Washington - Earlier today during a Senate Foreign Relations committee hearing assessing the situation in Libya, U.S. Sen. Robert Menendez (D-NJ) asked Deputy Secretary of State James Steinberg about conditioning thelegal recognition of a new Libyan state on compliance with a new U.S. investigation into the 1988 bombing of Pan Am flight 103 over Lockerbie, Scotland and on access to convicted Lockerbie bomber Abdelbaset Ali Mohmed al-Megrahi. On Wednesday, Menendez met with members of the Libyan Transitional National Council, including the interim Prime Minster Mahmoud Gibril who agreed to cooperate should the United States open a new investigation into the deadly Pan Am bombing.

Below is an unofficial transcript of Menendez's questions and Steinberg's answers.

Sen. Menendez: "Mr. Secretary, yesterday I met with Mr. Gibril and he indicated that once a new government is formed, they would be willing to cooperate with the U. S. on a new investigation into the Pan Am 103 bombing. Given the additional information that would be available from a compliant Libyan partner, is the administration open to a new investigation into the Pan Am bombing and would it commence legal action on U.S. soil against all persons responsible that would be derived from that information for persons planning, authorizing, or carrying out that attack?"

Deputy Secretary of State James Steinberg: Senator, like you, we've been very struck by this attitude that the TNC leadership has had in the recognition that going forward that part of a long-term relationship with the United States and the international community would be increased transparency about the past and really living up to those international principles. On the specific question, obviously this is an issue for the Justice Department in terms of how they would proceed there.

Menendez: But you all interface with the Department of Justice in the context of what our future relationship is going to be with a future Libyan government and recommendations you would make to the Justice Department?

Steinberg: As I said, we certainly welcome the offer that he made and we think it would be important in terms of long-term relations between the United States and a democratic government of Libya that they be supportive and cooperative with that. The only thing I can't specifically speak to is whether we would open a new criminal investigation.

Menendez: Has the State Department raised this question with Mr. Gibril and the TNC?

Steinberg: In general terms yes, and I will be meeting with him myself.

Menendez: Well I hope you get him to verify to you what he said to me. Secondly, to your knowledge have members of the TNC and Mr. Musa Kousa been interviewed by the Department of Justice, the FBI or the State Department about their knowledge, and planning and authorization of the Pan Am 103 bombings?

Steinberg: Senator we have, as I told you last time we talked about this, we have made clear to the British authorities that we believe it's important for us to have appropriate access there. Because this is an on-going criminal investigation, in terms of the specifics, I have to defer to the Justice Department.

Menendez: Has the State Department raised, outside of the Justice Department, questions of that nature with Mr. Musa Kousa? have you had access to Mr. Musa Kousa yet?

Steinberg: I don't know that the State Department has had access, I'd have to check but I don't believe so.

Menendez: Can you get back to me?

Steinberg: Yeah I can get back to you

Menendez: Would the State Department, as a condition of a recognition of a future Libyan government that is, let's say for argument's sake, derived from the TNC, make as a condition of that recognition and effort, both a commitment to a new investigation, a cooperation on Pan Am 103 and access to Mr. al-Megrahi?

Steinberg: Again, Senator, it's something I think we should raise with the TNC in terms of what they're prepared to do and make clear the importance that we attach to that.

Menendez: I hear you, but I hear the diplomatic speak there that doesn't let me understand whether or not you are going to create, the State Department is going to recommend to the President of the United States, along with the NSC, what position we take with the TNC and under what conditions we take it. Seems to me that this is perfectly reasonable to expect that Americans who've had their families killed at the hands of the orders of Mr. Qadaffi should be able to derive from a new Libyan government committed to, what I hope will be democracy, human rights, and the rule of law, would as a condition precedent extract that as a commitment.

Steinberg: I guess what I would say Senator is that I think we share the importance that you attach to it. What has been important and what you heard, is that in the first best case, is for them to offer to do this without our making it a condition, rather than looking like somehow this is being imposed on them, for them to willingly assume that. So I would encourage them and we would hope that they would do that. And I think that's what we would hope is that what Mr. Gibril told you would be what they did and rather than because we imposed a commitment, it's because they understood in terms of their own democratic development.

Menendez: I appreciate your willingness to suggest that it would be helpful and cooperative. It seems to me that in any relationship there are, you know, with Mr. Qaddafi we actually created conditions precedent, he had to renounce terrorism, he had to get rid of his weapons. Those were conditions. I see no reason why the United States government cannot insist in the process of pursing forward a relationship with the TNC that they be committed to what, in essence, is the fulfillment of the rule of law and justice. So for this Senator at least, I want you to know that how I vote on whatever the State Department is going to recommend in this respect, I'm sure that my colleagues, Sen. Lautenberg, Sen. Schumer, Sen. Gillibrand, who have all shown interest on this, are going to be very concerned with what the State Department does in that regard.

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