The Boston College legal decision which orders the college to hand over tapes of interviews of IRA members to the US Justice Department and British authorities could be appealed to the US Supreme Court.
A top legal expert told Irishcentral.com that he “wouldn't be surprised if they sought leave to appeal to the US Supreme Court ... It is possible that if this case makes it to the Supreme Court they might carve out an exception for scholar research.”
He said such an appeal would delay the court ruling.
The appeals court confirmed an earlier court verdict that the tapes, made at Boston College between 2001 and 2006 with leading IRA and Loyalist figures had to be handed over. Participants had been told by the researchers that their testimonies would be secret until they passed away.
Ed Moloney, one of the researchers, released the book “Voices from the Grave” containing the testimony of two men, IRA commander Brendan Hughes and former Loyalist paramilitary David Ervine, who did the interviews and later died which led to the British demand for disclosure of all the tapes.
A Supreme Court challenge to carve out an exception could succeed the legal expert stated. However, he pointed out that the Supreme Court rarely overturned verdicts from the Boston appeals circuit “They rarely reverse Court of Appeals decisions and reversal of the 1st Circuit - Boston is rarer still.”
The expert also pointed to the dissent in the case by Judge Juan R. Torruella who “reluctantly” concurred in the judgment.
Torruella wrote “It is one thing to say that the high court has considered competing interests and determined that information gatherers (here, academic researchers) may not refuse to turn over material they acquired upon a premise of confidentiality when these are requested via government subpoena in criminal proceedings,” he commented.
“It is entirely another to eagerly fail to recognize that the First Amendment affords the Appellants ‘a measure of protection ... in order not to undermine their ability to gather and disseminate information.
“In his opinion he seems to say he disagrees with the judgment but must concur in light of an earlier US Supreme Court case.” Chief Judge Sandra Lynch stated the researchers could not claim that they had specific rights under her reading of a legal treaty between the United States and the United Kingdom.
She also stated that the U.S. Supreme Court ruled in its 1972 "Branzburg v. Hayes" decision that journalists do not have the right to refuse subpoenas based on their own promises of confidentiality.
"As in Branzburg, there is no reason to create such a privilege here," Lynch wrote. "The choice to investigate criminal activity belongs to the government and is not subject to veto by academic researchers."
Meanwhile lawyers for the two researchers, Ed Moloney and Anthony McIntyre say they fear for their safety. “We’re very disappointed,” James Cotter III, one of Moloney and McIntyre’s lawyers told the Boston Globe. “And I’m disappointed personally for our clients, who have been through quite a bit.”
Cotter also expressed worry for the safety of Moloney and McIntyre. “That’s the real concern for us,” he said.
Eamonn Dornan, another lawyer claimed the IRA could view Moloney and McIntyre as informers and target them and their families for violence.
Dornan also stated the release of the interviews would have a chilling effect on future academic research in the United States.
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Switch to the desktop site to post a comment.FallsRNat | Jul 11, 2012, 06:33 PM EDT
On this board the emphasis has switched to Martin Corey, i'm not sure why as the debate is about justice for the McConville's. If Corey is being held without justification, then he should be released, but he shouldn't be used on this thread to obscure the rights of the McConville's to have people held to account for the murder of their mother
DanOLoingsigh | Jul 11, 2012, 02:26 PM EDT
maireadinmelb - I agree with your comment that nobody should be held without knowing why, and if that's the case it is very wrong...as far as I can see Ms Price is now being held on other grounds...a bit more serious...
seamus60 | Jul 11, 2012, 07:37 AM EDT
maireadinmelb. 100%. The issue that concerns me more is the fact that such an abuse is not being challenged by the biggest party in Ireland. An Ireland of equals an all of that. Yet no one here appears to have any answers as to why.
maireadinmelb | Jul 11, 2012, 02:13 AM EDT
The idea that any person is held in a prison without knowing what evidence is being used against them is a fundamental breach of democracy and liberty! That is how dictatorial governments are born! There is a difference between having a political opinion and being guilty of murder. Marion Price although convicted of terrorist crimes (in a system that made many errors - ask the guildford four etc) served a sentence was released. How does holding a piece of paper compare to the conduct of Ian Paisley's hate ridden violence inciting speeches over a 50 year period?
seamus60 | Jul 10, 2012, 08:53 PM EDT
You may just get more than what you wish for Fallsrnat. The house of lords are shortly to vote on whether to roll out this crazy closed material process across the board to include employmeny disputes , imigration and just about anything they like against anyone they dislike. But not a mention of it in Stormont. Try it out first on Republicans,
seamus60 | Jul 10, 2012, 05:55 PM EDT
So Martin Coreys 21 years served as a political prisoner is now considered a free pass.
seamus60 | Jul 10, 2012, 05:52 PM EDT
Fallsrnat. Martin Corey is being held because of closed material. A judge has decided that there is nothing in the closed material that is of any relevance for detaining ANY individual. So much so he has referred it back to the INDEPENDANT board that had already refused Martins release on the same closed material, wanting to know how they arrived at their decision in the first place. There is clearly scullduggery going on. There are rules as laid out for ex-prisoners in the GFA. Are you saying its ok to change them for individuals now.
