Contemporary Authors

• The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice - 2017 Oneworld Publications, London

• Oneworld Publications - https://oneworld-publications.com/stuart-h-newberger.html

  Stuart H. Newberger is a senior partner at international law firm Crowell & Moring. His practice handles complex international disputes, many involving the actions of governments. He lives in McLean, Virginia.

• Crowell & Moring LLP - https://www.crowell.com/Professionals/Stuart-Newberger

  Photograph of Stuart H. Newberger Print PDF for Stuart H. Newberger…Download V-card for Stuart H. Newberger
  PRACTICES
  Commercial Litigation
  International Dispute Resolution
  Appellate
  Israel Practice
  Regulatory & Policy
  FOCUS AREAS +

  GOVERNMENT EXPERIENCE
  Department of Justice: United States Attorneys' Offices—District of Columbia: Assistant U.S. Attorney (1982-1987)
  EDUCATION
  The George Washington University, B.A. (1974)
  Georgetown University Law Center, J.D. (1979)
  ADMISSIONS
  District of Columbia
  Stuart H. Newberger, Partner Washington, D.C.
  snewberger@crowell.com
  Phone: +1 202.624.2649
  1001 Pennsylvania Avenue NW
  Washington, DC 20004-2595
  Profile Admissions/Affiliations Highlights, News & Knowledge
  Stu Newberger is a Washington-based senior partner with the international law firm of Crowell & Moring. His practice centers on handling complex international disputes, many involving the actions of governments. He has over 30 years of "first-chair" experience as a trial and appellate advocate in the U.S. courts, as well as international arbitration venues around the world, including ICSID, PCA, ICC, ICDR, AAA, SCC, LCIA, Austrian Federal Economic Centre and ad hoc proceedings pursuant to the UNCITRAL rules. He founded the firm's "International Dispute Resolution" practice.

  The issues arising in his practice range from "private commercial" activities (such as aircraft ownership, oil and energy contracts/concessions, hotel/resort operations, poultry farming, textiles and soft-drink franchises), to "public policy" issues (such as state-sponsorship of terrorism, confiscation/expropriation of property, violations of international law, international crimes and human rights). In addition to courts and arbitration venues, he has extensive contact with international organizations (such as the United Nations and the World Bank/IMF), executive and regulatory agencies (including the U.S. Department of State, the U.S. Department of Justice and the European Commission) and the U.S. Congress.

  Stu's "country experience" includes disputes arising in Central and Eastern Europe, Central Asia, the former Soviet Union, the Middle East, Africa, Central and South America, South and Southeast Asia, Oceania and China. His practice includes engagements both against and on behalf of sovereign governments.

  Stu is the author of The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice, a book on the investigation into the terrorist attack on UTA Flight 772 and the long fight for victims' families to obtain justice.For many years, Stu served as an Adjunct Professor of Law at Georgetown University. He also has lectured on law, international affairs and public policy issues at the University of Pennsylvania, Columbia University, New York University, Cardozo School of Law at Yeshiva University, the University of Virginia, George Washington University, American University, the University of the West Indies, Bar-Ilan University, the Peres Academic Center, the Aspen Institute, the Herzliya Conference, the Dubai International Arbitration Center, and other institutions. In addition, he has presented programs for the American Bar Association throughout the U.S. and in the United Kingdom, has lectured at many annual congresses of the Union Internationale des Avocats (in France, Australia, Argentina, Switzerland, and Portugal) and at the International Association of Jewish Lawyers and Jurists (in Israel). Stu also currently serves on the Council of the Woodrow Wilson International Center for Scholars in Washington, D.C.

  Stu received his B.A. from George Washington University in 1974 and his J.D. from Georgetown University in 1979. Prior to joining the firm, Stu served as law clerk to U.S. District Judge Harold H. Greene and as an Assistant United States Attorney. He also served for many years as a member of the Committee on Grievances of the U.S. District Court, on the Board of the Historical Society for the D.C. Circuit, and the Judicial Conference for the D.C. Circuit. Stu is a member of the Bar of the District of Columbia.

