrorism cases as well. Mueller would oversee the prosecution of Panamanian dictator Manuel Noriega, mob boss John Gotti, and the controversial investigation into a vast money laundering scheme run through the Bank of Credit and Commerce International, known as the Bank of Crooks and Criminals
None of his cases in Washington, though, would affect him as much as the bombing of Pan Am 103.
THE TIME ON the clocks in Lockerbie, Scotland, read 7:04 pm, on December 21, 1988, when the first emergency call came into the local fire brigade, reporting what sounded like a massive boiler explosion. It was technically early evening, but it had been dark for hours already; that far north, on the shortest day of the year, daylight barely stretched to eight hours.
Soon it became clear something much worse than a boiler explosion had unfolded: Fiery debris pounded the landscape, plunging from the sky and killing 11 Lockerbie residents. As Mike Carnahan told a local TV reporter, “The whole sky was lit up with flames. It was actually raining, liquid fire. You could see several houses on the skyline with the roofs totally off and all you could see was flaming timbers.”
At 8:45 pm, a farmer found in his field the cockpit of Pan Am 103, a Boeing 747 known as Clipper Maid of the Seas, lying on its side, 15 of its crew dead inside, just some of the 259 passengers and crew killed when a bomb had exploded inside the plane’s cargo hold. The scheduled London to New York flight never even made it out of the UK.
It had taken just three seconds for the plane to disintegrate in the air, though the wreckage took three long minutes to fall the five miles from the sky to the earth; court testimony later would examine how passengers had still been alive as they fell. Nearly 200 of the passengers were American, including 35 students from Syracuse University returning home from a semester abroad. The attack horrified America, which until then had seen terror touch its shores only occasionally as a hijacking went awry; while the US had weathered the 1983 bombing of the Marine barracks in Beirut, attacks almost never targeted civilians.
The Pan Am 103 bombing seemed squarely aimed at the US, hitting one of its most iconic brands. Pan Am then represented America’s global reach in a way few companies did; the world’s most powerful airline shuttled 19 million passengers a year to more than 160 countries and had ferried the Beatles to their US tour and James Bond around the globe on his cinematic missions. In a moment of hubris a generation before Elon Musk and Jeff Bezos, the airline had even opened a “waiting list” for the first tourists to travel to outer space. Its New York headquarters, the Pan Am building, was the world’s largest commercial building and its terminal at JFK Airport the biggest in the world.
The investigation into the bombing of Pan Am 103 began immediately, as police and investigators streamed north from London by the hundreds; chief constable John Boyd, the head of the local police, arrived at the Lockerbie police station by 8:15 pm, and within an hour the first victim had been brought in: A farmer arrived in town with the body of a baby girl who had fallen from the sky. He’d carefully placed her in the front seat of his pickup truck.
An FBI agent posted in London had raced north too, with the US ambassador, aboard a special US Air Force flight, and at 2 am, when Boyd convened his first senior leadership meeting, he announced, “The FBI is here, and they are fully operational.” By that point, FBI explosives experts were already en route to Scotland aboard an FAA plane; agents would install special secure communications equipment in Lockerbie and remain on site for months.
Although it quickly became clear that a bomb had targeted Pan Am 103—wreckage showed signs of an explosion and tested positive for PETN and RDX, two key ingredients of the explosive Semtex—the investigation proceeded with frustrating slowness. Pan Am’s records were incomplete, and it took days to even determine the full list of passengers. At the same time, it was the largest crime scene ever investigated—a fact that remains true today.
Investigators walked 845 square miles, an area 12 times the size of Washington, DC, and searched so thoroughly that they recovered more than 70 packages of airline crackers and ultimately could reconstruct about 85 percent of the fuselage. (Today, the wreckage remains in an English scrapyard.) Constable Boyd, at his first press conference, told the media, “This is a mammoth inquiry.”
On Christmas Eve, a searcher found a piece of a luggage pallet with signs of obvious scorching, which would indicate the bomb had been in the luggage compartment below the passenger cabin. The evidence was rushed to a special British military lab—one originally created to investigate the Guy Fawkes’ Gunpowder Plot to blow up Parliament and kill King James I in 1605.