FallsRNat | Jul 10, 2012, 04:50 PM EDT
for many years both sets of loyalist & repulican terrorists assumed that they were given a free pass for their heinous crimes, during the run up to the GFA, we the ordinary people were treated to their celebrations when they were released, now, however, the time has come to investigate these crimes, the terrorists are crying & pleading to be special cases & allowed literally to get away with murder, i'm sorry, but if Price committed to tape her part as the driver to took Mrs McConville to her execution, then she should be held to account for her actions, nobody in the Nationalist community is against these tapes being sent back to NI, for the sake of everybody on the island of Ireland, these people need to take responsibilty for their actions, saying sorry, just doesn't cut it.
seamus60 | Jul 10, 2012, 11:49 AM EDT
Kilsally. Maybe you should tell that to judge Treacey and the European Court of Human rights. AS you appear to believe they have both gotten it wrong. But hey don`t let a few "it seems" get in the way of locking up Irish republicans cause they don`t tow the SF party line. The fools have not learned by the past. This will be a recruitment winner for millitant republicans. The fasade of such tactics to stop dissenchanted SF`ers and the likes jumping ship will have the opposite effect. Is Marian price charged with holding a piece of paper ? Did Gerry or Martin EVER get ARRESTED for doing the same ????
Kilsally | Jul 10, 2012, 11:26 AM EDT
Seamus60 - neither Martin Corey or Marian Price are interned. Both they and a couple of Loyalist paramilitaries who were released early on licence / parole have been returned to jail to serve the remainder of their original sentences as it was deemed they have been breaking their licence terms by taking part in crime or supporting terrorism - price was at a dissident republican rally holding up a speech for a balaclava clad man spouting about killing catholic policemen just after Catholic Officer Stephen Carrol had been killed. Corey it seems has been doing similar but the evidence is from the intelligence services and has not been released- the court case is on the technicality that only the court and parole board have seen this evidence - corey has not. maireadmelb - the tapes were requested as part of the murder investigation of Jean McConville - tapes would obviously be required as evidence even if people already know their contents.
seamus60 | Jul 10, 2012, 11:01 AM EDT
They waited till the tapes went stateside. Its now a massive international story, that sends a clear warning out to anyone thinking of putting pen to paper as to their involvement in conflict, that they leave themselves open. Possably even US millitary.
maireadinmelb | Jul 10, 2012, 05:48 AM EDT
IF the PSNI know what is in the tapes why do they need them?
occassio | Jul 10, 2012, 12:15 AM EDT
DanOLoingsigh. The PSNI's claim that these tapes will result in justice is disingenuous and not to be believed. Alas, interest and sincerity come decades too late. There are other motives at large. The PSNI is not known for honesty and moral rectitude. You must peel away the layers to get at the core.
seamus60 | Jul 09, 2012, 07:29 PM EDT
Oliver12. Destroy the evidence ? just like the brit gov done for the Para`s shortly after Bloody Sunday. Anyways in this case "what evidence" ? According to SF all those interviewed suffer from mental illness and or have drink and other problems. The standard excuse to discredit anyone not in their thinking terms.
seamus60 | Jul 09, 2012, 07:08 PM EDT
That was the latest in the ongoing Internment of republican Martin Corey. SF welcomed his release but as of yet have made no comment on his arrest before leaving prison from his last bout of Internment. In the old days they would have wasted no time at all in calling people onto the streets to protest at the same injustice, only differance being Martin doesn`t tow the party line.
seamus60 | Jul 09, 2012, 07:03 PM EDT
Seagreen. This is exactly what I`m talking about............................................The BBC reports on today’s ruling On Monday, Mr Justice Treacy held there had been a breach of the European Convention on Human Rights which states that anyone deprived of their liberty can have the lawfulness of detention decided speedily by a court. The judge found that the open evidence did not advance the Northern Ireland Secretary’s case against Corey, meaning that the decision was solely based on closed material. Mr Justice Treacy also ruled that the Parole Commissioners misdirected themselves in law and failed to provide a sufficient safeguard against the lack of full disclosure. He stated: “I’m going to remit the matter to the commissioners to reconsider the matter in light of the judgment of the court.” Corey was also awarded legal costs in bringing the challenge. As the Guardian report adds While Corey waited in Maghaberry jail to be freed the secretary of state moved to block the release and at around 5.30pm the veteran republican was re-arrested and remains in the prison.