• The Forgotten Flight -- book website - https://www.theforgottenflight.com/abouttheauthor/

  THE FORGOTTEN FLIGHT

  HOME ABOUT THE AUTHOR REVIEWS NEWS & EVENTS WHERE TO BUY
  Forgotten Flight Book Cover High Res.jpg
  About the Author
  Stuart H. Newberger is a senior partner at international law firm Crowell & Moring. His practice centers on handling complex international disputes, many involving the actions of governments. He has over 30 years of "first-chair" experience as a trial and appellate advocate in the U.S. courts, as well as international arbitration venues around the world, and he founded Crowell & Moring's "International Dispute Resolution" practice.
  Stu has served as an Adjunct Professor of Law at Georgetown University, and has lectured on law, international affairs and public policy issues at numerous institutions of higher education including the University of Pennsylvania, Columbia University, New York University, Bar-Ilan University, the Peres Academic Center, the Aspen Institute, the Herzliya Conference, and the Dubai International Arbitration Center.

  He has presented for the American Bar Association throughout the U.S. and in the United Kingdom, has lectured at annual congresses of the Union Internationale des Avocats and at the International Association of Jewish Lawyers and Jurists. Stu currently serves on the Council of the Woodrow Wilson International Center for Scholars in Washington, D.C.
  A graduate of George Washington University, Stu received his J.D. from Georgetown University in 1979. He lives in McLean, Virginia.

