Irish American Coalition letter to Senate Foreign Relations Committee Chairman Menendez: Congressional Hearings Needed Now

ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE

March 21, 2013

Honorable Robert Menendez
Member, U. S. Senator for New Jersey
Washington, D. C. 20510

Dear Senator Menendez:

We have sent a number of letters to you in the past 9 months regarding our concerns for Britain’s misuse of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT) for a political fishing expedition in the Irish archives of Boston College. We have also raised the issue of the British government undermining the ‘justice’ provisions of the Good Friday Agreement. Your letter to Secretary of State Clinton last year was most welcome in regard to these matters but there still has been no resolution or exposure of these issues. We seek your assistance in two ways. First, as we indicated in our previous letter, we trust you will send to Secretary of State John Kerry a letter similar to the one you sent to Secretary Clinton. We are not taking for granted his support in the past on this issue. While the merits of the issue are as strong as ever, he now has a President to report to who may have differing priorities.

Secondly, we have noted in previous correspondence and commentary both mailed and faxed to your offices, there are four ‘justice’ issues relating to the Agreement on which a congressional hearing might shed some light. They are:

• England’s failure to provide complete records to the Irish government on the British Army role in the Dublin-Monaghan bombings;
• Britain’s refusal to provide a public hearing on the murder of attorney Patrick Finucane;
• the British corruption of the HET process which was to review the killing of over 800 Catholics; and
• the continued internment of Marian Price, Martin Corey and others, the abuse of their human rights and the corruption of law to keep them imprisoned.

Not content with shredding the above peace pact provisions, England has now enlisted the U. S. government to undermine the accord; a unique success story for American foreign policy. The mischievous Boston College subpoenas initiative is prompted by the same security forces that killed Patrick Finucane and Rosemary Nelson. As a result, the tireless efforts of two Presidents’ to insure that U. S. resolve and resources fortified that commitment are being mocked.

We believe these topics should be the focus of a hearing by the Foreign Relations Committee and would welcome the opportunity to amplify the justification for doing so. We would hope that such a hearing would invite testimony from the United Kingdom and the Irish Republic as well as invite organizations like ours to attend and/or give testimony. A suitable time frame to allow for travel would also be appropriate.

We would like to sit down to further discuss not only the merits of such an investigation but the logistics of insuring that all voices are heard and that the resulting testimony and documentation is provided in full in the Congressional Record.

Thank you for your past efforts to expose some of the injustices of the conflict in Ireland. We look forward to working with you to conduct the most inclusive and productive inquiry into the 1998 Belfast Agreement and its American support.

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference

Lawyers Appeal to Attorney General Holder on Boston College subpoena case

LAWYERS MAKE ST. PATRICK’S DAY APPEAL TO ATTORNEY GENERAL HOLDER; FINUCANE STIRS CONSCIENCE OF NATION
ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE
March 18th
NYC, Wash, D. C., Denver & Boston

Lawyers long experienced with the Irish conflict made a dramatic St Patrick’s Day appeal to U. S. Attorney General Holder to re-examine Britain’s use of a U.S.-U.K. Mutual Legal Assistance Treaty (MLAT) in light of the its failure to conduct a public inquiry into the murder of civil and human rights attorney Patrick Finucane. The public hearing was a legal obligation stipulated in the 1998 Irish peace pact (the Good Friday Agreement), a Treaty registered with the United Nations.

Mr. Brendan Moore, National President of the Ancient Order of Hibernians explained: “The Attorney General is the chief law enforcement officer of a nation founded on the principle of the rule of law. It cannot be business as usual with the United Kingdom whose public record of lying and lawlessness has left generations of Catholics living in N.I. without truth or justice.”

“American support for the Irish peace process,” stated Thomas J. Burke Jr. Esq., National President of the Irish American Unity Conference, “has been mocked by Britain’s ignoring the justice provisions of the pact which also included obligations on the Dublin-Monaghan bombings by members of the British Army and a re-examination of the murders of 800 Catholics for police and security forces collusion. What kind of message do we send to other nations when we give a pass to England on its Treaty obligations?

Stated Sean Downes, President of the Brehon Law Society: “Attorney General Holder must act as the conscience of the country and weigh the failures of Britain in the Finucane inquiry with their demands in other areas e.g. processing their subpoenas to conduct a political fishing expedition into the Irish archives of Boston College.”

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ANCIENT ORDER OF HIBERNIANS
BREHON LAW SOCIETY
IRISH AMERICAN UNITY CONFERENCE

March 17, 2013

Honorable Eric H. Holder Jr.
Attorney General
U. S. Department of Justice
950 Pennsylvania Ave NW, Rm. 5115
Washington, D. C. 20530

Dear Attorney General Holder:

This letter is to call your attention to a matter of deep concern to us as lawyers, which we believe should be considered as the Justice Department processes subpoenas issued to Boston College for records contained in its Irish archives. The subpoenas have been requested by Britain under the terms of the US-UK Mutual Legal Assistance Treaty (“MLAT”). The issue of the validity of the subpoenas is currently in litigation and the subject of a Petition for a Writ of Certiorari to the United States Court of Appeals for the First Circuit, Sup. Ct. No. No. 12-627.

