"On Jan. 31, 2001, the three-judge court found Mr. Megrahi guilty but acquitted Mr. Fhimah. The court called the case circumstantial, the evidence incomplete and some witnesses unreliable, but concluded that 'there is nothing in the evidence which leaves us with any reasonable doubt as to the guilt' of Mr. Megrahi.
"Much of the evidence was later challenged. It emerged that Mr. Gauci had repeatedly failed to identify Mr. Megrahi before the trial and had selected him only after seeing his photograph in a magazine and being shown the same photo in court. The date of the clothing sale was also in doubt.
"Investigators said Mr. Bollier, whom even the court called 'untruthful and unreliable,' had changed his story repeatedly after taking money from Libya, and might have gone to Tripoli just before the attack to fit a timer and bomb into the cassette recorder. The implication that he was a conspirator was never pursued.
"In 2007, Mr. Lumpert admitted that he had lied at the trial, stolen a timer and given it to a Lockerbie investigator. Moreover, the fragment he identified was never tested for residue of explosives, although it was the only evidence of possible Libyan involvement.
"The court's inference that the bomb had been transferred from the Frankfurt feeder flight was also cast into doubt when a Heathrow security guard revealed that Pan Am's baggage area had been broken into 17 hours before the bombing, a circumstance never explored.
"Hans Kochler, a United Nations observer, called the trial 'a spectacular miscarriage of justice,' words echoed by Mr. Mandela. Many legal experts and investigative journalists challenged the evidence, calling Mr. Megrahi a scapegoat for a Libyan government long identified with terrorism. While denying involvement, Libya paid $2.7 billion to the victims' families in 2003 in a bid to end years of diplomatic isolation."
Prosecutorial Misconduct
In other words, the case against Megrahi looks to have been an example of gross prosecutorial misconduct, relying on testimony from perjurers and failing to pursue promising leads (like the possibility that the bomb was introduced at Heathrow, not transferred from plane to plane to plane, an unlikely route for a terrorist attack and made even more dubious by the absence of any evidence of an unaccompanied bag being put on those flights).
Also, objective journalists should have noted that Libya's much-touted acceptance of "responsibility" was simply an effort to get punishing sanctions lifted and that Libya always continued to assert its innocence.
All of the above facts were known in 2011 when the Times and the rest of the mainstream U.S. press corps presented a dramatically different version to the American people. Last year, all these questions and doubts were suppressed in the name of rallying support for "regime change" in Libya.
On March 18, 2011, I wrote:
"As Americans turn to their news media to make sense of the upheavals in the Middle East, it's worth remembering that the bias of the mainstream U.S. press corps is most powerful when covering a Washington-designated villain, especially if he happens to be Muslim."In that case, all uncertainty about some aspect of his villainy is discarded. Evidence in serious dispute is stated as flat fact. Readers are expected to share this unquestioned belief about the story's frame -- and that usually helps manufacture consent behind some desired government action or policy.
"At such moments, it's also hard to contest the conventional wisdom. To do so will guarantee that you'll be treated as some kook or pariah. It won't even matter if you're vindicated in the long run. You'll still be remembered as some weirdo who was out of step.
"And those who push the misguided consensus will mostly go on to bigger and better things, as people who have proved their worth even if they got it all wrong. Such is the way the national U.S. political/media system now works -- or some might say doesn't work.
"Perhaps the most costly recent example of this pattern was the Official Certainty about Iraq's WMD in 2002-03. With only a few exceptions, the major U.S. news media, including the New York Times and the Washington Post, bought into the Bush administration's WMD propaganda, partly because Saddam Hussein was so unsavory that no one wanted to be dubbed a 'Saddam apologist.'
"When Iraq's WMD turned out to be a mirage, there was almost no accountability at senior levels of the U.S. news media. Washington Post's editorial page editor Fred Hiatt, who repeatedly reported Iraq's WMD as 'flat fact,' is still in the same job eight years later; Bill Keller, who penned an influential article called 'The I-Can't-Believe-I'm-a-Hawk Club,' got promoted to New York Times executive editor after the Iraq-WMD claims exploded leaving egg on the faces of him and his fellow club members.
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