  Law Practice
  The issues arising in Stu’s practice range from "private commercial" activities (such as aircraft ownership, oil and energy contracts/concessions, hotel/resort operations and textiles), to "public policy" issues including state-sponsorship of terrorism, confiscation/expropriation of property, violations of international law, international crimes and human rights. In addition to courts and arbitration venues, he has extensive contact with international organizations (such as the United Nations and the World Bank/IMF), executive and regulatory agencies (including the U.S. Department of State, the U.S. Department of Justice and the European Commission) and the U.S. Congress.
  Stu has worked on disputes arising in Central and Eastern Europe, Central Asia, the former Soviet Union, the Middle East, Africa, Central and South America, South and Southeast Asia, Oceania and China. His practice includes engagements both against and on behalf of sovereign governments.
  Prior to joining Crowell & Moring, Stu served as law clerk to U.S. District Judge Harold H. Greene and as an Assistant United States Attorney. He also served for many years as a member of the Committee on Grievances of the U.S. District Court, on the Board of the Historical Society for the D.C. Circuit, and the Judicial Conference for the D.C. Circuit. Stu is a member of the Bar of the District of Columbia.
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12/17/2017 General OneFile - Saved Articles
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Print Marked Items
Newberger, Stuart H.: THE FORGOTTEN
FLIGHT
Kirkus Reviews.
(May 15, 2017):
COPYRIGHT 2017 Kirkus Media LLC
http://www.kirkusreviews.com/
Full Text:
Newberger, Stuart H. THE FORGOTTEN FLIGHT Oneworld Publications (Adult Nonfiction) $30.00 6, 13
ISBN: 978-1-78607-092-0
The story of a 1989 plane crash that killed 170 people and eventually became "the greatest murder case in
French history."Unlike the Lockerbie airline disaster of late 1988--when Pan Am Flight 103 was destroyed
by a bomb, crashing into Lockerbie, Scotland, and killing 270 people--a similar terrorist attack, on UTA
Flight 772, en route to Paris from Chad, which wrecked in the desert of Niger a few months later, did not
garner such sensational news. Both bombs were ultimately tied to Libyan terrorists acting from the top
down. In fact, as attorney Newberger painstakingly chronicles in his first book, the crashing of Flight 772
on Sept. 19, 1989, was completely overshadowed by the Lockerbie tragedy. The author, who also
represented terrorist hostage Terry Anderson in his case against Iran in the early 1990s, recounts the process
the attorney underwent, thanks to some committed American diplomats, State Department lawyers, and
brave victims' families, to seek accountability from Libya and win an even larger settlement than that for the
Lockerbie victims, a settlement extracted from Libyan leader Moammar Gadhafi. The suit, Pugh v. Libya
(2003), was started by Douglas Matthews, a former pilot-turned-aircraft company owner who had owned
the DC-10 craft that crashed in the desert; in 2002, he approached Newberger to investigate a possible legal
claim against Libya. Drawing from the extensive criminal research conducted since the crash, the author
and his clients put together a strong case, as he delineates here. It is a detail-rich forensic process--
fascinating and, ultimately, rewarding, despite the upper-echelon government deals with Gadhafi, who
cooperated solely to finagle an end to U.N. sanctions. A capably sorted delineation of a complex, important
court case against Libyan terrorism that required years to extract accountability and compensation for the
victims.
Source Citation (MLA 8th
Edition)
"Newberger, Stuart H.: THE FORGOTTEN FLIGHT." Kirkus Reviews, 15 May 2017. General OneFile,
http://link.galegroup.com/apps/doc/A491934073/ITOF?u=schlager&sid=ITOF&xid=738152ad.
Accessed 17 Dec. 2017.
Gale Document Number: GALE|A491934073
12/17/2017 General OneFile - Saved Articles
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The Forgotten Flight: Terrorism, Diplomacy
and the Pursuit of Justice
Publishers Weekly.
264.17 (Apr. 24, 2017): p80.
COPYRIGHT 2017 PWxyz, LLC
http://www.publishersweekly.com/
Full Text:
The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice
Stuart H. Newberger. Oneworld, $30 (320p)
ISBN 978-1-78607-092-0
On Sept. 19, 1989, a suitcase bomb exploded on UTA Flight 772 en route to Paris from N'Djamena, Chad.
The DC-10 crashed in Niger's Tenere Desert, killing all 170 people on board. Six Libyans were implicated
in the heinous terrorist act, but the machinations of French President Jacques Chirac and Libyan leader
Moammar al-Gadhafi yielded only convictions in absentia and a paltry settlement for the families of the
victims. The world took little note of this chilling tragedy, coming as it did nine months after the Lockerbie
bombing, which claimed bigger headlines as well as U.S. and U.K. involvement. Newberger, a Washington,
D.C., attorney who had gained stature as a terrorism-victims litigator, attracted the attention of the owner of
the ill-fated UTA aircraft. Their case set in motion a barrage of legal and diplomatic wrangling to secure a
settlement for the American families of the UTA victims. Newberger deftly breaks down the diplomatic
flourishes and political motivations of the four countries involved in a complex web of determining
culpability for state-sponsored terrorism. This is an engrossing and approachable narrative that skillfully
distills the intricacies of this niche of international law and sensitively conveys the sorrows of the loved
ones seeking a measure of justice. (June)
Source Citation (MLA 8th
Edition)
"The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice." Publishers Weekly, 24 Apr. 2017,
p. 80. General OneFile, http://link.galegroup.com/apps/doc/A491250858/ITOF?
u=schlager&sid=ITOF&xid=6bb778c2. Accessed 17 Dec. 2017.
Gale Document Number: GALE|A491250858

• Jewish Book Council
  https://www.jewishbookcouncil.org/book/the-forgotten-flight
  Word count: 165

  The Forgotten Flight
  Stuart H. Newberger

  Oneworld Publications 2017
  322 Pages $30
  ISBN: 978-1786070920
  amazon indiebound
  barnesandnoble
  One of the nation's leading international lawyers has written a first-person account describing his handling of one of the most notorious terrorist attacks in history—the September 19, 1989 bombing of UTA Flight 772 en route from North Africa to Paris, killing all 170 passengers and crew members. Destroyed by a suitcase bomb planted by Libyan agents, UTA 772 was overshadowed by the PanAm 103 Lockerbie attack 10 months earlier. On that basis it was known as "The Forgotten Flight." The book describes how the French government cracked the case the diplomatic moves between Washington, London, Paris, Tripoli, and the United Nations in response and the author's long journey to hold accountable the Libyan State and its dictator, Colonel Qaddaffi. The book touches on many of the issues confronting the United States Israel and the civilized world as they continue to deal with the scourge of international terrorism.