In particular, in considering its position with respect to the subpoenas, we believe that the Justice Department must take into account that the requesting nation has steadfastly refused to conduct a public inquiry into the murder of civil rights lawyer Patrick Finucane, contrary to the terms of the 1998 Good Friday Agreement between Ireland and the U.K. As you are undoubtedly aware, Mr. Finucane was assassinated in 1989, in front of his family during Sunday dinner, in an attempt to intimidate those who may seek justice from the government of the U.K. Many of us worked with Patrick, and many others were familiar with his exemplary work defending clients in his position as an officer of Her Majesty’s court in Northern Ireland. British Prime Minister David Cameron has admitted that the police, military and intelligence services all conspired to murder Mr. Finucane. Yet, in October 2011, Mr. Cameron inexplicably informed Mr. Finucane’s widow and family that the U.K. government would not conduct a public inquiry into his murder. We believe this refusal was and remains in violation of the Good Friday Agreement and the terms of the Weston Park Agreement.

As you perform your statutory duties and fulfill your obligations under the MLAT, we urge that you weigh carefully the questionable conduct of Great Britain unilaterally deciding to not meet its obligations under the Good Friday Agreement. This raises a serious concern as to whether this was done to insure that those responsible would not be held accountable for Mr. Finucane’s murder.

We appeal to you not only as our country’s chief law enforcement officer but also as a lawyer who shares with us a deep commitment to civil rights, justice, and due process of law. We ask that you ensure that the U.S. judicial process not be used to actively aid a nation which will not hold accountable the murderers of an officer of the court . We hope that you will follow the views of Secretary of State John Kerry on the importance of avoiding the U.K.’s abuse of the MLAT in the Boston College subpoena case.

Respectfully yours,

Thomas J. Burke Jr. Esq. CO
National President
IAUC

Francis Boyle Esq., Professor ILL
School of Law
University of Illinois

James J. Cotter III Esq. MA

James P. Cullen Esq. NY
Brigadier General JAG (Retired)

John Dearie Esq. NY
Former Member
NYS Assembly

Sean J. Downes Esq. President
Brehon Law Society

Albert Doyle Esq. FL
Former Counsel
Texaco

Robert Dunne Esq. NY
Past President
Brehon Law Society

John Philip Foley Esq. MA

Thomas Fox Esq. NY

Martin Galvin Esq. NY
AOH Div. #5 President Bx

Martin Glennon Esq. NY

Peter Kissel Esq. MD
Chair, Human Rights, IAUC

Thomas A. Lambert Esq. NY
President, AOH Div. #1, Erie CO

Richard Lawler Esq. CT
Vice-Chair
Irish Northern Aid Committee

Edmund E. Lynch Esq. MD
Chairman
Lawyers Alliance for Justice

Stephen McCabe NY
Member, Brehon Law Society

Edward G. McCormick Esq. MA

William McNally Esq. MA

L. James Miller Esq. MA

Sean P. Moynihan Esq. MA

Jessica O’Kane Esq., MD
Member, Brehon Law Society

Judge Andrew L. Somers Esq. Retired WI
Past National President, IAUC

Patrick Sturdy Esq. MI
National Counsel, AOH

Sinn Fein leader in SouthCoast with vow of non-violence

Sinn Fein leader in SouthCoast with vow of non-violence
Steve Urbon column
South Coast Today
March 16, 2013

Ireland’s Sinn Fein leading member Pat Doherty speaks to Normandin Middle School eighth-graders about the struggle for Northern Irland’s independence.

It’s St. Patrick’s Day weekend, with the usual green beer, drinking songs, clovers and corned beef and cabbage. This year, however, we’ve had an added wrinkle: a guest talk by a ranking member of Sinn Fein, the political wing of the Provisional Irish Republican Army.

Pat Doherty, a former Sinn Fein vice president and a current member of the British Parliament, stopped by the Normandin Middle School in New Bedford on Friday, invited by history teacher and Irish native Chris Donnelly.

Before him sat about 70 students, many of them equipped with note cards with questions for the man.

Doherty, who is in his late 60s with not a gray hair on his head, gave a soft-spoken presentation about the epic, tortured history of Ireland’s relationship with Great Britain.

“It’s hard to explain 800 years of history in 30 seconds,” he joked. Then he did his best, and the students did their best to follow him.

Suffice it to say that after decades of bloody struggle between Catholics and Protestants, between Ireland and England, the parties have settled down under a complex arrangement of government and relationships called the Good Friday Accords.

That’s because they were signed on Good Friday in 1998, after negotiations led by former U.S. Sen. George Mitchell, sent there by President Bill Clinton.

Doherty, though, made it clear that although the parties, including the IRA, have renounced violence, Sinn Fein will continue to push for reunification of Ireland and the peaceful expulsion of the British from Northern Ireland.

He had been asked what one thing he would like to change and he said it was that. “I’d have a united Ireland tomorrow morning,” he said. “It’s what the people want.”

Again and again Doherty spoke of the importance of a peaceful transition. I have to wonder whether the students in that library assembly had any inkling of how ugly it was in Ireland for so many years.

In any case, at one point Doherty, in an answer to a question from yours truly, said “The huge advantage is now we have a democracy and it is peaceful. There is no argument, no need, no demand for there to be armed conflict anymore.”

My question, however, was about a problem with the past possibly re-emerging in the future, a problem of reopening old wounds and settling old scores.

The Police Service of Northern Ireland, which replaced the Royal Ulster Constabulary, wants Boston College to release the interviews of some of the people interviewed for its oral history project on “The Troubles.”

IRA members and others involved or affected by the violence were interviewed under the promise that their testimony would be kept a total secret until they die.

Doherty said softly: “I think the people who took part in this historical project, I actually think they were foolish to believe a promise they couldn’t keep.”

The U.S. has taken Ireland’s side in the dispute, which is still in the courts. Anything could happen. “God knows where it will take us,” he said. That’s when he again renounced violence.

“We still have a way to go,” he said.

A final note: Pat Doherty will speak this evening at the annual Friendly Sons of St. Patrick dinner dance at White’s of Westport. Contact organizer Chris Donnelly at 508-320-8388 for ticket information.

