WASHINGTON (AP) — A Libyan intelligence official accused of making the bomb that brought down Pan Am Flight 103 over Lockerbie, Scotland, in 1988 in an international act of terrorism has been taken into U.S. custody and will face federal charges in Washington, the Justice Department said Sunday.
The arrest of Abu Agila Mohammad Mas’ud Kheir Al-Marimi is a milestone in the decades-old investigation into the attack that killed 259 people in the air and 11 on the ground. American authorities in December 2020 announced charges against Mas’ud, who was in Libyan custody at the time. Though he is the third Libyan intelligence official charged in the U.S. in connection with the attack, he would be the first to appear in an American courtroom for prosecution.
The New York-bound Pan Am flight exploded over Lockerbie less than an hour after takeoff from London on Dec. 21, 1988. Citizens from 21 different countries were killed. Among the 190 Americans on board were 35 Syracuse University students flying home for Christmas after a semester abroad.
The bombing laid bare the threat of international terrorism more than a decade before the Sept. 11 attacks. It produced global investigations and punishing sanctions while spurring demands for accountability from victims of those killed. The university’s current chancellor, Kent Syverud, said in a statement that the arrest was a significant development in the long process “to bring those responsible for this despicable act to justice.”
Stephanie Bernstein, a Maryland woman whose husband, Michael, was among the 270 victims — he was a Justice Department official returning on the flight from government business — said the news was “surreal” because there had been times in the past two years when victims’ families had been told that “it looks promising” only to find that was not the case.
“At first I thought I was dreaming when I was told what had happened, but it’s happened, and I’m incredibly grateful that this man will be tried in the United States,” Bernstein said in an interview.
The announcement of charges against Mas’ud on Dec. 21, 2020, came on the 32nd anniversary of the bombing and in the final days of the tenure of then-Attorney General William Barr, who in his first stint as attorney general in the early 1990s had announced criminal charges against two other Libyans intelligence officials.
The Libyan government initially balked at turning over the two men, Abdel Baset Ali al-Megrahi and Lamen Khalifa Fhimah, before ultimately surrendering them for prosecution before a panel of Scottish judges sitting in the Netherlands as part of a special arrangement.
The Justice Department said Mas’ud would appear soon in a federal court in Washington, where he faces two criminal counts related to the explosion.
U.S. officials did not say how Mas’ud came to be taken into U.S. custody, but late last month, local Libyan media reported that Mas’ud had been kidnapped by armed men on Nov. 16 from his residence in Tripoli, the capital. That reporting cited a family statement that accused Tripoli authorities of being silent on the abduction.
In November 2021, Najla Mangoush, the foreign minister for the country’s Tripoli-based government, told the BBC in an interview that “we, as a government, are very open in terms of collaboration in this matter,” when asked whether an extradition was possible.
Torn by civil war since 2011, Libya is divided between rival governments in the east and west, each backed by international patrons and numerous armed militias on the ground. Militia groups have amassed great wealth and power from kidnappings and their involvement in Libya’s lucrative human trafficking trade
A breakthrough in the investigation came when U.S. officials in 2017 received a copy of an interview that Mas’ud, a longtime explosives expert for Libya’s intelligence service, had given to Libyan law enforcement in 2012 after being taken into custody following the collapse of the government of the country’s leader, Col. Moammar Gadhafi.
In that interview, U.S. officials said, Mas’ud admitted building the bomb in the Pan Am attack and working with two other conspirators to carry it out. He also said the operation was ordered by Libyan intelligence and that Gadhafi thanked him and other members of the team after the attack, according to an FBI affidavit filed in the case.
That affidavit said Mas’ud told Libyan law enforcement that he flew to Malta to meet al-Megrahi and Fhimah. He handed Fhimah a medium-sized Samsonite suitcase containing a bomb, having already been instructed to set the timer so that the device would explode exactly 11 hours later, according to the document. He then flew to Tripoli, the FBI said.
Al-Megrahi was convicted in the Netherlands while Fhimah was acquitted of all charges. Al-Megrahi was given a life sentence, but Scottish authorities released him on humanitarian grounds in 2009 after he was diagnosed with prostate cancer. He later died in Tripoli, still protesting his innocence.