• Wall Street Journal
  https://www.wsj.com/articles/terrors-tailwind-1499029226
  Word count: 1089

  BOOKS BOOKSHELF
  Terror’s Tailwind
  Among the debris scattered over miles of desert, a tiny piece of a circuit board was found that linked the bombing to Libya. The lawsuits began. Melanie Kirkpatrick reviews “The Forgotten Flight” by Stuart H. Newberger.
  Wreckage from UTA Flight 772.
  Wreckage from UTA Flight 772. PHOTO: AGENCE FRANCE-PRESSE/GETTY IMAGES
  By Melanie Kirkpatrick
  July 2, 2017 5:00 p.m. ET
  4 COMMENTS
  The word “Lockerbie” entered the global vocabulary on Dec. 21, 1988, when Pan Am Flight 103, en route from London to New York, blew up over the Scottish village of that name. All 243 passengers and 16 crew members died, along with 11 people on the ground. Ten months later, on Sept. 19, 1989, another plane exploded, this time over the Sahara Desert; 170 people perished on UTA’s Flight 772, traveling to Paris from N’Djamena, the capital of Chad.

  Stuart Newberger dubs Flight 772 “the forgotten flight.” Unlike Pan Am 103, the French airliner crashed thousands of miles away from TV cameras and the families of the victims. While Lockerbie and terrorism soon became synonymous world-wide, “UTA 772 might just as well have crashed on the moon,” he writes. Post-crash investigations found that both planes had been destroyed by suitcase bombs planted by Libyan agents acting on the orders of the late dictator Moammar Gadhafi.

  Mr. Newberger is well-placed to tell the story of Flight 772. He was the lawyer for the families of the seven Americans who died aboard the plane as they sued Libya for damages in U.S. federal court. “The Forgotten Flight” is an exhaustive examination of the events leading up to the crime and a detailed record of the families’ struggle to hold Libya accountable.

  Much of the evidence introduced in the U.S. trial was gathered by France, given the French ownership of UTA (now part of Air France). The probe was led by Jean-Louis Bruguière, a magistrate judge who had earned the nickname Le Sheriff for his toughness and tenacity. He and his team traveled the world in pursuit of the facts about what happened aboard Flight 772. An early clue came from a Congolese prostitute who said that, a few days before the crash, a Libyan client had told her not to travel on the doomed flight.

  Terror’s Tailwind
  PHOTO: WSJ
  THE FORGOTTEN FLIGHT
  By Stuart H. Newberger
  Oneworld, 320 pages, $30

  It was, however, the discovery of a tiny piece of green circuit board—“miraculously recovered from the tons of debris scattered over miles of barren desert,” Mr. Newberger writes—that provided the evidentiary link to Libya. The trail was tortuous: The circuit board had been manufactured in Taiwan for a German company that used it in a remote-controlled timer sold to a Libyan firm connected to Libya’s intelligence officials.

  When “The Forgotten Flight” recounts the French investigation, it moves along quickly and resembles a spy thriller. The only flaw in the narrative is the author’s irritating habit of lapsing into pidgin English when relating his conversations with Le Sheriff and others. Zee editor of Meester New-ber-jay’s manuscript ought to have excised these cartoonish passages.

  The rest of the story, though well told, is not as gripping as the hunt for evidence. Mr. Newberger describes the twists and turns of the legal case brought by the Flight 772 families and reviews other terrorism cases heard in the U.S. and abroad. The book’s final chapters take up sovereign immunity—the legal doctrine that protects countries and their diplomats from lawsuits in U.S. courts unless specific legislation lifts it.

  Such legislation was passed in 1996, when Congress and President Bill Clinton eliminated sovereign immunity for countries that sponsored terrorism, making it possible for the Flight 772 families to sue Libya. In 2007 a U.S. federal judge found Libya responsible for the Flight 772 bombing and in 2008 ordered the Libyan government to pay the unprecedented sum of $7 billion to the families of the victims and to the American owner of the plane, which UTA had leased.

