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FROM OUR READERS: Mercy elevates humanity above terrorists

Scotland did right thing in releasing Pan Am bomber

On Aug. 20, Kenny MacAskill, cabinet secretary for justice, announced the nation of Scotland's release on humanitarian grounds of Abdelbaset Ali Mohmed al-Megrahi. To date, Megrahi is the sole person convicted of a dire act of terrorism -- the Dec. 21, 1988, bombing of a commercial airplane which crashed in Lockerbie, Scotland, killing 270 people.

According to MacAskill, Megrahi -- although he had served but eight years of his life imprisonment -- was returned to his home nation of Libya pursuant to "compassionate release" provisions of the Prisoners and Criminal Proceedings (Scotland) Act of 1993, which permits discharge of prisoners facing imminent death due to illness regardless of the nature and severity of their crimes. Megrahi, who suffers from highly advanced cancer, is not expected to survive more than three months.


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  • Understandably, the Scottish government's decision has drawn extensive and vehement denunciation, claims of corruption, accusations of unconscionable insensitivity and assertions of profoundly poor judgment. One of the many detractors is FBI Director Robert S. Meuller, who sent to Secretary MacAskill a scathing letter which has been widely published as well as posted on the FBI's official web site as a "press release."

    Among other transgressions, Meuller accused the secretary -- and implicitly the government of Scotland which MacAskill serves -- of "mak[ing] a mockery of the rule of law," "giv[ing] comfort to terrorists," and betraying the victims of the Lockerbie bombing.

    The incensed, indignant and rude criticism typified by Meuller's letter rejects flatly the possibility that Scotland may have acted out of principles so noble, so selfless and so steeped in mercy that they transcend even the just retribution and fair punishment meted against Mr. Megrahi for his horrific crime.

    To the contrary, we show the world true, enviable humanity when we temper -- not obliterate but mollify -- justifiable vengeance with fairness, compassion, charity and mercy. By keeping faith with such principles, Humanity all the more condemns the evil acts for which Megrahi properly was tried and convicted.

    I am willing to accept, based on the present facts, that the release of Megrahi was not a quid pro quo for an untoward bargain such as favorable access to Libyan oil. As Secretary MacAskill accented in his statement, "The perpetration of an atrocity and outrage cannot and should not be a basis for losing sight of who we are, the values we seek to uphold, and the faith and beliefs by which we seek to live. ... Our beliefs dictate that justice be served, but mercy be shown."

    I agree that the strength of a nation's commitment to morality and justice ought not be abandoned because the beneficiary, here a terrorist, denied the same morality to his victims.

    It is not that Megrahi deserves the comfort of spending his final days in familiar surroundings with family and friends. Rather, it is that a just society, believing in mercy, will grant him the compassion he could not find within himself. That is why we are better than the terrorists.

    Our nation too faces such crises of honor in the wake of heartless terrorism. The United States is committed to the rule of law, the paramount concept of which, "due process," is enshrined as overarching in our Constitution.

    Numerous Supreme Court decisions, including many written by so-called "conservative" justices, accent that "due process" is grounded on concepts of "fundamental fairness." Therefore, deeply moral aspects of decency, justice, humanity and, I think, mercy are not only national goals, but part of the highest law of the Constitution itself.

    Scotland's release of Megrahi reminds us that proper loyalty to the profound ethical principles that define us as a "nation of laws" requires dedication, courage and fortitude.

    Such steadfastness to principle is tested especially when, due to justified anger, fear or convenience, we are greatly tempted to forsake such exemplars as shunning torture, bringing detained persons to trial, allowing defendants to confront witnesses and evidence against them, requiring conviction based only on proof "beyond reasonable doubt" and demanding specific probable cause to violate the privacy of conversations, papers and other intimate things.

    Accordingly, I wish that in his letter so steeped with anger and accusations, our FBI director could at least have acknowledged, if not embraced, that Scotland's difficult decision might have been based on good and noble motives.

    I agree that keeping Megrahi in prison would have been neither immoral nor inappropriate. But, by placing what Shakespeare denoted "the quality of mercy" above all else, Scotland elevated humanity's love of compassion far above the loutish crowds in Libya who have hailed Megrahi a returning hero.

