NEW YORK BOSTON |#Popular: Irish Celebrity Gossip Irish in US Politics Irish Festivals Irish Roots Irish Entertainment Offbeat Irish

Home Page > News > Irish groups angry over British subpoenas for Boston College IRA interview records

Irish groups angry over British subpoenas for Boston College IRA interview records

Valid legal arguments for opposition to the subpoenas

Irish Voice Reporters,

Published Friday, September 9, 2011, 8:10 AM

Updated Friday, September 9, 2011, 8:12 AM

Larger Text

E-mail

47 Comments

Rosemary Nelson

Leaders of the Ancient Order of Hibernians, Irish American Unity Conference and the Brehon Law Society have joined in protesting British subpoenas of records/tapes currently held under strict security protocols and access restrictions by the Burns Archives of Boston College.

After a series of meetings, representatives of the groups have agreed that not only are there valid legal arguments for opposition to the subpoenas but also foreign policy and morals grounds for doing so.

“We allege,” stated Belfast solicitor Eamonn Dornan, “that the attorney general who has the authority to grant or deny the subpoena request, has failed to fulfill his responsibilities under the Mutual Legal Assistance Treaty.

“That treaty requires Attorney General Eric Holder to review the public policy implications of the subpoenas, especially the obligations of other treaties such as the Good Friday Agreement of 1998 and the U.S.-U.K. extradition treaty.”

Jim Cullen, spokesman for the Brehon Law Society, acknowledged that other Brehon lawyers and those designated by the AOH and IAUC are in agreement that meetings with Senator John Kerry, chairman of the Senate Foreign Relations Committee, and Congressman Richard Neal, chairman of the Ad Hoc Committee for Irish Affairs, and others will be now undertaken to fight the release of any records to the British government and/or whatever rogue or dissident elements of the PSNI may have prompted these subpoenas.

“There are compelling arguments that this is little more than a political fishing expedition but there are related issues of the potential endangerment of the lives of researchers Moloney and McIntyre and fundamental fairness,” said Cullen.

Concluded Cullen, a retired brigadier general with the Army JAG and an attorney with Andersonkill & Co. Ltd, “The British government has spent nearly 40 years refusing to release records of the role of the British Army in the largest atrocity of the entire conflict, the no-warning bombing of Dublin and Monaghan which killed 33 innocent people and maimed another 200 and refusing to allow independent inquiries of the murders of solicitors Patrick Finucane and Rosemary Nelson by the very same forces seeking the Boston College records.

“Her Majesty’s minions now demand the U.S. government to snap to and produce academic records? We are confident that American jurisprudence and/or the American political process will be sensitive to these ironies and will provide relief or redress from this outrageous corruption of law and justice.”

Nster.com

E-mail

47 Comments

15 - 47 | See all comments

sirpeter | Sep 22, 2011, 03:33 PM EDT

Fallsers You didn't answer my question.You said."The blame needs to be apportioned all the way around, the SI,NI, Brits,N America".I'm asking you to divide up the level of responsibility for the trouble in NI percentage wise.You have to agree the paramilitary organizations and the violence on both sides are only a product of those who rule and hold the power.They don't come out of thin air at all.Do you honestly think that the people of the south would see a UI as some sort of victory and if McGuinness is elected we will ram it down our protestants neighbours throat.If you think that you are well wide of the mark.We don't have a religious divide down here.Everyone lives together.We don't give a damn what religion anybody is.No one cares.Here is the way it is for myself.I have Catholic and Protestant friends.My neighbours father is Bishop Michael Mayes (Church of Ireland)and my wife and his wife were very friendly when they lived in Cork.They are extremely nice people.And my milkman is a Brit from Birmingham whom I have a good old chat with every time he calls for his money.He told me recently that he was a Jehovah Witness.As far as I can see this religious crap is just an NI thing.Big Ian might have been right years ago when people were more religious.But any fool can see by recent events that we don't have a Catholic state.We just have an Irish state.I'd like you to explain exactly what rules we are following from Rome.If anybody rules it's EU rules.Seriously Seamus "Irish rule means Rome rule" *Shakes head.I'll just haul you into the 21th century there Seamus.haha.

Report abuse

FallsRNat | Sep 21, 2011, 05:14 PM EDT

yes, of course, the difference between us, is that i'm happy to accept the collective responsibilty as a NI catholic in allowing an organisation such as PIRA to effectively rule out a UI based on the principle of consent for all of the people on this island, what you singular fail to accept or even recognise is the role of Irish imperalism since 1919 (ROI) in driving forwards the ever increasing attitude that a UI could be achieved only by the gun. From my view point I can't see a solution in reverting back to the tribal catholic psyche that if a UI is achieved, it can celebrated as a 'victory' by our side & the election of McGuiness will no doubt ram that down the prods throat. A victory for an Irish catholic state, well Paisley was right after all, Irish rule means Rome rule.