Ireland’s peace not yet complete

Ireland’s peace not yet complete
By Sean V. Hughes, Ancient Order of Hibernians
The Hill’s Congress Blog
The Hill
03/13/13

For more than a decade we observed a number of Irish Leaders from all political parties at the annual gathering at the White House to celebrate St. Patrick’s Day. This year President Obama will continue to do what President Bush and President Clinton did by taking a picture with a bowl of shamrocks and telling the world that this is an example of what peace looks like. However, they omit that the peace progress from the 1998 Good Friday Agreement has somewhat stalled.

The Good Friday Agreement has yet to be fully implemented on both sides. For example the Good Friday Agreement specifically says “all parties will recognize the legitimacy of whatever choice is freely exercised by a majority of the people of Northern Ireland with regard to its status, whether they prefer to continue to support the Union with Great Britain or a sovereign united Ireland”. However, when the majority of the Belfast City Council voted 29-21 on December 3, 2012 in favor to lower the Union Jack, with the exception of 17 holidays to be in compliance with all other British controlled buildings the unionists rioted and continued to do so for months. The multiple riots injured a number of police officers, staffers and caused hundreds of dollars of property damage during their protests. Members of the city council who took that courageous vote were barricaded in their office for hours for safety at the completion of the session. Additionally, very few if any arrests occurred.

Boston College was chosen as an archive for the “troubles” and now holds oral history stories from the Provisional Irish Republican Army and the Ulster Volunteer Force of how each side handled numerous situations. All of these interviews were obtained with a promise to those who were being interviewed that what was said would not be turned over until after their deaths.

However, when the British government became aware of these interviews and asked the U.S. Attorney General Holder to subpoena Boston College to obtain some of the interviews, the Justice Department obliged. The subpoena requested information concerning only two former PIRA members, no UVF members. Many people believe this is a first step by the British government to open an investigation into the men and women who have disappeared during the “troubles.”

This issue has gone through the Federal Courts and is now waiting to be argued at the United States Supreme Court this spring.

Thankfully, a number of members including: Sens. Schumer (D-N.Y.), Menendez (D-N.J.), Lautenberg (D-N.J.), Cardin (D-Md.), Casey (D-Pa.), Reps. Pascrell (D-N.J.), Pallone (D-N.J.) Crowley (D-N.Y.), Neal (D-Mass.), Doyle (R-Pa.), Sires (D-N.J.), Murphy (R-Pa.), and former Sens. Brown (R-Mass.), Kerry (D-Mass.), Former Reps. Critz (D-Pa.) and Rothman (D-N.J.) all sent letters to then Secretary Clinton asking her to review the request by the British government and consider the strong impact this will have on the already shaky peace process in Northern Ireland.

There is a grass-roots effort by Irish-Americans who have successfully convinced several legislative bodies, including the city councils of San Francisco, Cleveland, Philadelphia and Syracuse, N.Y., to pass a resolution encouraging the English and Irish governments to take immediate action to fulfill the agreement. This effort also requests the Irish government to do an economic analysis of a united Ireland, outline steps to restore the Irish nation and publicly report its findings and plans.

These resolutions respectfully suggest the Irish government move, without delay, to further the peaceful healing of the Irish nation by granting “speaking rights” to duly elected Northern members in the Irish Parliament and expanding the voting rights for the Irish president to the citizens of the six counties of Northern Ireland.

It has been almost 15 years that the Good Friday Agreement was negotiated by former Senator George Mitchell and agreed upon by all parties. A lot has been accomplished working toward peace; however, there still is a lot of work to be done to accomplish peace by both the Irish and British Governments. Hopefully, when future presidents partake in the ceremonial bowl of shamrock photo on St. Patrick’s Day the president can say “This is a true picture of equal rights, leadership, justice and hard work that led to peaceful resolution that the world will follow and use as their example.”

Hughes is an officer for the Ancient Order of Hibernians, which is the largest Irish Catholic Fraternity in the United States.

 

Leaders renew assault against BC subpoenas

Leaders renew assault against BC subpoenas
IN NEWS & VIEWS
By Irish Echo Staff
Irish Echo
FEBRUARY 13, 2013

The leaders of three main Irish American organizations have renewed their offensive against the U.S. Justice Department subpoenas aimed at the Boston College Troubles archive.

The two year battle has involved a challenge by the Belfast Project researchers Ed Moloney and Anthony McIntyre against what they and the organizations say is the misuse of the U.S-UK Mutual Legal Assistance Treaty.

The Ancient Order of Hibernians, Irish American Unity Conference and Brehon Law Society further point to twenty members of Congress “who not only share their concern, but question Britain’s commitment to the Irish peace process.”

Said the groups in a statement: The confirmation of Senator John Kerry as Secretary of State and the elevation of Senator Robert Menendez to chairman of the Senate Foreign Relations Committee, two who have opposed the subpoenas, has given new strength to the cause.

“These leaders, Kerry & Menendez,” stated National President of the AOH, Brendan Moore, “have shown a willingness to listen to our arguments and to test our sincerity

and credibility. When presented with documentation regarding threats to the Irish peace process and to the corruption of American laws, they have recognized our good faith.”

The Brehon Law Society’s Robert Dunne said: “The Cameron government efforts to violate American treaties, policies and rights will not end with the death of Dolours Price or the Moloney and McIntyre litigation decision, but with a Senate hearing on the MLAT and the British corruption of its purpose. To that end we have written to Senator Menendez and to Senate Majority Leader Harry Reid for the opportunity to be heard.”