    In so doing, the best of humanity has defied the efforts of the worst. Compassionate humanity was not provoked to compromise, nor to retreat, nor to scrap sublime principles.

    To do otherwise would have given the terrorists the full victory they seek. Therefore, keeping faith with mercy is a highly fitting tribute to those who have suffered at immorality's hands.

    Peter B. Bayer is a professor at UNLV's William S. Boyd School of Law. He may be reached at peter.bayer@unlv.edu.

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    Note: Comments made by reporters and editors of the Las Vegas Review-Journal are presented with a yellow background.

    John F wrote on August 31, 2009 07:30 AM: It's the bubble I didn't want to burst, not the ubble.

    The full quote is:

    The quality of mercy is not strain'd,
    It droppeth as the gentle rain from heaven
    Upon the place beneath: it is twice blest;
    It blesseth him that gives and him that takes:
    'Tis mightiest in the mightiest: it becomes
    The throned monarch better than his crown;
    His sceptre shows the force of temporal power,
    The attribute to awe and majesty,
    Wherein doth sit the dread and fear of kings;
    But mercy is above this sceptred sway;
    It is enthroned in the hearts of kings,
    It is an attribute to God himself;
    And earthly power doth then show likest God's
    When mercy seasons justice...

    Shakespeare (of course)

    But there's mercy and then there's mercy. Al Megrahi received all the mercy due to him many times over long before he was released.


    John F wrote on August 30, 2009 09:12 PM: br,

    I hate to burst the ubble, but I'm not sure we agree on this.

    The quality of mercy is not strain'd,
    It droppeth as the gentle rain from heaven
    Upon the place beneath: it is twice blest;
    It blesseth him that gives and him that takes...

    My argument with Professor Bayer is not over whether we should show mercy - I believe we should - it's just that I believe we already had shown al Megrahi all the mercy he was due and then some. Allowing him to go free was going above and beyond the call of duty, even for the merciful.

    Mercy is defined as compassionate treatment of those in distress. We have to show the families of those al Megrahi killed a little mercy, too. We also have to think about having mercy on those he may be plotting to kill during his final days.


    HELEN WEILS wrote on August 30, 2009 03:44 PM: AND OBUMMER STANDS WITH THE MUSLIMS.

    Author and lecturer Nonie Darwish says the goal of radical Islamists is to impose Shariah law on the world, ripping Western law and liberty in two.

    She recently authored the book, Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law.

    Darwish was born in Cairo and spent her childhood in Egypt and Gaza before emigrating to America in 1978, When she was eight years old, her father died while leading covert attacks on Israel . He was a high- ranking Egyptian military officer stationed with his family in Gaza.

    When he died, he was considered a20“shahid,” a martyr for jihad. His posthumous status earned Nonie and her family an elevated position in Muslim society.

    But Darwish developed a skeptical eye at an early age. She questioned her own Muslim culture and upbringing. She converted to Christianity after hearing a Christian preacher on television.

    In her latest book, Darwish warns about creeping sharia law – what it is, what it means, and how it is manifested in Islamic countries.

    For the West, she says radical Islamists are working to impose sharia on the world. If that happens, Western civilization will be destroyed.

    In twenty years there will be enough Muslim voters in the U.S. to elect the President! I think everyone in the U.S. should be required to read this, but with the ACLU, there is no way this will be widely publicized! This is your chance to make a difference….!



    Muslim woman stoned to death for adultery...




    OBUMMER STANDS WITH THE MUSLIMS wrote on August 30, 2009 03:44 PM: Author and lecturer Nonie Darwish says the goal of radical Islamists is to impose Shariah law on the world, ripping Western law and liberty in two.
    She recently authored the book, Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law.
    Darwish was born in Cairo and spent her childhood in Egypt and Gaza before emigrating to America in 1978, When she was eight years old, her father died while leading covert attacks on Israel . He was a high- ranking Egyptian military officer stationed with his family in Gaza.
    When he died, he was considered a20“shahid,” a martyr for jihad. His posthumous status earned Nonie and her family an elevated position in Muslim society.
    But Darwish developed a skeptical eye at an early age. She questioned her own Muslim culture and upbringing. She converted to Christianity after hearing a Christian preacher on television.
    In her latest book, Darwish warns about creeping sharia law – what it is, what it means, and how it is manifested in Islamic countries.
    For the West, she says radical Islamists are working to impose sharia on the world. If that happens, Western civilization will be destroyed.
    In twenty years there will be enough Muslim voters in the U.S. to elect the President! I think everyone in the U.S. should be required to read this, but with the ACLU, there is no way this will be widely publicized! This is your chance to make a difference….!