When the explosive tests came back a day later, the British government called the State Department’s ambassador-at-large for combating terrorism, L. Paul Bremer III (who would go on to be President George W. Bush’s viceroy in Baghdad after the 2003 invasion of Iraq), and officially delivered the news that everyone had anticipated: Pan Am 103 had been downed by a bomb.
Meanwhile, FBI agents fanned out across the country. In New York, special agent Neil Herman—who would later lead the FBI’s counterterrorism office in New York in the run up to 9/11—was tasked with interviewing some of the victims’ families; many of the Syracuse students on board had been from the New York region. One of the mothers he interviewed hadn’t heard from the government in the 10 days since the attack. “It really struck me how ill-equipped we were to deal with this,” Herman told me, years later. “Multiply her by 270 victims and families.” The bombing underscored that the FBI and the US government had a lot to learn in responding and aiding victims in a terror attack.
INVESTIGATORS MOVED TOWARD piecing together how a bomb could have been placed on board; years before the 9/11 attack, they discounted the idea of a suicide bomber aboard—there had never been a suicide attack on civil aviation at that point—and so focused on one of two theories: The possibility of a “mule,” an innocent passenger duped into carrying a bomb aboard, or an “inside man,” a trusted airport or airline employee who had smuggled the fatal cargo aboard. The initial suspect list stretched to 1,200 names.
Yet even reconstructing what was on board took an eternity: Evidence pointed to a Japanese manufactured Toshiba cassette recorder as the likely delivery device for the bomb, and then, by the end of January, investigators located pieces of the suitcase that had held the bomb. After determining that it was a Samsonite bag, police and the FBI flew to the company’s headquarters in the United States and narrowed the search further: The bag, they found, was a System 4 Silhouette 4000 model, color “antique-copper,” a case and color made for only three years, 1985 to 1988, and sold only in the Middle East. There were a total of 3,500 such suitcases in circulation.
By late spring, investigators had identified 14 pieces of luggage inside the target cargo container, known as AVE4041; each bore tell-tale signs of the explosion. Through careful retracing of how luggage moved through the London airport, investigators determined that the bags on the container’s bottom row came from passengers transferring in London. The bags on the second and third row of AVE4041 had been the last bags loaded onto the leg of the flight that began in Frankfurt, before the plane took off for London. None of the baggage had been X-rayed or matched with passengers on board.
The British lab traced clothing fragments from the wreckage that bore signs of the explosion and thus likely originated in the bomb-carrying suitcase. It was an odd mix: Two herring-bone skirts, men’s pajamas, tartan trousers, and so on. The most promising fragment was a blue infant’s onesie that, after fiber analysis, was conclusively determined to have been inside the explosive case, and had a label saying “Malta Trading Company.” In March, two detectives took off for Malta, where the manufacturer told them that 500 such articles of clothing had been made and most sent to Ireland, while the rest went locally to Maltese outlets and others to continental Europe.
As they dug deeper, they focused on bag B8849, which appeared to have come off Air Malta Flight 180—Malta to Frankfurt—on December 21, even though there was no record of one of that flight’s 47 passengers transferring to Pan Am 103.
Investigators located the store in Malta where the suspect clothing had been sold; the British inspector later recorded in his statement, “[Store owner] Anthony Gauci interjected and stated that he could recall selling a pair of the checked trousers, size 34, and three pairs of the pajamas to a male person.” The investigators snapped to attention—after nine months did they finally have a suspect in their sights? “[Gauci] informed me that the man had also purchased the following items: one imitation Harris Tweed jacket; one woolen cardigan; one black umbrella; one blue colored ‘Baby Gro’ with a motif described by the witness as a ‘sheep’s face’ on the front; and one pair of gents’ brown herring-bone material trousers, size 36.”
Game, set, match. Gauci had perfectly described the clothing fragments found by RARDE technicians to contain traces of explosive. The purchase, Gauci went on to explain, stood out in his mind because the customer—whom Gauci tellingly identified as speaking the “Libyan language”—had entered the store on November 23, 1988, and gathered items without seeming to care about the size, gender, or color of any of it.
As the investigation painstakingly proceeded into 1989 and 1990, Robert Mueller arrived at Main Justice; the final objects of the Lockerbie search wouldn’t be found until the spring of 1990, just months before Mueller took over as assistant attorney general of the criminal division in September.
