Chairman of Senate Foreign Relations Committee Menendez letter to Secretary of State Kerry

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June 28, 2013

The Honorable John F Kerry
Secretary of State
Department of State
Washington, D.C. 20520

Dear Mr. Secretary,

As you know, the United States Court of Appeals for the First Circuit recently reviewed the subpoena of documents and recordings of the Boston College Oral History Archive on the Troubles in Northern Ireland. The Court ruled in early June that only a portion of the materials at issue in the case could be turned over in response to the British government’s request pursuant to the U.S.-UK Mutual Legal Assistance Treaty (MLAT). Nevertheless, I remain concerned that the United Kingdom’s request for the material may still have the effect of threatening the precious peace won by the Good Friday Agreement.

Prior to a final decision by Attorney General Holder, these materials should be carefully weighed by State Department experts on Northern Ire;and’s peace process to determine whether their release could damage inter-communal reconciliation and might run counter to our national interests. I share the concerns of many in the Irish-American community who have asserted that the nature of this request raises doubts about he wisdom of the British government’s Northern Ireland policies.

If Ultimately the Administration has no further legal grounds to withhold release, it is my hope that you will engage with the Department of Justice to minimise the potential damage these documents might do by taking full advantage of our rights under the U.S.-UK MLAT. Article 7 stipulates that the UK, as the “Requesting Party,” is required not to use or disclose any information or evidence obtained for any purposes other than for the proceedings stated in the request without prior consent of the United States. The Department of Justice should impress upon the British government that the provision of the records are conditioned on the agreement that they will not be released for use in civil proceedings.

Our country made a significant diplomatic investment in resolving “The Troubles” in Northern Ireland. I would be a terrible error in judgement if the United States was to not engage now in the due diligence necessary to protect our investment in this hard-won peace.

Sincerely,

Robert Menendez

Cc: The Honorable Eric Holder, Attorney General

Senate Committee on Foreign Relations Chairman Menendez to Secretary of State Kerry: Do Not Undermine US Interest in Progress

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April 8 2013

The Honorable John F Kerry
Secretary of State
U. S. Department of State
Washington, DC 20521

Dear Mr Secretary,

For over a year I have monitored the government of the United Kingdom’s efforts to subpoena the documents and recordings of the Boston College Oral History Archive on the Troubles in Northern Ireland as the issue was reviewed by our federal courts.

As you know the Good Friday Accords established a precious, but fragile peace, one which endures despite the accumulated pain and resentment of people who experienced thirty years of tragic violence. The Boston College Archive could be a monument to that troubled time and a means for future generations to appreciated their complicated history and achieve mutual understanding. However, the United Kingdom’s request for the material could have the effect of re-opening fresh wounds and threatening the success of the Good Friday Accords.

Mercifully, the terrible times when events in Northern Ireland led the news headlines are past, but they are not so distant that we should neglect our nation’s role as a steward of that fragile peace. To that end, I encourage you to raise the potential political implications of this request with your counterparts in the United Kingdom and under any circumstances the United States should review whatever materials are shared carefully to ensure that their provision does not undermine the United States’ essential interest in the progress achieved by the people of Northern Ireland.

Sincerely,

Robert Menendez

Cc: The Honorable Eric Holder, Attorney General

Congressman Brady writes Kerry and Holder on Boston College subpoenas

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March 19 2013

The Honorable John Kerry
Secretary of State
United States Department of State
2201 C Street, NW
Washington, DC 20520

The Honorable Eric Holder
Attorney General
United States Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530

Dear Attorney General Holder and Secretary Kerry:

I am writing to convey my concerns about the on-going efforts of the United Kingdom to obtain materials relating to sensitive events that occurred in Northern Ireland over 30 years ago. As you know, the British Government has invoked the United States – United Kingdom Mutual Legal Assistance Treaty (MLAT) to obtain these documents from Boston College. I believe that this action not only violates the sentiment behind the Good Friday Agreement, but also could have drastic consequences for the future of journalistic confidentiality and academic freedom.

I have strong concerns that multiple outlets have indicated that this request has a political nature with the explicit intent of causing unrest and impede the peace process in Northern Ireland. I believe that the release of these confidential documents could have a profound effect on further efforts towards peace in the region, and would do significant damage to the adherence of the Good Friday Agreement.

Moreover, the collection at Boston College, called the Belfast Project, was intended (and has remained for decades) to be anonymous. The investigation and subsequent data complied by the researchers was obtained solely with the promise of anonymity. The release of these documents could have grave effects on the future of academic research and journalistic confidentiality.

The MLAT was designed as a show of good faith between the United States and the United Kingdom. When written, it was made clear that the agreement was never to be used to achieved a political goal pertaining to the North. This inquiry from the UK violates that good faith, and could have devastating effects both in Ireland and in academia across the country.