    Muslim woman stoned to death for adultery...


    HELEN WEILS wrote on August 30, 2009 03:42 PM: AND OBUMMER STANDS WITH THE MUSLIMS.
    Author and lecturer Nonie Darwish says the goal of radical Islamists is to impose Shariah law on the world, ripping Western law and liberty in two.
    She recently authored the book, Cruel and Usual Punishment: The Terrifying Global Implications of Islamic Law.
    Darwish was born in Cairo and spent her childhood in Egypt and Gaza before emigrating to America in 1978, When she was eight years old, her father died while leading covert attacks on Israel . He was a high- ranking Egyptian military officer stationed with his family in Gaza.
    When he died, he was considered a20“shahid,” a martyr for jihad. His posthumous status earned Nonie and her family an elevated position in Muslim society.
    But Darwish developed a skeptical eye at an early age. She questioned her own Muslim culture and upbringing. She converted to Christianity after hearing a Christian preacher on television.
    In her latest book, Darwish warns about creeping sharia law – what it is, what it means, and how it is manifested in Islamic countries.
    For the West, she says radical Islamists are working to impose sharia on the world. If that happens, Western civilization will be destroyed.
    In twenty years there will be enough Muslim voters in the U.S. to elect the President! I think everyone in the U.S. should be required to read this, but with the ACLU, there is no way this will be widely publicized! This is your chance to make a difference….!

    Muslim woman stoned to death for adultery...


    br wrote on August 30, 2009 02:10 PM: John F

    I am greatly surprized to find myself agreeing with you since we are normally on different sides of all other issues.
    Maybe there's hope for us yet.

    Bayer's braying for mercy to supposedly dying terrorist murderer of 270 innocent persons is not unexpected. After all, Bayer is a tenure protected elite sitting in his ivory tower. He is also a lawyer. That's enough to destroy his crediablity. Had his family members, friends or professional peers been on that plane he would have a more realistic view.

    I've heard only ONE doctor's opinion declared the terrorist has three months to live. Whether that's true or not, he should not have been released for return to Lybia as a hero.

    Terrorist show no mercy They should not be shown any.

    It is my opinion, Professor Bayer, that you are an educated idiot.












    Tom, Burbank wrote on August 30, 2009 01:13 PM: Forget the Bayer, I need a double Excedrin after this logic twisting exercise in mea culpa self-flagellation. Thank goodness this guy is just a professor and not a judge. Weak, weak, weak.


    Says it All. wrote on August 30, 2009 11:37 AM: Hey Professor Pete of Billy Boyd School of Law,

    Eat another mushroom and let us know when it's O.K. to free O.J.

    Until then, STFU.


    L Goldman wrote on August 30, 2009 11:16 AM: Except that it now appears it was not mercy, it was a desire to work out an oil contract between Libya and BP. This is not a compassionate act. It's a sell out. And I am so tired of people telling me I have to feel for mass murderers.


    Jack wrote on August 30, 2009 10:18 AM: Somewhere in your meanderings as a college student of political science or whatever worthless degree you got, then through your four years of sitting on your duff, reading law(mostly at taxpayer expense no doubt), you may have had children M. Bayer. if that is so I have to ask if your feeling of "morality" would be as strong if your child was on that airliner.
    I listen and read this drivel, from morons like you havent worked in years, if ever at all, who want to preach morality, gun control, anti military and anti-death penalty crap to me. I am reminded of Louis L'Amours words in one of his westerns, "deciding to never committ violence is all very well as long as you get the other person to agree"
    You are a coward M. Bayer. You are a coward not necessarily in the physical sense, but morally and intellectually, you are a coward hiding behind your soft science education, sitting safe in your study, smoking your pipe and telling the people who are willing to go out and make the tough choices, what you think of their actions. In short you are a lawyer with all the villany and cowardice that that title implies. The RJ would do well to stop printing your pacifist views. We the readers do not generally agree.


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