PAN AM 103 TALKING POINTS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06491301
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: March 9, 2023
• Document Release Date: September 8, 2021
• Case Number: F-2013-01005

Approved for Release: 2021/09/08 C06491301
PAN AM 103 TALKING POINTS
(U) Trial Status:
(U) The prosecution of two Libyan defendants for the
murder of 270 passengers on flight Pan Am 103 ended on
18 January 2001. The three Scottish judges deliberated for
approximately two weeks and their verdict was a finding of
guilty against al-Megrahi and not guilty against Fhimah.
(U) Not guilty verdict: Defendant Fhimah goes free and
it is expected to be returned to Libya immediately.
(U) Guilty: Defendant al-Megrahi was sentenced to life
imprisonment in Scotland. He will be eligible for parole in
20 years. The prosecution anticipates that the guilty
verdict will be appealed.
-.TS< CIA Support to the Prosecution:
(S) CIA's cooperation with the DoJ, the Scots, and the
British has been extraordinary. Indeed, CIA was the most
forward-leaning of all intelligence services in the world in
supporting this case.
provided both witnesses and documents in support of the
prosecution. Throughout the trial, CIA stood ready to
providejwitnesses, assets, and approximately
documents. Highlights of our assistance follow.
� CIA's role after the bombing: For the first time,
CIA publicly admitted its role in the investigation
of Pan Am 103.
� Witnesses: CIA witnesses testified for the
prosecution, including currently serving
officers. The court accepted reasonable alterations
to the physical characteristics of these witnesses
and we were thus able to protect their true
identities. On two separate occasions,
additional CIA witnesses were on call and prepared
to testify in the Netherlands. However, the
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prosecution and defense eventually stipulated to
their statements and they did not testify.
� With the consent of CIA, a former CIA asset
testified at the trial, exposing not only the
existence of his relationship with the Agency, but
also details of that relationship.
�
� Documents: To my knowledge, for the first time in
our history, the Agency provided Directorate of
Operations operational cables to a foreign
government for use in a non-U.S. trial.
40 Documents provided to the prosecution and defense
included minimally redacted operational cables
�
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(S) CIA's Future Involvement in Pan Am 103:
� We have kept the intelligence oversight committees
informed of our support and of the major
developments in this case.
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