Report abuse

sirpeter | Sep 20, 2011, 04:53 PM EDT

Apportioned is the word Fallsers.But it could never be in equal measure.It wouldn't be reasonable for me to think if I throw a rock through my neighbours window first and he throws a rock back through my window that the blame is then distributed equally.Two wrongs don't make a right.But retaliation is a natural human response.But what would be interesting is how you would apportion the blame percentage wise taking all things past and present into account.British Imperialism were the first stones thrown Fallsers.Unless you think an English Pope had the right to urge an English King to invade Ireland against it's knowledge or will.Though many dispute this Papal Bull and none is in existence.Question is Fallsers could you apportion the blame percentage wise and be impartial doing it?

Report abuse

FallsRNat | Sep 19, 2011, 06:39 PM EDT

if the NI problem is all the english/brits fault, then nothing has changed, we will never have peace or a UI, the blame needs to be apportioned all the way around, the SI, NI, brits, N America, europe have blood on their hands.

Report abuse

sirpeter | Sep 19, 2011, 05:11 PM EDT

Fallsers.I'm not quite sure what the thanks was for,but cheers for that.I have always said the GFA and the peace that is in NI is paramount above all else.While I fully agree that the families of the genuinely innocent deserve justice.I also fear that it could change the status quo as alot of what happened must lead to the top.All the politicians on both sides who took a huge chance and years of work to get peace process up and running need protecting in my opinion.They might all be guilty as hell and they probably all have something to hide.But if important cogs fall,there are hardliners on both sides just waiting in the wings to fill the vacuum if they can.I want to see justice done but not at the expense of peace.The wrongdoings of the past can't be changed.I know justice will be done for these people sooner or later,because time has a way of pushing truth to the surface and for those genuinely innocent people who have suffered a wrongdoing there are probably many who know the truth and will speak up at some stage and their innocence will be written in history on the same page as those who are guilty.You know my opinion on what I think is the best way forward for everyone on this island.I firmly believe that Unity is the way forward.Because partition was the biggest injustice done to this small island.As Tony Blair said what happened in NI was as much England's fault as anybody else.From an Englishman that's their way of admitting 100% fault.Who payed the price?People living on this island.

Report abuse

FallsRNat | Sep 18, 2011, 02:53 PM EDT

sirpeter - thanks for the posting below, i'm afraid that there will have to be some serious soul searching by all sides in the conflict, the families of the fallen innocents deserve that, maybe a South African style truth commission, something i'm personally opposed to, as i believe that the perpertrators of these crimes shouldn't escape punishment, but if the people so wish this type of event, then i would have no objections. I attended an open meeting with Mo Mowlem before she went into the Maze to meet the UDA/UVF, as you can imagine, I was critical at the time, but she said that it was a price worth paying if the loyalists could deliver the ceasefire. I was incredulous afterwards to find out that Johnny Adair had held out for the ceasefire to go ahead, but had been out voted by the other loyalist leaders in the maze, the last trump card he played was for the NI secretary to visit the Maze to talk over their concerns, it's not all black & white mate, just think that history in 20 years time will laud Mad Dog as delivery of peace whereas in West Belfast he was thought of as the deliverer of something else. seano - the lads i served with are not murderers, they obeyed orders in a combat situation, on Bloody sunday, combat troops such as the Paras shouldn't have been used to quell riots, as these types of troop are normally reserved for 'shock & awe' tactics such as the US Delta Force, i wouldn't like to see normal squaddies put on trial whilst their military/political masters get away scot free.

Report abuse

seanomelbourne | Sep 18, 2011, 03:58 AM EDT

Falls how many tommies wre incarcerated for murdering Irish children they were more inclined to be ushered into trough the back door of the palace to recieve a medal as the tommy officers did after bloody sunday., oops!I forgot you served with these murderers.

Report abuse

sirpeter | Sep 17, 2011, 08:52 PM EDT

Fallsers.Well I just don't know to be honest.I just wish at this stage it would all stop.Apart from getting recognition that what happened on Bloody Sunday with what was a British mess-up.I think everyone should just let things be.When is it going to end if everyone keeps looking for justice.If justice can be done without risking the peace process.Then let justice be done..But when will it all end.I mean even Martin has said he will meet and entertain the Queen if he was elected.haha.IRA chief of staff having a knees-up with the Queen in the Aras.I know he won't be elected but even for him to say it is hard to get to grips with it.It's time to move on.