Attorney Thomas J. Burke Jr., National President of the Unity Conference added: “We invite Americans to join us in expressing to Attorney General (Eric) Holder and to

Secretary of State Kerry strong opposition, not only for this political misuse of the MLAT, but to British efforts to undermine U.S. policy in support of the Irish peace pact.”

The subpoenas have been issued by the Justice Department in response to requests originally filed by the Police Service of Northern Ireland.

Irish American Coalition Appeal to Kerry & Menendez: British Subpoenas Threaten US

AOH, IAUC & BREHON APPEAL TO KERRY & MENENDEZ IN NEW ROLES; BRITISH SUBPOENAS THREATEN U. S. POLICIES, RIGHTS & TREATY
ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE
February 10, 2013
NY, NY, & Wash. D.C.

The leaders of the most active Irish-American groups in the U.S. renewed their attack on Britain’s subpoena of records from the Irish archives of Boston College.

The two year battle has involved a challenge by the Belfast Project researchers Ed Moloney & Anthony McIntyre to the misuse of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT), and 20 Members of Congress who not only share their concern but question Britain’s commitment to the Irish peace process.

The confirmation of Senator John Kerry as Secretary of State and the elevation of Senator Robert Menendez to Chairman of the Senate Foreign Relations Committee, two who have opposed the subpoenas, has given new strength to their cause.

“These leaders (Kerry & Menendez),” stated National President of the AOH Brendan Moore, “have shown a willingness to listen to our arguments and to test our sincerity and credibility. When presented with documentation regarding threats to the Irish peace process and to the corruption of American laws, they have recognized our good faith.”

The President of the largest Brehon Law Society in the nation, Robert Dunne indicated: “The Cameron government efforts to violate American treaties, policies and rights will not end with the death of Dolours Price or the Moloney & McIntyre litigation decision but with a Senate hearing on the MLAT and the British corruption of its purpose. To that end we have written to Senator Menendez and to Senate Majority Leader Harry Reid for the opportunity to be heard.”

Attorney Thomas J. Burke Jr., National President of the Unity Conference concluded: “We invite Americans to join us in expressing to Attorney General Holder and to Secretary of State Kerry strong opposition not only for this political misuse of the MLAT but to British efforts to undermine U.S. policy in support of the Irish peace pact.”

Attachments: Menendez, Kerry letters (see below)
Letter to Senator Reid

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ANCIENT ORDER OF HIBERNIANS
BREHON LAW SOCIETY
IRISH AMERICAN UNITY CONFERENCE

February 10, 2013

Honorable Robert Menendez, Chairman
Senate Foreign Relations Committee
United States Senate
444 DSOB
Washington, D. C. 20510

Dear Chairman Menendez:

Congratulations on becoming Chairman of the Senate Foreign Relations Committee. It is a well earned recognition of your dedicated service to our nation and to the advancement of American interests and values to other nations. We wish you all the best.

As you know from our previous correspondence, we had been in communication with Secretary of State Clinton on several occasions regarding Great Britain’s misuse of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT) to obtain records from the Irish archives of Boston College. No doubt your letter last year to Secretary Clinton expressing similar concerns prompted her to arrange for two subsequent meetings. We met with her staff and were grateful for the discussions. However, the meetings were inconclusive, disconcerting in terms of the lack of staff knowledge about the 1998 Belfast Agreements and unresponsive to our specific request.

The MLAT provides a unique consultative role for the Secretary of State and the Attorney General to determine if the subpoenas of a foreign nation should be honored and, if so, would that compromise American policies and values. We have clearly defined several valid reasons which, we believe, would justify objections by the Attorney General and the Secretary of State to the subpoenas. As previously stipulated they range from the technical flaws and political nature of the request, the threat to American individual and academic liberties, and to the wisdom of granting such a request with a British government committed to undermining the Irish peace process.

Our coalition is made up of groups that have been very supportive of the Good Friday Agreement. It is because of that support and our concern for the peace process that we have asked for the opposition of both the Attorney General and the Secretary of State. The subpoenas are motivated by malice, unwisely honored by the British government and processed by the Attorney General without a thoughtful review of its technical compliance with the purpose of the MLAT.

The related ongoing litigation over these subpoenas involving the Boston College and Belfast Project creators Ed Moloney and Anthony McIntyre, raises other serious legal and policy issues. These involve the constitutional rights of journalists and those engaged in academic research, the rubber-stamp processing of a request which, on its face, is a striking misuse of the MLAT and the operation of the Treaty in general.

Our opposition to the reach of these subpoenas and to their purpose remains steadfast. We hope you will reiterate your concerns to Attorney General Holder and to Secretary Kerry. We also believe that the time has come for the U. S. Senate to review the use of these MLAT’s. In September of last year we made such a request of Chairman Kerry. It is clear from this Boston College case that the original intent of the MLAT’s i. e. to expedite prosecution of major money laundering, drug trafficking and terrorist crimes has been violated. In doing so the British government has jeopardized American lives and policies and threatened our constitutional liberties. We stand ready to defend our concerns, to testify against the indefensible actions of the British government and to the threat those actions have posed to the working of our laws in general and to this Treaty in particular.

Thank you for your consideration of this request. We look forward to hearing from you soon.

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference

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February 10, 2013

Mr. John Kerry
Secretary of State
Department of State
2201 C St. NW, 7th Fl.
Washington, D. C. 20520

Dear Secretary Kerry:

Welcome to Foggy Bottom! We can only repeat what many have already said about your singular preparedness for this position and for the challenge of representing America and its unique values to the nations of the world. We wish you all the best.