In the interest of maintaining peace and furthering good relations throughout the United Kingdom, I urge you to work with British Authorities to rescind this request. As always, I appreciate your attention to this matter and please do not hesitate to contact me with any additional question or concerns.

Sincerely,

Robert A. Brady
Member of Congress

Congressman Brian Higgins’ Letter Secretary of State Hillary Clinton and Attorney General Eric Holder

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October 11, 2012

The Honorable Hillary Clinton
Secretary of State
United States Department of State
2201 C Street, NW
Washington, DC 20520

The Honorable Eric Holder
Attorney General
United States Department of Justice
950 Pennsylvania Ave, NW
Washington, DC 20530

Dear Secretary Clinton and Attorney General Holder,

I write regarding the request by the government of the United Kingdom to subpoena the Trustees of Boston College. The information request was authorized by the Department of Justice per a standing legal treaty with the United Kingdom known as the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT). The request was for specific interviews conducted as an academic project on Northern Ireland. It is my understanding that at least 11 members of the House of Representatives and 9 members of the U.S. Senate have indicated their concern for the release of sensitive information in connection with this case, and I would like to add my own note of concern on this issue. As a member of the European Subcommittee of the House Foreign Affairs Committee I find it necessary to voice my strong opposition to these requests.

My objection to this assistance is ground in the targeted request in the subpoena. The United Kingdom has requested information from oral histories of the conflict in Northern Ireland by those that witnessed the decades of unrest. These interviews were given with confidentiality agreements in order to protect the identities and contributions of those that gave their accounts. These oral histories became part of an academic collection created to further the understanding of the conflict and its history.

The efforts by the government of the United Kingdom are taken toward prosecution of individuals involved in the conflict in Northern Ireland. The Good Friday Agreement settled many long standing issues including a renouncement of violence, a commitment to better policing, and the eventual disarmament of paramilitary groups. Continued prosecution of political opponents in Northern Ireland is not in the spirit of the Belfast Agreement and is in direct contravention of the treaty ratified by the U.S. Senate which specifically states, “the treaty is not intended to reopen issues addressed in the Belfast Agreement, or to impede any further efforts to resolve conflicts in Northern Ireland.”

The release of these documents would jeopardize the great strides that have been made towards peace in Northern Ireland. On October 1, 2012, the Supreme Court granted a temporary stay delaying the release of information to the United Kingdom related to the oral histories provided to Boston College. The researchers have requested that the Department of Justice hold off on releasing this information until the Supreme Court has a chance to rule on the case.

In the interest of avoiding further conflict and maintaining a strong relationship between the United States, the United Kingdom, and the Republic of Ireland, I respectfully encourage you to persuade the United Kingdom to withdraw this request because of its sensitive nature and potential to be in violation of the terms of the U.S.-U.K> MLAT, and to take all necessary steps to stop the release of this information to the government of the United Kingdom.

Sincerely,

Brian Higgins
Member of of Congress

Senator Kirsten E. Gillibrand Letter to Secretary of State Clinton

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October 3, 2012

The Honorable Hillary Clinton
Secretary of State
Department of State
2201 C Street NW
Washington, D.C. 20520

Dear Madam Secretary,

I am writing to express my concern about the request of the United Kingdom (UK) to obtain documents and recordings pertaining to the Boston College Oral History Archive on the Troubles in Northern Ireland.

I know that you appreciate as well as anyone the sensitivity of these documents and the potential impact their release could have on a peace that had been forged with the help of President Clinton. New York’s Irish-American community is worried about these risks, as well as the precedent a release of the materials would set for academic integrity of a research project is politicized by certain interests.

I appreciate that the US-UK Mutual Legal Assistance Treaty requires the Department of State to take certain positions, and that the UK is one of our closest allies with which we collaborate on a variety of national security matters. I hope that you will find a way to impress upon the UK government the need to find a solution that protects these materials and does not harm a peace that remains at times fragile.

Please let me know if there is any way I can be helpful to you going forward in resolving this case so that our national security and first amendment values are protected.

Sincerely,

Kirsten E. Gillibrand
United States Senator

Rep. Pallone: U.K. Government Subpoenas Seeking Documents from Boston College’s Belfast Project Threatens Peace in Northern Ireland

Rep. Pallone: U.K. Government Subpoenas Seeking Documents from Boston College’s Belfast Project Threatens Peace in Northern Ireland

LONG BRANCH, NJ – Congressman Frank Pallone, Jr. (NJ-06) today sent the following letter to Secretary of State Hillary Clinton and Attorney General Eric Holder asking that they work with the government of the United Kingdom to withdraw subpoenas it served on Boston College seeking materials related to confidential oral histories taken as part of the Boston College Belfast Project. The Belfast Project was established to help bolster a better understanding of the decades-long struggle in Northern Ireland.