DanOLoingsigh | Jul 09, 2012, 05:59 PM EDT
Irelandnorth - there is no privilege applicable to these tapes, as far as I can see...allegations of Garda collusion are the subject of the Smithwick enquiry in Ireland, and are in the public domain...see many Irish Times articles...while there is an argument to 'let sleeping dogs lie', it must either be applied to all or to none...which would mean an executive decision to stay, for example, the proposed enquiry into offences connected to Bloody Sunday, and other republican totems...with certain groups repeatedly demanding just the opposite, it sounds like a case of 'be careful what you wish for'?
seamus60 | Jul 09, 2012, 05:59 PM EDT
seagreen. With respect what you are pointing out about the US govs contribution to the process and what the Supreme courts attotude should be in view of this. You are crossing a very dangerous line. One that we in Ireland have suffered at the hands of for hundreds of years. Just look at the Patriot act. A political law that will prosecute people for their political beliefs. This is what we need to get away from.
Kilsally | Jul 09, 2012, 07:02 AM EDT
BBC: Jean McConville's family welcome IRA Boston ruling Jean McConville, left, was abducted and murdered in 1972 The family of Jean McConville, murdered and secretly buried by the IRA 40 years ago, have welcomed a US appeal court ruling that an interview with a former IRA bomber should be handed to police. In the Boston College recording, Dolours Price allegedly discusses Mrs McConville's death. She spoke on the strict understanding that the interview would be kept secret until after her death. But a US Appeal Court ruled a tape transcript should be handed to police. Detectives in the Police Service of Northern Ireland (PSNI) investigating the murder of Mrs McConville, one of the so-called "Disappeared", requested the transcript. The Disappeared were people abducted, murdered and secretly buried by the IRA. In 1972, Jean McConville, a mother of 10, was taken from her Divis Street home in Belfast and was shot and buried near a County Louth beach. Her body was found at Shelling Hill beach in 2003.
IrelandNorth | Jul 09, 2012, 06:20 AM EDT
There's such a thing as privileged information/client confidentiality/sacradotal privilege, etc. Why the indecent haste by British authorities for discovery of documents when they themselves impose 30 year embargos on release of sensitive information. (In the case of 1916 - 90 yrs!) A recessive British imperilist gene may be raising its ugly head to the detriment of British-Irish democracy/peace process. A Conservative Party Member of Parliament (MP) in their House of Commons in recent years used parliamentary privilege to impute guilt by suspicion of prominent Northern Ireland (NI) lawyer of republican sympathies - resulting in that lawyers' unlawful murder by unionist paramilitaries subsequently. This extra-judicial parliamentary manoeuvre was repeated more recently by a NI MP/MLA (Member of Legislative Assembly) in voicing suspicion in Westminister of Garda collusion in suspected Irish Republican Army (IRA) assassination of ex-Royal Ulster Constabulary (ex-RUC) officers in NI. To what extent is it in the interests of justice to release sensitive contemporary information to a country whose parliament is occasionally used as a Camera Stellata or Star Chamber? The tragic death of Mrs Mc Conville will not be assuaged by endeangering the lives of suspects. Prosecuting the hard earned peace process most definately will.
maireadinmelb | Jul 09, 2012, 04:42 AM EDT
Will they chase up the unionists testimony? Will the names of teh soldiers who shot innocent persons (as proven in the Saville inquiry) on Bloody Sunday be released do they not deserve justice.
Cheryld | Jul 09, 2012, 01:04 AM EDT
there is now no credibility to be given to anything the supreme court of the USA decides. They no longer have any honor and are nothing more than politically bought decisons.
DanOLoingsigh | Jul 08, 2012, 07:57 PM EDT
debimcguin - The tapes have been requested in order to find out who killed an Irish mother...we know her name, does she not deserve justice?
Oliver12 | Jul 08, 2012, 05:06 PM EDT
Releasing the information will create more trouble. There's been far too much for far too long. Destroy the evidence,leave the Troubles behind and Unite Ireland once and for all!
debimcguin | Jul 08, 2012, 03:02 PM EDT
sorry I meant to say "understand". Typing way too fast....
debimcguin | Jul 08, 2012, 03:00 PM EDT
And shame on Chief Judge Sandra Lynch, maybe she should do her own homework on her Irish Heritage, as "Lynch" was one of the original families of "The Tribes of Galway"!!!! I will never ever unstand during a war to save their country, the Irish are at fault, what about the English that invaded the country and many Irish were killed? Why doesn't anyone want to know their names!
teryclarke | Jul 08, 2012, 12:42 PM EDT
For a fictional account of one IRA man, hiding out in New York City, learning about the troubles of another Irishman, in Buenos Aires, please see my new story "The War", available at Amazon. http://www.amazon.com/The-War-York-Stories-ebook/dp/B008I9MX46/ref=sr_1_15?ie=UTF8&qid=1341765205&sr=8-15&keywords=Terence Clarke Terence Clarke
seagreen | Jul 08, 2012, 11:24 AM EDT
In a situation such as this, all legal avenues must be used. When the US Supreme court realizes the ramifications of the disclosure of this information could cost lives, it will be on a national level, and not some judge in Massachusetts. The US government was a player in efforts to bring peace in Ireland, and the breakdown of these endeavors should not be caused by a judge at a state level.. Boston College keep your damn nose away from where it should not be..
torbreezy | Jul 08, 2012, 10:27 AM EDT
Why was the "top legal expert" not identified by name and accompanied by his purported bona fides?