As you know, we had been in communication with Secretary of State Clinton on several occasions regarding Great Britain’s misuse of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT) to obtain records from the Irish archives of Boston College. No doubt your letter to Secretary Clinton expressing similar concerns in January of last year prompted her to arrange for two subsequent meetings with her staff and representatives of our organizations. We were grateful for the discussions but found them inconclusive and, in some instances, disconcerting in terms of the lack of staff knowledge about the 1998 Belfast Agreements.

The MLAT provides a unique consultative role for the Secretary of State and the Attorney General to determine if the subpoenas of a foreign nation should be honored and enforced and, if so, would that compromise American policies and values. We have clearly defined several valid reasons which would, we believe, justify either the Attorney General or the Secretary of State objecting to these subpoenas.

Our coalition is made up of groups that have been very supportive of the Good Friday Agreement. It is because of that support and our concern for the peace process that we have asked for the opposition of the Secretary of State to these subpoenas. They are motivated by malice and unwisely honored and processed by a British government that seeks to undermine several key justice provisions of the Irish peace accord.

As you noted in your letter to Secretary Clinton, the related ongoing litigation involving the Belfast Project creators Ed Moloney and Anthony McIntyre, raises other serious legal and policy issues. These involve the constitutional rights of journalists and those engaged in academic research, the rubber-stamp processing of a request which, on its face, is a striking misuse of the MLAT, and the operation of the Treaty in general.

Our opposition to the reach of these subpoenas and to their purpose remains steadfast. We hope you will share with Attorney General Holder the concerns for these subpoenas and the necessity for their withdrawal. We stand ready to meet again with State and Justice staff to document and defend these concerns that to enforce these subpoenas would be against America’s interests and compromising of the laws and rights of Americans.

Thank you for your consideration of this request. We look forward to hearing from you.

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference

Irish American Coalition Asks for Senate Hearing – Letter to Reid

ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE

February 10, 2013

Honorable Harry Reid, Majority Leader
United States Senate
522 HSOB
Washington, D. C. 20510

Dear Senator Reid:

Over the past two years, our organizations and seven Members of the Senate have raised vigorous objections to Attorney General Holder’s enforcement of British subpoenas for records in the Irish archives of Boston College. The British request is motivated by malice and politics and, if honored, would undermine U.S. support for the Irish peace process governed by the Belfast, Hillsborough, and Weston Park agreements.

The Cameron government is trying to do this by abusing the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT) intended for criminal prosecution of money laundering, drug trafficking, and terrorist conspiracies. There is no merit to the British request. Furthermore, it exposes its latest attempt to undermine the Irish peace pact which three U.S. Presidents have supported morally and financially.

We have outlined these and other concerns to Senator Menendez with a request for a Senate hearing on MLAT’s in general and particularly England’s attempt to corrupt its intent. In addition to our concerns for the Irish peace process there are academicians, journalists, human and civil rights activists, and constitutional liberties lawyers who are prepared to outline not only the specific threats of MLAT use but also detail actions which would prevent efforts like Britain’s in the future.

We ask for your support for this hearing request. In addition, we would welcome a letter from you to Attorney General Holder opposing his enforcement of the subpoenas as a non-compliant use of the MLAT. We will gladly share similar letters from Senator’s Lautenberg, Cardin, Schumer, Gillibrand, Kerry, and Menendez, who have already expressed their concerns to then Secretary Clinton.

Thank you for your consideration of this request. We look forward to hearing from you soon.

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference

US Foreign Policy: How Secretary Kerry Can Make A Mission Out of A Mess

U. S. FOREIGN POLICY: HOW SECRETARY KERRY CAN MAKE A MISSION OUT OF A MESS
Michael J. Cummings
National Board
IRISH AMERICAN UNITY CONFERENCE
BOX 55573
WASHINGTON, D. C. 20040
1-888-295-5077

Where to begin for our new Secretary of State?  There is no short list, only a long one,  of  foreign policy  issues in need of some serious review, reversal, or, as many have suggested, a  pivot.  The challenge, as Secretary Clinton made clear in her farewell address, is to “…make sure America is secure, that our interests are promoted and our values are respected.”

In our view this puts Ireland on the short list.

Why?

• The U. S. did cajole the British to sign a peace treaty with Ireland in 1998 but the U.K.  has worked to undermine it.
• America has rebuked other nations for human rights abuses while those of the British in Ireland [go unremarked].
• America’s laws, security and foreign policy positions have been flouted by corrupt British interests.
  • British banks like Standard & Chartered defy U.S. sanctions against Iran.
  • UK judges have refused U.S. extradition requests; most recently to return a fugitive pedeophile.
  • Barclays, the Royal Bank of Scotland and HSBC accepted a Deferred Prosecution Agreement and were fined a fraction of their profits from their laundering of Mexican drug cartel money.

Moreover, Britain has abused our Mutual Legal Assistance Treaty (MLAT) by using Attorney General Holder to conduct a fishing expedition into the Irish archives of Boston College.

As Chairman of Senate Foreign Relations, Senator Kerry was the first to raise the alarm over the subpoenas served on his alma mater.

Are these the unsubstantiated assertions of those who have opposed Britain and the 1998 Accord?

On the contrary.

Our support of the pact has been known from the day it was signed but unfortunately there are forces at work in Britain including the ‘deep State security and  intelligence services’ and the fascist British Nationalist Party that  would welcome its demise as well as an end to the Scottish independence movement.

We also recognize the value of British partnership and cooperation but in recent years this has meant Ireland has become a stepchild of British politics.

Therein lies the challenge for Secretary Kerry: How to confront and respond to Britain’s mockery of the Belfast Agreement and U.S. laws and policies while retaining British support in other areas of interest.