The Justice Department that year was undergoing a series of leadership changes; the deputy attorney general, William Barr, became acting attorney general midyear as Richard Thornburgh stepped down to run for Senate back in his native Pennsylvania. President Bush then nominated Barr to take over as attorney general officially. (Earlier this month Barr was nominated by President Trump to become attorney general once again.)
The bombing soon became one of the top cases on Mueller’s desk. He met regularly with Richard Marquise, the FBI special agent heading Scotbom. For Mueller, the case became personal; he met with victims’ families and toured the Lockerbie crash site and the investigation’s headquarters. He traveled repeatedly to the United Kingdom for meetings and walked the fields of Lockerbie himself. “The Scots just did a phenomenal job with the crime scene,” he told me, years ago.
Mueller pushed the investigators forward constantly, getting involved in the investigation at a level that a high-ranking Justice Department official almost never does. Marquise turned to him in one meeting, after yet another set of directions, and sighed, “Geez, if I didn’t know better, I’d think you want to be FBI director.”
The investigation gradually, carefully, zeroed in on Libya. Agents traced a circuit board used in the bomb to a similar device seized in Africa a couple of years earlier used by Libyan intelligence. An FBI-created database of Maltese immigration records even showed that a man using the same alias as one of those Libyan intelligence officers had departed from Malta on October 19, 1988—just two months before the bombing.
The circuit board also helped makes sense of an important aspect of the bombing: It controlled a timer, meaning that the bomb was not set off by a barometric trigger that registers altitude. This, in turn, explained why the explosive baggage had lain peacefully in the jet’s hold as it took off and landed repeatedly.
Tiny letters on the suspect timer said “MEBO.” What was MEBO? In the days before Google, searching for something called “Mebo” required going country to country, company to company. There were no shortcuts. The FBI, MI5, and CIA were, after months of work, able to trace MEBO back to a Swiss company, Meister et Bollier, adding a fifth country to the ever-expanding investigative circle.
From Meister et Bollier, they learned that the company had provided 20 prototype timers to the Libyan government and the company helped ID their contact as a Libyan intelligence officer, Abdelbaset Ali Mohmed Al Megrahi, who looked like the sketch of the Maltese clothing shopper. Then, when the FBI looked at its database of Maltese immigration records, they found that Al Megrahi had been present in Malta the day the clothing was purchased.
Marquise sat down with Robert Mueller and the rest of the prosecutorial team and laid out the latest evidence. Mueller’s orders were clear—he wanted specific suspects and he wanted to bring charges. As he said, “Proceed toward indictment.” Let’s get this case moving.
IN NOVEMBER 1990, Marquise was placed in charge of all aspects of the investigation and assigned on special duty to the Washington Field Office and moved to a new Scotbom task force. The field offce was located far from the Hoover building, in a run-down neighborhood known by the thoroughly unromantic moniker of Buzzard Point.
The Scotbom task force had been allotted three tiny windowless rooms with dark wood paneling, which were soon covered floor-to-ceiling with 747 diagrams, crime scene photographs, maps, and other clues. By the door of the office, the team kept two photographs to remind themselves of the stakes: One, a tiny baby shoe recovered from the fields of Lockerbie; the other, a picture of the American flag on the tail of Pan Am 103. This was the first major attack on the US and its civilians. Whoever was responsible couldn’t be allowed to get away with it.
With representatives from a half-dozen countries—the US, Britain, Scotland, Sweden, Germany, France, and Malta—now sitting around the table, putting together a case that met everyone’s evidentiary standards was difficult. “We talked through everything, and everything was always done to the higher standard,” Marquise says. In the US, for instance, the legal standard for a photo array was six photos; in Scotland, though, it was 12. So every photo array in the investigation had 12 photos to ensure that the IDs could be used in a British court.
The trail of evidence so far was pretty clear, and it all pointed toward Libya. Yet there was still much work to do prior to an indictment. A solid hunch was one thing. Having evidence that would stand up in court and under cross-examination was something else entirely.
As the case neared an indictment, the international investigators and prosecutors found themselves focusing at their gatherings on the fine print of their respective legal code and engaging in deep, philosophical-seeming debates: “What does murder mean in your statute? Huh? I know what murder means: I kill you. Well, then you start going through the details and the standards are just a little different. It may entail five factors in one country, three in another. Was Megrahi guilty of murder? Depends on the country.”