  Also in 2008 Congress passed new legislation, signed by President George W. Bush, restoring sovereign immunity for Libya as part of a plan by the U.S. government to restore normal relations with that country and bring it into an antiterrorist coalition. Mr. Newberger’s judicial victory became moot. Not long after, the State Department began negotiating with Libya, which, in 2009, paid $1.5 billion to the U.S. Treasury to compensate all victims of Libyan acts of terrorism. The Flight 772 families each received about $10 million. Their claims weren’t fully resolved until 2013.

  Mr. Newberger’s disappointment at this turn of events is understandable. He is upset that the families did not receive a larger settlement and that the process was taken out of the hands of the court, whose judgment, he writes, had provided the families “a significant level of closure on their own personal journeys of pain and loss.”

  Even so, he is over the top in his denunciation of the U.S. deal with Gadhafi. He sees it as a betrayal of the rule of law, an insult to the victims’ families and a “reward” to a murderous despot. Among his most preposterous statements is one in which he says that the judge’s original ruling had been “pushed aside, subject only to the whims of the President.” He never explains why persuading Libya to give up its nuclear program and join the fight against al Qaeda—objectives that the president had determined were in the national interest—amounted to mere “whims.” The families deserved to be compensated and their loved ones remembered, but not at the cost of Americans’ larger interest in reining in a terrorist state.

  Near the end of “The Forgotten Flight,” Mr. Newberger quotes riveting passages from the transcript of the Flight 772 trial. Experts are describing the flight’s final moments—the shards of metal flying through the cabin, the fire, the plane breaking up. Says one: “There’s a pretty good chance . . . probably better than even, that a lot of passengers were conscious until they hit the ground.”

  Twenty-eight years after Libyan terrorists killed 170 people over a remote desert, Mr. Newberger’s well-researched book ensures that UTA Flight 772 will no longer be forgotten.

  Ms. Kirkpatrick, a former deputy editor of the Journal’s editorial page, is the author of “Thanksgiving: The Holiday at the Heart of the American Experience.”

• Literary Review
  https://literaryreview.co.uk/a-wilderness-of-wreckage
  Word count: 224

  ADRIAN WEALE
  ‘A Wilderness of Wreckage’
  The Forgotten Flight: Terrorism, Diplomacy and the Pursuit of Justice
  By Stuart H Newberger
  Oneworld 320pp £20 order from our bookshop
  LITERARY REVIEW - BRITAIN'S BEST-LOVED LITERARY MAGAZINE
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  About fifteen years ago I was sitting in a flyblown tent at an airstrip somewhere in the Middle East, waiting for an RAF C-130 to collect me for the hop to a real airport to catch the flight that would take me home. There was a table piled high with old paperbacks and magazines, dog-eared and floppy. I picked up one of the books and it turned out to be about air accident investigation; I started to read it. About four hours later, by which time I was in a comfortable seat on a commercial plane, I wished I hadn’t. The sheer helplessness of passengers and crew in a flimsy tube of fast-moving metal when something goes badly wrong is terrifying. Invariably the last words of pilots about to crash, recorded on the cockpit voice recorder – part of the ‘black box’ used to understand aviation accidents – are ‘Oh shit’, or words to that effect.

• The Weekly Standard
  http://www.weeklystandard.com/terror-and-slow-justice-dragging-libya-to-court-for-a-deadly-1989-hijacking/article/2009517
  Word count: 877

  THE MAGAZINE: From the September 11 Issue
  Terror and Slow Justice: Dragging Libya to Court for a Deadly 1989 Hijacking
  From the Sept. 11, 2017, issue of the WEEKLY STANDARD.
  SEP 11, 2017 | By ANN MARLOWE

  In 2007, nearly two decades after UTA 772 was brought down by a terrorist bombing, families of the victims gathered in the Niger desert to construct a haunting memorial, here shown in a satellite image. Thousands of black rocks form a silhouette the shape and size of a DC-10, slowly obscured over time by the shifting sands. Photo Credit: DigitalGlobe / Getty Images

  Few Americans noticed, but this past June, Muammar Qaddafi’s longtime spy chief Abdullah Senussi was apparently released from prison in Tripoli, where he had been sentenced to death in July 2015 for decades of officially sanctioned murders of his fellow Libyans. If Senussi was not released—everything is murky in Libya—he was at least seen at a festive meal at a Tripoli hotel.