In recent years a failure to do strike a balance has signaled to those who do NOT support democracy, human rights and the rule of law that America is not serious about them, or is willing to look the other way especially when England is the offender.

Consider:

• The U.K. unilaterally dismissed the Irish Treaty obligation  for a public inquiry into the murder of attorney Pat Finucane and produced  a sham review of government documents to conclude there was no conspiracy to murder.  Surprise.  Surprise.There was plenty of “shocking ” collusion with loyalist terrorists to make sure it happened but no accountability.  Not a whisper of admonition from the White House or Foggy Bottom.  Meanwhile China and Russia are publicly chastised for use of violence against lawyers and they understandably have taken exception.  The Irish government rarely recognizes when it is insulted.  Not so China and Russia who must be weary of America’s blindness to British treachery.

• Also under the terms of the Belfast Agreement, investigations were to be conducted into nearly 1000 killings, mostly [of] Catholics.The British, however:  

                    stripped the Police Ombudsman of a role;

                    claimed insufficient funds for the work;  

                    and then has the chutzpah to hire retired officers to investigate many killings which are suspected of police collusion.

Really?  When this happens in South America, Africa, or Asia, official protests are lodged.  Not a word of concern from the Department of State [in this case].

On the other hand, when the murder investigation of Rafik Hariri, Prime Minister of Lebanon, was being obstructed by the Hezbollah… not unlike Britain’s moves with the Finucane murder… the U.S. paid $30 million dollars to finish the investigation.

No such expression of support was offered by the Obama administration to Britain to provide justice to the hundreds of Catholics murdered in N.I.

 A solitary political  prisoner in N.I., Marian Price, has experienced every imaginable legal sorcery the British can muster to keep her behind bars.

• She is old, in poor health, and needs a wheelchair.
• Whitehall refuses to disclose the reasons for her continued confinement. 
•  A $175K bond was required to allow her to attend  her sister’s  wake.

In contrast, when Secretary Clinton visited Myanamar to meet with democracy activist Daw Aung San Suu Kyii, the military junta freed 1000 political prisoners as a gesture of good will.

There was no such gesture of good will by the British to free Price or other political prisoners like Gerry McGeough when President Obama visited Ireland and England last year.

The British can find a way to spring the Lockerbie mass murderer but not Irish political prisoners.

England’s hubris and hypocrisy does not go unnoticed by regimes whose political prisoners number in the thousands.

 In 2011 Britain passed along to Attorney General Holder subpoenas requesting tapes from a research project that were held in Boston College.

• They used a Mutual Legal Assistance Treaty (MLAT) intended for major money laundering, drug trafficking, and terrorist crime prosecutions — not a politically motivated fishing expedition.
• The subpoena sought information on a 40 year old killing of a British informer as British paratroopers were marauding Catholic communities in the North.  The request was a shameless attempt to smear Gerry Adams and interfere in the political process of Ireland.
• More importantly, the subpoenas are a contradiction of the assurances given by the British to none other than Senator Kerry and others regarding the purpose of the 1998 peace pact.
• Prime Minister Cameron knows that the man behind the subpoenas is Norman Baxter, a retired RUC officer with ties to both the corrupt Special Branch Unit and MI-5  often cited in the Stevens and Stalker reports for lawlessness.

Surely now the U.S. must question both the subpoenas and Britain’s commitment to peace and justice in the North.

The British will push back any effort by Secretary Kerry to raise these issues.

They cannot afford to have any more of their dirty war in Ireland exposed.

Their use of the Ulster Defense Association as Murder Inc. like Assad uses the Shabibas would portray the response of the IRA sympathetically.

On the other hand, England’s  ‘successes’ of late trashing America’s laws, policies, and the Irish peace agreement may embolden them to trust Deputy Secretary of State, William Burns, an Oxford graduate, to carry the ball for them with Kerry.

Secretary of State Condi Rice once canceled a trip to Egypt after Mubarak jailed Aman Nour, a freedom activist.

Would Secretary Kerry do the same to protest the murder of Finucane or the imprisonment of Ms Price?

The British would prefer to address such matters away from probing media.

But isn’t that the way a message is sent to other nations who would abuse American trust and undermine our polices in support of things like the Belfast Agreement, Iranian sanctions, and Mexican drug trafficking?

Soon we will know whether there will truly be a new era at the Department of State.

 

Irish American Groups Seek Voice of Boston College President in Opposing Holder Subpoenas

Irish American Groups Seek Voice of Boston College President in Opposing Holder Subpoenas
Press Release Holder Subpoena of Boston College Records & President Leahy letter
ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE
January 23th
Denver, CO & NY, NY & Wash. D. C.

The largest Irish American activist groups in the nation including the oldest Irish Catholic organization in America, the Ancient Order of Hibernians (AOH), have appealed to Boston College President William P. Leahy S. J. to voice his misgivings about Attorney General Holder’s subpoenas to Secretary of State Clinton and members of Congress. The college is fighting Holder in the 1st Circuit Court of Appeals but it is the political arena where President Leahy’s voice is being sought.

“We believe,” stated Thomas J. Burke Jr., President of the Irish American Unity Conference, “that the request for these subpoenas are part of a broader effort to destabilize the Irish peace process by ‘deep State British security forces.’ These forces are like those in El Salvador that in 1989 killed Jesuit priests and staff at Universidad Centroamericana in El Salvador. What’s the connection? Prime Minister Cameron admitted in Parliament last month that he was “shocked” and “appalled” by the collusion of security and intelligence forces in the murder in 1989 of Irish civil rights attorney Pat Finucane. Like the government in El Savador in 1989, the British government today holds no one accountable.”

