WASHINGTON — Legal professional Common William P. Barr on Monday introduced prison fees towards a former Libyan intelligence operative accused of constructing the explosive system that was used within the 1988 bombing of Pan Am Flight 103, one of many deadliest terrorist assaults in United States historical past, stemming partly to a confession that he gave practically a decade in the past whereas imprisoned in Libya.
The announcement bookends Mr. Barr’s two excursions of responsibility as legal professional basic, first below President George Bush and now below President Trump. At his first information convention because the performing legal professional basic below Mr. Bush in 1991, he introduced fees towards two suspects within the explosion of the jetliner over Lockerbie, Scotland. On Monday, the thirty second anniversary of the assault, Mr. Barr revealed fees towards a 3rd particular person, a shadowy bomb skilled named Abu Agila Mohammad Mas’ud.
The Justice Division charged Mr. Mas’ud with two prison counts, together with destruction of an plane leading to dying, in keeping with courtroom paperwork unsealed on Monday. He’s midway by means of a 10-year sentence in a Libyan jail for unrelated crimes.
“Let there be no mistake,” Mr. Barr mentioned. “No period of time or distance will cease the USA, and its companions in Scotland, from pursuing justice on this case.”
Mr. Mas’ud’s identify had surfaced throughout the investigation into the bombing of the flight, which killed 270 passengers, together with 190 Individuals. However officers inspecting what occurred failed to verify his identification or find him after the assault, Mr. Barr mentioned. Mr. Mas’ud appeared to have had a job within the explosion, however his actual involvement remained murky. However the division mentioned that Col. Muammar el-Qaddafi, Libya’s chief on the time, personally thanked Mr. Mas’ud for finishing up the lethal operation and referred to as it a complete success.
After Colonel el-Qaddafi’s authorities collapsed, Mr. Mas’ud confessed to the bombing in 2012 whereas being interviewed by a Libyan regulation enforcement official. Investigators ultimately realized about his detention and confession, Mr. Barr mentioned, calling the event a “breakthrough.”
The legal professional basic, who steps down on Wednesday, mentioned he was hopeful that the Libyans would extradite Mr. Mas’ud to the USA and referred to as the prospects “excellent.”
“Mas’ud is within the custody of the present authorities of Libya, and we have now no motive to assume that that authorities is occupied with associating itself with this heinous act of terrorism,” Mr. Barr mentioned. “We’re optimistic they are going to flip him over to face justice.”
Extradition would enable Mr. Mas’ud to face trial, however protection attorneys raised doubts about whether or not a confession obtained in jail in war-torn Libya could be admissible as proof.
Mr. Mas’ud was the third suspect charged within the Pan Am 103 case. The opposite two, Abdel Basset Ali al-Megrahi and Al-Amin Khalifa Fhimah, have been initially charged in 1991, however American efforts to convey them to justice have been stymied when Libya refused to extradite them to both the USA or Britain for trial.
The Libyan authorities finally agreed to allow them to stand trial within the Netherlands below Scottish regulation, the place Mr. Fhimah was acquitted and Mr. al-Megrahi was convicted in 2001 and sentenced to life in jail.
Scottish officers granted Mr. al-Megrahi a compassionate launch in 2009 as a result of he had most cancers, a choice that angered the households of the victims and the USA authorities, together with President Barack Obama. Mr. al-Megrahi died in 2012; his household posthumously appealed his conviction in Scotland. The request is pending.
Present and former American and Libyan officers mentioned that Mr. Mas’ud was born in Tunisia in 1951 and sooner or later moved to Tripoli, Libya, and have become a citizen. He labored for the Libyan intelligence service from 1973 to 2011, constructing bombs, and rose to the rank of colonel, in keeping with courtroom paperwork. After Colonel el-Qaddafi’s fall in 2011, Mr. Mas’ud was arrested and imprisoned in Misurata, Libya, earlier than being moved to Al-Hadba jail in Tripoli.
Together with 38 different defendants, together with one among Colonel el-Qaddafi’s sons and different former Libyan officers, Mr. Mas’ud stood trial on prison fees associated to the Qaddafi authorities’s efforts to quell the Libyan revolution.
The F.B.I. mentioned it first acquired a replica of Mas’ud’s confession with the Libyan regulation enforcement officer in about 2017 and sought extra data. The F.B.I. interviewed the Libyan regulation enforcement official this 12 months and realized that he had taken the confession from Mr. Mas’ud in September 2012.
Court docket paperwork mentioned that the official had questioned Mr. Mas’ud to find out whether or not he had “dedicated any crimes towards Libya and the Libyan individuals throughout the 2011 revolution” in an try and maintain Colonel el-Qaddafi in energy.
Michael R. Sherwin, the performing United States legal professional for the District of Columbia, described the circumstantial proof as “extraordinarily compelling” and pointed to journey data implicating Mr. Mas’ud, Mr. al-Megrahi and Mr. Fhimah.
Specifically, the boys had traveled to Malta earlier than the assault, the place investigators decided that the bomb had been positioned inside a conveyable cassette participant put aboard a airplane and transferred twice earlier than reaching Flight 103. On the day of the bombing, the criticism mentioned, Mr. al-Megrahi and Mr. Mas’ud traveled from Malta to Tripoli on the identical flight.
Mr. Mas’ud mentioned in his confession that he went to Malta with the suitcase that contained the bomb and later set the timer for it to explode precisely 11 hours later. In line with the confession, Mr. Mas’ud labored with Mr. al-Megrahi and Mr. Fhimah to “execute the plot.”
“He defined that he hid the detonator and timer in a technical means that will make it troublesome to be found, by putting it near the metallic elements of the suitcase,” in keeping with the confession. Mr. Mas’ud mentioned “that he used roughly 1.5 kilograms of plastic Semtex, and he added that plastic explosives don’t present up on the airport baggage scanner.”
The circumstances surrounding Mr. Mas’ud’s confession in jail in Libya weren’t clear. The courtroom paperwork present no additional element in regards to the Libyan regulation enforcement officer or for whom he labored, however he mentioned he could be prepared to testify at a trial.
If Mr. Mas’ud have been ever delivered to Washington, protection attorneys would nearly actually search to problem the confession and argue it might have been coerced or tainted.
A 2017 United Nations report that mentions Mr. Mas’ud raises troubling questions in regards to the therapy of former Libyan officers who have been held at numerous prisons and placed on trial after Colonel el-Qaddafi was overthrown.
“Lots of the defendants have been held in extended incommunicado detention, with out entry to their households or attorneys, and sometimes in isolation, together with at unofficial detention amenities, amidst allegations of torture and different unwell therapy,” the report says.
Mr. Mas’ud’s suspected position within the Lockerbie bombing acquired new scrutiny in a three-part documentary on “Frontline” on PBS in 2015. The sequence was written and produced by Ken Dornstein, whose brother was killed within the assault. As a part of his investigation, Mr. Dornstein realized that Mr. Mas’ud was being held in a Libyan jail and even obtained footage of him.
In an e mail, Mr. Dornstein questioned the breakthrough that Mr. Barr had mentioned. “For all the discuss of an ongoing investigation over the previous couple of many years, I discovered surprisingly little new element within the charging paperwork exterior of the alleged confession,” he mentioned.
Mr. Dornstein had additionally reviewed paperwork and interviews that related Mr. Mas’ud to the bombing of the La Belle discothèque in West Berlin in 1986 that killed two American troopers. In line with his confession, Mr. Mas’ud additionally admitted to constructing the explosive utilized in that assault when he was questioned in 2012.