Congressman Pallone states that the subpoenas put at risk continued peace in Northern Ireland by undermining the peace process established by the Good Friday Agreement and hinder academic efforts to understand and resolve armed conflict.

August 13, 2012

Dear Secretary Clinton and Attorney General Holder:

I write to request your assistance in actions that I believe will help promote the peace and reconciliation efforts that have been successful in Northern Ireland. The Police Service of Northern Ireland (PSNI) through the government of the United Kingdom has served subpoenas on Boston College seeking materials related to oral histories that were taken confidentially as part of the Belfast Project. I believe that your efforts to seek withdrawal of these subpoenas by the government of the United Kingdom are important to ensuring continued peace in Northern Ireland.

The subpoenas were issued under the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT). The treaty was entered into with the intention of facilitating a reasonable extradition process for serious crimes not covered by the Good Friday Agreement. Further, the treaty was not intended to, nor should be allowed to undermine the peace process established by the Good Friday Agreement. I believe that the enforcement of theses subpoenas would come in contravention of the intent of the MLAT and put at jeopardy the successful peace process that is currently in place in Northern Ireland.

Since 1998, when the Good Friday Agreement was established, reconciliation in Northern Ireland has seen monumental progress that generations never thought possible. The United States played a critical role in support of this agreement and there continues to be strong support for the process that was established. Unfortunately, the subpoenas being sought by the PSNI do nothing to further the peace process, but rather seek to reopen old wounds and put at risk the peace that the people of Northern Ireland, the United Kingdom and the United States have worked to accomplish. I believe it is our responsibility to make the best efforts possible to ensure that this does not happen.

I am also troubled by the chilling effect that enforcement of these subpoenas may have on academic efforts at U.S. universities to understand armed conflict and seek candid and reliable information related to these conflicts. The goal of the Boston College Belfast Project was to document frank and honest interviews with individuals of all parties involved, including the Irish Republican and Loyalist paramilitary forces and political organizations. The efforts undertaken at Boston College to collect these oral histories and protect their confidentiality should be respected and protected so that we may better understand how to resolve conflict and facilitate reconciliation among the parties.

I know that you share my desire to see peace continue to advance in North Ireland and wish to better understand armed conflict so that we may be prepared to stop and prevent it in the future. We cannot allow wounds of a decades-long bloody struggle that included the deaths of Irish and English alike be reopened, thus jeopardizing the commitments to permanent peace that were made by all parties. Therefore, I ask that you ensure that the MLAT is not used to put at risk the stability of the Good Friday Agreement and that you work with the U.K. government to have the subpoenas withdrawn.

Thank you for your consideration of my request. I look forward to your response.

Sincerely,

FRANK PALLONE, JR.

Member of Congress

Congressman Richard E. Neal Letter to Secretary of State Clinton

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June 1, 2012

The Honorable Hillary Clinton
Secretary of State
United States Department of State
Washington, D.C. 20521

Dear Madame Secretary,

As the Ranking Member of the Friends of Ireland Caucus in the U. S. House of Representatives, and someone who has worked for three decades to help bring peace and reconciliation to the island of Ireland, I am writing to express my concern over the British governments efforts to obtain confidential documents and recordings from Boston College’s Oral History Archive on the Troubles in Northern Ireland. It is my sincere belief that if this material is made public, particularly at this time, it has the potential of destabilizing the peace that both you and President Clinton worked so hard to achieve. It could also place the lives of many of the participants at risk.

The Good Friday Agreement, and the implementation of a devolved power sharing government, are some of the most significant American foreign policy accomplishments in recent memory. In fact, Northern Ireland is now viewed as a model for successful conflict resolution around the globe. From the Middle East to Sri Lanka, other societies in dispute now look to the political leaders on that island to learn the lessons of peace making and ending armed confrontation. Ancient adversaries now work side-by-side building a shared future. After a long and difficult peace process, in which the United States contribution was indispensible, Northern Ireland is truly a society in transformation.

While I fully understand the United States has an obligation to honor the terms of our Mutual Legal Assistance Treaty with the British government, it is the belief of many people on both sides of the Atlantic who took risks for peace that the requests for the documents is selective and politically motivated. More importantly, and as noted by the highly respected Brehon Law Society; “statements on tapes that were not sworn and were intended not to be disclosed until after the deaths of the people making the recordings have no legal value. It must be recognized that this is information and not evidence. It is not sworn testimony which could be used in a court of law.”

When President Obama made his historic visit to Ireland last year, he said “how inspired we have been by the progress that has been made in Northern Ireland.” I am certain that millions of Irish Americans would agree with that sentiment. But the release of the Boston College documents would help undermine that very progress and unfasten a fragile peace. As a result, I strongly urge you to encourage the British government to reassess their position and withdraw their request. I thank you for your leadership and all you have done to bring peace and stability to the island of Ireland.