“President Leahy’s predecessor, the Reverend J. Donald Monan S. J.,” stated AOH National President Brendan Moore, “became an advocate for justice in the El Salvador murders. Speaking truth to power he pressed Members of Congress and in particular Representative Joe Moakley to fight for justice for the victims. The chosen method to get at the truth for the El Salvador killings was to withold aid from and not cooperate with the government. We believe President Leahy’s voice could transform the Holder subpoena issue in the same way. Why should Holder cooperate until Finucane’s killers are brought to justice?”

Rob Dunne, President of the Brehon Law Society explained: “Britain’s decision to re-hire retired Royal Ulster Constabulary (RUC) officers without vetting them was the key to getting some back inside who may even have been involved in Finucane’s murder. To what end? Certain of these returned retirees have worked to cover up the security forces collusion in the killing of hundreds of innocent Catholics, to interfere in the Irish political process and to literally shred the justice provisions of the 1998 Irish peace pact i.e. the Dublin-Monaghan bombing inquiry, the Pat Finucane public inquiry and the Historical Enquiries Team (HET).”

The leaders pointed out that the murky origins of the British subpoena request can be traced to the return of these retirees some of whom served in the lawless and corrupt special RUC unit that has been so cited in the Stevens and Stalker Reports and now the de Silva Review. They pointed out that no college in the nation has a longer association with Ireland and Irish Americans than Boston College and President Leahy’s voice would cause many to reconsider the wisdom of turning over any records to the British at this time.

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ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE

January 16, 2013

William P. Leahy S. J.
President
Boston College
Botolph House
140 Commonwealth Avenue
Chestnut Hill, Massachusetts 02467

　
Dear President Leahy:

In August of last year we sent a letter to you regarding the attempt by the British government to secure records from the Irish Archives of the Burns Library (see attached).

Indeed the College and, separately, the researchers who compiled those records, have fought Attorney General Holder’s subpoenas and this misuse of the U.S.-U.K Mutual Legal Assistance Treaty (MLAT). We welcomed the move by the College.

We had hoped that, in addition to the litigation, the College would express its views to Members of Congress regarding the threat to academic independence and constitutional freedoms.

The Writ of Certiorari currently being considered by the Supreme Court in that litigation was accompanied by amicus briefs from respected national and international journalist advocacy groups and social scientist researchers.

If Boston College were to share its concerns with other Jesuit academic institutions like St Joseph’s in Philadelphi, PA, Fordham, Loyola, MD and St Peter’s in Jersey City, perhaps the Attorney General would reconsider his action.

Over 20 Members of Congress from the states where those schools are located have followed the leadership of Senator Kerry in opposing these subpoenas not only for their threats to academic inquiry but for their flawed issuance pursuit to the MLAT.

Your voice in a meeting with State congressional leaders could complement the litigation which may or may not address the core issues.

As you may know, we filed one of the amicus briefs and focused our arguments on why the Attorney General should cooperate with the Police Service of Northern Ireland (PSNI) whose record of lawlessness and human and civil rights violations is well documented.

Prime Minister Cameron recently released a report which admits the forces of law and order there conspired with loyalist terrorists to kill attorney Patrick Finucane. Not one PSNI officer was held accountable.

It is difficult to grasp why the Attorney General of the U. S., the nation’s chief law enforcement officer would, in this instance, issue subpoenas for records sought by the PSNI.

It is a travesty of justice, a misuse of America’s treaty and a threat to the Irish peace process.

Your voice is reflected in the court battle.

We ask that you also join this political struggle to defend the rule of law and seek justice.

This is not unprecedented.

Boston College, with the aid of the Representative Joe Moakley, helped expose tyranny in El Salvador and fought for justice for the victims of the Jesuit assassinations there in 1989.

　

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference
　

Cc: Ms. Kathleen McGillycuddy, Chair
Board of Trustees
Boston College

　

Clinton & Holder Pressed Anew on Subpoenas of Boston College Records

CLINTON & HOLDER PRESSED ANEW ON SUBPOENAS OF BOSTON COLLEGE RECORDS
COLLEGE PRESIDENT & MEMBERS OF CONGRESS URGED TO OPPOSE

ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE
January 18th
New York City & Wash, D. C.

The first session of the 2013 Congress is just starting and a a new term for President Obama is just beginning, but a coalition of Irish-American groups are vigorously pursuing their 3 year campaign to convince Attorney General Eric H. Holder and Secretary of State Clinton that the British request for Irish records at Boston College is wrong. It constitutes a violation of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT), violates American values of justice, contradicts British assurances and undermines the Irish peace process which is the settled public policy of three U. S. Presidents.

“We recognize,” stated National Ancient Order of Hibernians President Brendan Moore, “that Britain is a valued partner in the investigation and prosecution of major money laundering, drug trafficking and terrorist crimes. This request, however, for records in Boston College and presumably in aid of a 1972 criminal investigation that never happened is a misuse of [the] MLAT and an abuse of American goodwill and trust.”

Robert Dunne, President of the Brehon Law Society elaborated: “Just last month Prime Minister Cameron described the Police Service of N. I. (PSNI) collaboration with loyalist terrorists in 1989 to kill attorney Patrick Finucane as “shocking” and “appalling”. This is the police force that has requested these subpoenas. Until the re-hiring of retired PSNI officers (some of whom may well have been in on the collusion to kill Finucane), the PSNI had shown more transparency and professionalism. This request suggests the ‘bad old days’ have returned.”

The President of the Irish-American Unity Conference, Thomas J. Burke Jr., an attorney in Denver, Colorado, observed: “The ‘special relationship’ invariably comes under the most stress and closest scrutiny when Britain’s actions or inaction in Ireland are involved. But this episode is purely an American issue. We are asking Mr. Holder not to rubber stamp the request but to scrutinize more carefully the purposes of MLAT and to engage in a more in-depth dialogue with the Department of State as the MLAT provides.”