Report abuse

FallsRNat | Sep 17, 2011, 03:00 PM EDT

seano - i don't follow your logic, u seem to be justifying the murder of Mrs McConville because the loyalists carried out their own sectarian murders, the members of these were quite rightly prosecuted by the force of the law within the UK, Ireland & Ulster. i'm afraid in my book this should never be used as justification, PIRA were supposed to stand head & shoulders above the loyalists et al because they supposedly never targeted civilians, unfortunately the events of Mrs McConville, Teebane, Shankill, Bloody Friday etc proved they were just as sectarian as the people they were condemning. At the end of the day, the GFA let terrorists from both hue out of prison to guarantee the agreement, I don't remember the general population giving them a free pass on murder. 3 top provies have now confirmed that the McConville murder was perpretrated on the orders of Gezza & any govt that has a stake in a democracy has the right to pursue evidence to bring to trial the people who organised or ordered these types of killings. sirpeter, the transmitter idea is bullshit, the only ones in use at that time by any country inc US FBI, CIA needed standard aerials, covert operations were very ham fisted, so i know that Hughes was sticking to the PIRA lie, it just wouldn't have been feasible or cost effective to install in a house. The BA used a laundry truck that the RA fired on at that the time, it had an aerial on the roof, all this Tinker, Tailor stuff is crap. The truth is that the end of the day, PIRA had to justify a sectarian killing, they shot other prods & claimed the same thing, the loyalists did the same to justify their own action. To me, if verbal testimony was to become available in the same way as the Boston tapes & were held for say the murder of Patrick Duffy or Daniel Carson & they were held in UCD, I would expect the 'brits' to apply for the extradition of these documents in the pursuit of a crime.

Report abuse

sirpeter | Sep 17, 2011, 08:54 AM EDT

Fallsers.You don't know what Gerry did or didn't do.Before someone can be held accountable you have to show proof.At this present moment you have NO PROOF!!What you have is hearsay.Seamus!!EVEN Hughes said in his book that Mrs McConville was being paid to inform on IRA movements in the area and had a radio transmitter in her flat.He also said that Gerry ordered the killing.NOW!!You either believe Hughes fully or you don't believe him at all.You can't just say he was telling the truth in one part and lying in another.Hughes is dead and he can't be cross-examined.Therefore it is hearsay.The true light according to Hughes is she was a spy and was ordered to be killed by Gerry.If she was a spy she deserved to be shot.The kids say there was no transmitter.But what mother is going to let her kids see a transmitter.Kids can't be trusted to keep their mouth shut.You're argument is blown out of the water by using what Hughes said.

Report abuse

seanomelbourne | Sep 17, 2011, 08:40 AM EDT

Falls muy father was in arbour hill (1936)he spent the first six months in solitary confinement.He was "lifted" in 1940 and spent 2yrs in the curragh he never joined the BA it was a matter of principal.I do not know how you draw the conclusion that I glorify the death of Mrs McConville.Go tell the UDR,UDF,UDA and the rest of the orange terrorists who smugly tittered at the deaths of nationalist children.Of the 150 children killed in the north east of Ireland 135 of these deaths are registered as murdered by your loyalist friends(including your brave British army).The high moral ground can be very muddy and slippery be careful.

Report abuse

FallsRNat | Sep 17, 2011, 05:01 AM EDT

seano - cheap jibes will get u nowhere, so what if i served in the british army, my grandfather did as well & he was in the IRA in the late 30s & served in the BA in the 40s, does that make him less of a patriot in your eyes. The difference between my family members in the OIRA is that never took someone away & murdered them because they gave comfort to a dying combatent even if that person was on the opposing side. PIRA have for years tried to smear Mrs McConville with their 'spy' lies, she wasn't, she was brutally murdered because she held the hand of a dying man, as I said before this has come to light because Hughes decided to throw the true light on this event. gezza has enough blood on his hands & needs to be held accountable for this if he gave the order for the murder. It is not logical & only the most ardent republicans would glorify in the death of an innocent, if you fervantly subscribe to the mistreatment of innocents within an armed conflict & for the republican movement this momemt of truth has arrived. Mrs McConville done nothing wrong, the fate that she got was totally undeserved & someone should answer for that crime.

Report abuse

seanomelbourne | Sep 17, 2011, 12:28 AM EDT

Fallsrnat I am proudly dublin born,If you wish to keep up with the latest news,Sinn Fein have nominated Martin McGuiness as a candidate for president.Why should you care about Ireland your an ex British tommy with foreign blood on your hands.Stick to your queen and country and leave Ireland to the Irish.

Report abuse

sirpeter | Sep 16, 2011, 01:41 PM EDT

Seano.They'll run away now for a while.Because when I show the common ground between Catholics and Protestants in NI.They can't handle that.Because deep down they want to feel superior to their Catholic neighbours.It's like a dirt poor cracker white farmer in the deep south of the USA.They too had to feel the were better then the dirt poor blacks.Sad really

Report abuse

FallsRNat | Sep 16, 2011, 01:00 PM EDT

seanomelbourne - now i know your not irish, PIRA won, if they had they would be living in a marxist controlled 32 county ireland, get the PIRA rule book, volunteers didn't die so Martin McGuiness could be a 2nd minister in a british statelet, feck me, i know most of you love gezza & the boys, but even sirpeter would agree that a UI doesn't exist today.

Report abuse