us scotland letter 2009 re megrahi release

8/8/2019 US Scotland Letter 2009 RE Megrahi Release

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EMBASSY OF THE UNITED STATES OF AMERICA

LONDON

September 1,2009

M r. W . George BurgessDeputy Director

Criminal Justice Directorate

St. Andrew's House

Regent Road

Edinburgh EH1 3DG

Dear M r. Burgess:

Your letter of 26 August 2009 requests perm ission from th e United

States Governmen t to publish representations made to the Scottish

Executive by the U nited States Government related to Mr. Abdel

Basset al-Megrahi 's separate applications for transfer un der the U K-

Libya Prison er Tran sfer Agreem ent and for compassionate release.Consistent with its standard and long-standing practice of holding in

confidence government-to-government communications, so as to

facilitate the a bili ty of the United States to have frank and opencomm unications w ith other governments, th e United StatesGovernment is not prepared to authorize th e release at this tim e of thedetails or contents of its diploma tic excha nges in this matter. Inaccordance w ith this understanding, the U nited States Government

does not grant perm ission for these documen ts to be pu bli sh ed .

The U nite d States Government's consistent and long-standing v iew

that M r. Megrahi shou ld serve out his prison sentence in Scotland and

th e opposition of the U nited States to his tran sfer to L ibya is a matterof public record. W e note that this position, as reflected in pub lic

remarks mad e by Secretary Clinton in the days be fore S cottish

Cabinet Secretary for Justice Kenny M acA skil l mad e and an nouncedthe decision to grant M r. M egrahi compassionate release, is consistent



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with the views communicated by the United States in its government-to-government communications on the issue an d is further reiteratedin th e publ ic statements of various senior U.S. officials fol lowing the

Scottish decision to authorize M r. Megrahi 's release and transfer.

Richard LeBaronDeputy Chief of Mission



Criminal Justice Directorate

Criminal Law and Licensing Division

T: 0131-244 3537 The SCOttJSh

E : C e o r g e .B u r g e s s @ s c o t la n d . g s i . g o v . u k Government

Richard LeBaron

Embassy of the United States of America

24 Grosvenor Square

LONDONW1A1AE homMomingseotland20OT.com

Your ref:Our ref:

£-(August 2009

The Scottish Government announced yesterday that Ministers will publish all relevant

information regarding the applications for Prisoner Transfer and compassionate release

made by Mr Al Megrahi, and relevant related material, in advance of a debate in the Scottish

Parliament scheduled for next Wednesday. We are nowwriting to all interested parties who

made submissions and representations seeking their permission for publication.

There are two items involving the United States Government, both of which were part of the

package of advice provided to the Cabinet Secretary for Justice. The first is our note of the

conversation between Attorney General Holder and Kenny MacAskill, a copy of which was

emailed to Peter Lord yesterday evening. The second is the text of your Government's

demarche, which was attached to your letter to the First Minister of 12 August. We would be

grateful for the agreement of your Government to the publication of these two items.

If necessary, it is possible for the items to be published in a redacted form. For example we

have offered to redact the names of family members from the notes of Mr MacAskill's

meetings with them if they so wish. That is probably of less relevance to the two items I referto above, but the same offer is extended.

I/

W GEORGE BURGESSDeputy Director

S t Andrew's House, Regent Road, Edinburgh EH1 3DCwww.scotland.gov.uk

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