At every meeting, the international team danced around the question of where a prosecution would ultimately take place. “Jurisdiction was an eggshell problem,” Marquise says. “It was always there, but no one wanted to talk about it. It was always the elephant in the room.”
Mueller tried to deflect the debate for as long as possible, arguing there was more investigation to do first. Eventually, though, he argued forcefully that the case should be tried in the US. “I recognize that Scotland has significant equities which support trial of the case in your country,” he said in one meeting. “However, the primary target of this act of terrorism was the United States. The majority of the victims were Americans, and the Pan American aircraft was targeted precisely because it was of United States registry.”
After one meeting, where the Scots and Americans debated jurisdiction for more than two hours, the group migrated over to the Peasant, a restaurant near the Justice Department, where, in an attempt to foster good spirits, it paid for the visiting Scots. Mueller and the other American officials each had to pay for their own meals.
Mueller was getting ready to move forward; the federal grand jury would begin work in early September. Prosecutors and other investigators were already preparing background, readying evidence, and piecing together information like the names and nationalities of all the Lockerbie victims so that they could be included in the forthcoming indictment.
There had never been any doubt in the US that the Pan Am 103 bombing would be handled as a criminal matter, but the case was still closely monitored by the White House and the National Security Council.
The Reagan administration had been surprised in February 1988 by the indictment on drug charges of its close ally Panamanian dictator Manuel Noriega, and a rule of thumb had been developed: Give the White House a heads up anytime you’re going to indict a foreign agent. “If you tag Libya with Pan Am 103, that’s fair to say it’s going to disrupt our relationship with Libya,” Mueller deadpans. So Mueller would head up to the Cabinet Room at the White House, charts and pictures in hand, to explain to President Bush and his team what Justice had in mind.
To Mueller, the investigation underscored why such complex investigations needed a law enforcement eye. A few months after the attack, he sat through a CIA briefing pointing toward Syria as the culprit behind the attack. “That’s always struck with me as a lesson in the difference between intelligence and evidence. I always try to remember that,” he told me, back when he was FBI director. “It’s a very good object lesson about hasty action based on intelligence. What if we had gone and attacked Syria based on that initial intelligence? Then, after the attack, it came out that Libya had been behind it? What could we have done?”
Marquise was the last witness for the federal grand jury on Friday, November 8, 1991. Only in the days leading up to that testimony had prosecutors zeroed in on Megrahi and another Libyan officer, Al Amin Khalifa Fhimah; as late as the week of the testimony, they had hoped to pursue additional indictments, yet the evidence wasn’t there to get to a conviction.
Mueller traveled to London to meet with the Peter Fraser, the lord advocate—Scotland’s top prosecutor—and they agreed to announce indictments simultaneously on November 15, 1991. Who got their hands on the suspects first, well, that was a question for later. The joint indictment, Mueller believed, would benefit both countries. “It adds credibility to both our investigations,” he says.
That coordinated joint, multi-nation statement and indictment would become a model that the US would deploy more regularly in the years to come, as the US and other western nations have tried to coordinate cyber investigations and indictments against hackers from countries like North Korea, Russia, and Iran.
To make the stunning announcement against Libya, Mueller joined FBI director William Sessions, DC US attorney Jay Stephens, and attorney general William Barr.
“We charge that two Libyan officials, acting as operatives of the Libyan intelligence agency, along with other co-conspirators, planted and detonated the bomb that destroyed Pan Am 103,” Barr said. “I have just telephoned some of the families of those murdered on Pan Am 103 to inform them and the organizations of the survivors that this indictment has been returned. Their loss has been ever present in our minds.”
At the same time, in Scotland, investigators there were announcing the same indictments.
At the press conference, Barr listed a long set of names to thank—the first one he singled out was Mueller’s. Then, he continued, “This investigation is by no means over. It continues unabated. We will not rest until all those responsible are brought to justice. We have no higher priority.”
From there, the case would drag on for years. ABC News interviewed the two suspects in Libya later that month; both denied any responsibility for the bombing. Marquise was reassigned within six months; the other investigators moved along too.
Mueller himself left the administration when Bill Clinton became president, spending an unhappy year in private practice before rejoining the Justice Department to work as a junior homicide prosecutor in DC under then US attorney Eric Holder; Mueller, who had led the nation’s entire criminal division was now working side by side with prosecutors just a few years out of law school, the equivalent of a three-star military general retiring and reenlisting as a second lieutenant. Clinton eventually named Mueller the US attorney in San Francisco, the office where he’d worked as a young attorney in the 1970s.