Sincerely,

Richard E. Neal
Member of Congress

Senator Benjamin L. Cardin Letter to Secretary of State Clinton

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May 23, 2012

The Honorable Hillary Clinton
Secretary of State
Department of State
Washington, D.C. 20510

Dear Madam Secretary:

I am writing to express my concern about the ongoing efforts on behalf of the United Kingdom to obtain the extremely sensitive documents and recordings pertaining to the Boston College Oral History Archive on the Troubles in Northern Ireland. As the Co-Chairman on the Helsinki Commission and a member of the Senate Foreign Relations Committee, I am deeply concerned about the potential impact the release of this information will have have on the fragile peace that exists in Northern Ireland.

I understand the case continues to be in litigation, and noted with interest that the American Civil Liberties Union (ACLU) filed an amicus brief in support of the Irish-American community that has steadfastly opposed the U.K. government’s actions. As you know, Maryland has a large, historic Irish-American community and I have on multiple occasions met with them to discuss this particular case.

I know that several of my colleagues have also registered their concern about this case with you. I appreciate the fact that raising such a sensitive topic with an ally like the United Kingdom is difficult given our shared commitment to the principles of our Mutual Legal Assistance Treaty. However, I wanted to take this opportunity to encourage you to work with the U.K. authorities to rescind their request.

Thank you in advance for all your efforts to resolve this situation, and all that you do to promote lasting peace in Northern Ireland.

Sincerely,

Benjamin L. Cardin
United States Senator

Congressman Albio Sires Letter to Secretary of State Clinton and Attorney General Holder

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April 12, 2012

The Honorable Hilary Clinton
Secretary of State
U.S. Department of State
2201 C Street NW
Washington, D.C. 20520

Dear Secretary Clinton:

I write to express my concerns regarding the United Kingdom’s efforts to obtain documents and recordings from Boston College’s Oral History Archive on the Troubles in Northern Ireland. I believe that such an action could seriously endanger the peace process in Northern Ireland and jeopardize academic freedom in the United States and abroad.

While I fully respect the U.S.’s commitment to the U.S.-U.K Mutual Legal Assistance Treaty, under which the U.K. has made this request, I urge you to consider the broad public policy implications of releasing these documents and recordings. In particular, releasing testimonies with sensitive information breaches the confidentiality guarantees that were provided to participants who were told that any information they provided towards the project would not be released until their death. Additionally, this effort could put the future of sensitive research projects at home and abroad at risk by sending a signal to participants that their confidentiality may not be protected.

Furthermore, releasing sensitive materials involved in this project could upset the fragile peace process and reconciliation efforts in Northern Ireland achieved by the Good Friday Accords. After decades of violence, the Accords, established in 1998, have improved security in the region and allowed the people of Belfast to rebuild their lives. However, challenges still remain, and the release of these documents and recordings may disrupt the tremendous progress made in the region.

Thank you for your time and attention to this matter, and I look forward to your response.

Sincerely,

Albio Sires
Member of Congress

Cc: The Honorable Eric Holder, United States Attorney General

Senator Robert P. Casey Letter to Secretary of State Clinton

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February 28, 2012

The Honorable Hillary R. Clinton
Secretary
Department of State
2201 1 C Street NW
Washington, D.C. 20520

Dear Madam Secretary:

I am writing to express my concern about the British goverment’s efforts to obtain documents and recordings related to the Troubles in Northern Ireland from Boston College’s Oral History Archive. I recognize the United States’ obligation to assist with British criminal investigations under the Mutual Legal Assistance Treaty. However, I am concerned about the potential negative impact of releasing these materials on the future of academic research and the ongoing peace process in Northern Ireland.

The interviews collected by Boston College oral historians provide a valuable – and in some cases unique – record of individuals’ experiences during the Troubles. Releasing the materials would violate the confidentiality promised to the interviewees, and could endanger those involved in the project. It would also jeopardize the future work of oral historians who encourage people to speak candidly about their experiences. I believe that the release of these materials will discourage participation in future oral history projects that address controversial events, depriving researchers of an important historical resource.

Releasing the subpoenaed materials may also have negative implications for the ongoing peace process in Northern Ireland. The United States played a pivotal role in negotiating the historic Good Friday Agreement in 1998, and we must continue to support peace and prosperity in Northern Ireland. I am concerned that releasing these oral histories will inflame tensions and undermine trust among parties to the Good Friday Agreement.

Thank you for your leadership on this important issue. I hope that you will continue to encourage all parties to the Good Friday Agreement to continue to work toward enduring peace and stability in Northern Ireland.

Sincerely,

Robert P. Casey, Jr
United States Senator