  Justice has been a long time coming to Senussi, one of six Libyans convicted in a French court in 1999 for the murder of 170 people on UTA Flight 772, the “forgotten flight” of the title of Stuart Newberger’s book. The DC-10 had left Brazzaville, Congo, on September 19, 1989, and reached its first stop, N’Djamena, Chad. It took off from N’Djamena for its final stop, Paris, but 45 minutes after takeoff a bomb exploded and the plane broke into four sections that plunged from the sky, some of the passengers likely still conscious when they smashed into the Niger desert.

  Newberger, a lawyer who represented the seven Americans killed on Flight 772, writes that it is unlikely Senussi will leave Libya alive. But his own narration of decades of terror by Qaddafi and others, and decades of appeasing international responses, should make us wonder. One condition of the release of the American hostages from Iran in 1981 was that they could not sue Iran. Many laws have been passed since to assist victims of terror in seeking redress in civil lawsuits in the United States, but as Newberger’s UTA 772 case shows, legal judgments can always be overtaken by political events. The results are rarely fair to the victims of terrorism and their loved ones.

  Newberger is most engrossing in describing the work supervised by France’s Jean-Louis Bruguière, an 11th-generation investigating magistrate, which he calls with some justice “one of the greatest detective stories of all time.” The plane’s debris—and the passengers’ remains—were scattered over a 50-by-5-mile area of remote desert in an era before GPS, mobile phones, Google Earth, and many other contemporary tools. Remarkably, within four weeks the remains of a suitcase were found; it tested positive for plastic-explosive residue.

  Bruguière leveraged France’s good connections in Congo, where it turned out the bomb entered the UTA plane in a suitcase carried by a Congolese, Apollinaire Mangatany. His small group of revolutionaries aimed to overthrow Mobutu, the dictator of neighboring Zaire, and they accepted assistance from Libya’s Brazzaville embassy. In revenge for France’s support of Chad in the recently ended Libya-Chad war, Mangatany’s Libyan handlers supplied him with a suitcase containing explosives, telling him it was intended to blow up the French plane when it sat on the runway in N’Djamena. Mangatany may not have been killed in the explosion: His remains, along with those of over 60 of the other passengers, were never identified, and it’s possible he got off the plane in Chad and disappeared.

  By June 1990, physical evidence surfaced indicating Libya’s involvement. Newberger details the patient police work that tied a tiny piece of green plastic circuit board found at the crash site to the German middleman who sold 100 Taiwanese-made timers to one of Abdullah Senussi’s subordinates in the Libyan Mukhabarat (intelligence service). The Germans apparently had thought they were providing timers for battery-operated runway lights on remote desert airstrips in Libya.

  In October 1991, Bruguière issued international arrest warrants for four Libyans—including Senussi. But none was extradited: Libya doesn’t allow its citizens to be tried for crimes outside the country, and Libya’s lawyers pointed out at the time that France doesn’t either. Eventually Bruguière charged Senussi and five other Libyans with destroying UTA 772; they were convicted in absentia in 1999.

  Meanwhile, in November 1991 a Scottish prosecutor had indicted Abdelbaset al-Megrahi and Lamin Khalifah Fhimah, apparent Libyan Mukhabarat agents, for the bombing of Pan Am Flight 103 over Lockerbie, Scotland, on December 21, 1988, which resulted in the deaths of 259 passengers and crew, as well as another 11 people on the ground. The majority of victims aboard that flight were American and the crash site was easy to reach, so it received much more media attention than UTA 772. Yet even for Pan Am 103 it would take until 2003 for a compensation deal to come together, and it was not finalized until 2008.

  Newberger entered the story in April 2002 when he was contacted by Douglas Matthews, the billionaire owner of the DC-10 leased to UTA. Matthews wanted to bring a civil suit against Libya for the destruction of his $40 million aircraft, and his lawyer knew of Newberger.