In announcing charges against Mas’ud in 2020, Barr said the U.S. and Scotland would use “every feasible and appropriate means” to bring him to trial.
“At long last, this man responsible for killing Americans and many others will be subject to justice for his crimes,” Barr said at the time.
Scotland’s Crown Office and Procurator Fiscal Service on Sunday announced the arrest as well, saying in a statement that “the families of those killed in the Lockerbie bombing have been told that the suspect is in U.S. custody.”
The statement added that “Scottish prosecutors and police, working with U.K. government and U.S. colleagues, will continue to pursue this investigation, with the sole aim of bringing those who acted along with al-Megrahi to justice.”
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Hui reported from London. Associated Press writers Jack Jeffery in Cairo, Carolyn Thompson in Buffalo, New York, and Julie Walker in New York contributed to this report.
With suspect in custody, spotlight returns to 1988 bombing
The announcement Sunday that a Libyan man suspected in the 1988 bombing of a passenger jet has been taken into U.S. custody put the spotlight back on the notorious terrorist attack and longstanding efforts to pursue those responsible.
The suspect, Abu Agila Mas’ud Kheir Al-Marimi, is accused of building the bomb that destroyed a Pam Am flight over the Scottish town of Lockerbie. The attack killed all 259 people aboard the plane and 11 on the ground. The majority of those killed were Americans.
Thirty-four years later, the public’s memories of the attack have largely faded, despite developments in the case that have intermittently returned it to the headlines. Here’s a look back:
HOW DID THE LOCKERBIE ATTACK HAPPEN?
On Dec. 21, 1988, a bomb planted aboard Pam Am Flight 103 exploded less than half an hour after the jet departed London’s Heathrow airport, bound for New York.
The attack destroyed the jet, which was carrying citizens of 21 countries. Among the victims were 190 Americans. They included 35 students from Syracuse University in upstate New York who were flying home after a semester abroad. To this day, the bombing remains the deadliest terrorist attack ever carried out on British soil.
Investigators soon tied the bombing to Libya, whose government had engaged in long-running hostilities with the U.S. and other Western governments. About two years before the attack, Libya was blamed for the bombing of a Berlin disco that killed three, including two U.S. soldiers, and injured dozens of others.
WHO WAS HELD RESPONSIBLE?
In 1991, the U.S. charged two Libyan intelligence officers with planting the bomb aboard the jet. But the country’s leader, Col. Moammar Gadhafi, refused to turn them over. After long negotiations, Libya agreed in 1999 to surrender them for prosecution by a panel of Scottish judges sitting in the Netherlands.
One of the men, Abdel Baset Ali al-Megrahi, was convicted and given a life sentence. The other, Lamen Khalifa Fhimah, was found not guilty. Scottish officials released Al-Megrahi on humanitarian grounds in 2009 after he was diagnosed with prostate cancer. He died in Libya in 2012.
The families of those killed, meanwhile, brought suit against the Libyan government, demanding the regime be held accountable. In 2003, Libya agreed to a settlement, formally accepting responsibility for the bombing, renouncing terrorism and paying compensation to the families.
Despite a rapprochement with the U.S. government, the pursuit of others responsible for the bombing largely stalled, until after Ghadafi was ousted from power in 2011.
WHAT LED INVESTIGATORS TO MAS’UD?
After Ghadafi’s fall, Mas’ud, a longtime explosives expert for the country’s intelligence service, was taken into custody by Libyan law enforcement. In 2017, U.S. officials received a copy of an interview with Mas’ud done by Libyan authorities soon after his arrest.
In that interview, U.S. officials said, Mas’ud admitted to building the bomb used in the Pan Am attack and working with the two men charged earlier to plant it on the plane. He said the operation had been ordered by Libyan intelligence and that Ghadafi had thanked him and others after the attack, according to an FBI affidavit.
In late 2020, the U.S. Justice Department announced charges against Mas’ud. With Mas’ud in Libyan custody, though, his prosecution remained largely theoretical. U.S. and Scottish officials pledged to work for his extradition, so that he could be tried.
It was not clear Sunday how Mas’ud was taken into U.S. custody. He would be the first to appear in an American courtroom for prosecution of the attack.