THE 10TH ANNIVERSARY of the bombing came and went without any justice. Then, in April 1999, prolonged international negotiations led to Libyan dictator Muammar Qaddafi turning over the two suspects; the international economic sanctions imposed on Libya in the wake of the bombing were taking a toll on his country, and the leader wanted to put the incident behind him.
The final negotiated agreement said that the two men would be tried by a Scottish court, under Scottish law, in The Hague in the Netherlands. Distinct from the international court there, the three-judge Scottish court would ensure that the men faced justice under the laws of the country where their accused crime had been committed.
Allowing the Scots to move forward meant some concessions by the US. The big one was taking the death penalty, prohibited in Scotland, off the table. Mueller badly wanted the death penalty. Mueller, like many prosecutors and law enforcement officials, is a strong proponent of capital punishment, but he believes it should be reserved for only egregious crimes. “It has to be especially heinous, and you have to be 100 percent sure he’s guilty,” he says. This case met that criteria. “There’s never closure. If there can’t be closure, there should be justice—both for the victims as well as the society at large,” he says.
An old US military facility, Kamp Van Zeist, was converted to an elaborate jail and courtroom in The Hague, and the Dutch formally surrendered the two Libyans to Scottish police. The trial began in May 2000. For nine months, the court heard testimony from around the world. In what many observers saw as a political verdict, Al Megrahi was found guilty and Fhimah was found not guilty.
With barely 24 hours notice, Marquise and victim family members raced from the United States to be in the courtroom to hear the verdict. The morning of the verdict in 2001, Mueller was just days into his tenure as acting deputy US attorney general—filling in for the start of the George W. Bush administration in the department’s No. 2 role as attorney general John Ashcroft got himself situated.
That day, Mueller awoke early and joined with victims’ families and other officials in Washington, who watched the verdict announcement via a satellite hookup. To him, it was a chance for some closure—but the investigation would go on. As he told the media, “The United States remains vigilant in its pursuit to bring to justice any other individuals who may have been involved in the conspiracy to bring down Pan Am Flight 103.”
The Scotbom case would leave a deep imprint on Mueller; one of his first actions as FBI director was to recruit Kathryn Turman, who had served as the liaison to the Pan Am 103 victim families during the trial, to head the FBI’s Victim Services Division, helping to elevate the role and responsibility of the FBI in dealing with crime victims.
JUST MONTHS AFTER that 20th anniversary ceremony with Mueller at Arlington National Cemetery, in the summer of 2009, Scotland released a terminally ill Megrahi from prison after a lengthy appeals process, and sent him back to Libya. The decision was made, the Scottish minister of justice reported, on “compassionate grounds.” Few involved on the US side believed the terrorist deserved compassion. Megrahi was greeted as a hero on the tarmac in Libya—rose petals, cheering crowds. The US consensus remained that he should rot in prison.
The idea that Megrahi could walk out of prison on “compassionate” ground made a mockery of everything that Mueller had dedicated his life to fighting and doing. Amid a series of tepid official condemnations—President Obama labeled it “highly objectionable”—Mueller fired off a letter to Scottish minister Kenny MacAskill that stood out for its raw pain, anger, and deep sorrow.
“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,” Mueller began. “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.’”
That nine months after the 20th anniversary of the bombing, the only person behind bars for the bombing would walk back onto Libyan soil a free man and be greeted with rose petals left Mueller seething.
“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,” Mueller wrote. “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.”
For Mueller, walking the fields of Lockerbie had been walking on hallowed ground. The Scottish decision pained him especially deeply, because of the mission and dedication he and his Scottish counterparts had shared 20 years before. “If all civilized nations join together to apply the rules of law to international terrorists, certainly we will be successful in ridding the world of the scourge of terrorism,” he had written in a perhaps too hopeful private note to the Scottish Lord Advocate in 1990.
Some 20 years later, in an era when counterterrorism would be a massive, multibillion dollar industry and a buzzword for politicians everywhere, Mueller—betrayed—concluded his letter with a decidedly un-Mueller-like plea, shouted plaintively and hopelessly across the Atlantic: “Where, I ask, is the justice?”