Litigation involving the researchers of the Belfast Project and Boston College in opposition to this request of Attorney General Holder argues not only that this request is a misuse of the MLAT but that important constitutionally protected academic and journalistic freedoms are also involved. A Writ of Certiorari is currently pending at the Supreme Court.

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ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE
　
January 19, 2013
　
Mr. Eric H. Holder Jr.
United States Attorney General
Office of the Attorney General
Department of Justice
950 Pennsylvania Ave, NW Rm. 5115
Washington, D. C. 20530

Dear Attorney General Holder:

It is now almost three years since the British government made an ill-advised request on behalf of the Police Service of Northern Ireland (PSNI) for records held in the Irish archives of the Burns Library at Boston College. We respectfully use the term ill advised because the request does not qualify for the use of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT); it contradicts specific intentions and assurances the UK has given to U. S. Senators and others regarding the 1998 Belfast Treaty and U.S.-U.K. extradition treaties; and, if it is honored, would constitute a betrayal of American values of justice and the rule of law.

You are aware that the Supreme Court is currently considering a Writ of Certiorari filed by the litigants Ed Moloney and Anthony McIntyre which challenges this misuse of the U.S.-U.K. Mutual Legal Assistance Treaty(MLAT) and asserts the infringement of journalistic freedom and academic integrity. It is the resolution of this case which you have claimed in letters to our coalition and to Members of Congress prevents you from withdrawing enforcement of the subpoenas. Nothing in the MLAT requires a rubber stamping of the British request. In fact there are several determinations that are to be made, in consultation with the Department of State, before acknowledging and enforcing any request.

While we believe the arguments we have made in our previous correspondence are sufficient to deny the UK query, we wish to bring to your attention two other issues for your consideration. In December last, the UK released the de Silva report, a review of documents, related to the murder of Irish attorney Patrick Finucane in 1989. Prime Minister Cameron stated in Parliament that the collusion of police, military and intelligence forces in the assassination of attorney Finucane, an officer of the court, was “shocking” and “appalling.” Unfortunately it was not so shocking enough for anyone to be held accountable for their crimes. This is the police force, Mr. Holder, that has made the dubious request for records in Boston College. More damning still is the fact that due to a policy of rehiring retirees by PSNI the very same officers involved in the collusion to murder Finucane, and most likely attorney Rosemary Nelson, could very well be back on the force and the source of this MLAT initiative.

Recently English jurist Lord Moses refused to approve, pursuant to a U.S.-U.K. Extradition Treaty, the return to the U. S. of a fugitive child molester because he thought United States laws in dealing with such crimes too harsh. It occurs to us that with evidence of State sponsored murder of an officer of the court by government forces and no one held accountable, the first duty of the chief law enforcement officer of this nation is NOT to cooperate with those forces until there is accountability. Further you must give weight to our arguments that there are murderous elements of the PSNI that are determined to raise havoc with the Irish peace process by means of the subpoena request and other means.

We ask again that you not enforce but withdraw the subpoenas requested by the PSNI. We believe the seriousness of these issues are deserving of a considered response. If you have any questions, please do not hesitate to contact us.

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference

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ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE

January 19, 2013
　
Ms. Hillary Rodham Clinton
Secretary of State
Department of State
2201 C St NW, 7th Fl
Washington, D. C. 20520
　
Dear Madame Secretary:

It is now almost three years since the British government made an ill-advised request on behalf of the Police Service of Northern Ireland (PSNI) for records held in the Irish archives of the Burns Library at Boston College. We respectfully use the term ill advised because the request does not qualify for the use of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT); it contradicts specific intentions and assurances the UK has given to U. S. Senators and others regarding the 1998 Belfast Treaty and U.S.-U.K. extradition treaties; and, if it is honored, would constitute a betrayal of American values of justice and the rule of law.

We have previously provided members of your staff with a substantial body of work of the Committee on the Administration of Justice which documents the efforts by the British government to undermine specific provisions of the 1998 Belfast Agreement. You are already aware of the concerns that U. S. Senator Kerry and 20 other Members of Congress have expressed related to the threats posed to the Irish peace process by Attorney General Holder’s subpoenas.

The litigation against Attorney General Holder’s issuance of the subpoenas to Boston College has been ongoing for two years and has now reached a point where a Writ of Certiorari, which seeks a review of the misuse of MLAT, is being considered by the U. S. Supreme Court. We were one of four amicii who filed briefs in support of the Writ. It is enclosed.

More significantly, the British government released a so-called “review of government documents” related to the murder in 1989 of attorney Patrick Finucane. Prime Minister Cameron stated in Parliament that the collusion of police, military and intelligence forces in the assassination of attorney Finucane, an officer of the court, was “shocking” and “appalling.” Unfortunately not so shocking that anyone need be held accountable for their crimes. We wish to remind the Secretary that this is the same police force that has made the dubious request for records in Boston College. Indeed, due to a policy of rehiring retirees by PSNI the very same officers involved in the collusion to murder Finucane, and most likely attorney Rosemary Nelson, could very well be back on the force with this mischievious request.

Your consultative role in this matter is stipulated in the MLAT, and is intended to prevent such abuse and exercised to insure American values of justice not be betrayed. What signal does it send to those dissident loyalist forces in Northern Ireland if the U. S. can look the other way at murder? The U. S. has not looked the other way when lawyers in China and Russia are threatened or killed. We believe strongly that the exercise of that discretion to oppose the UK request is warranted in addressing this PSNI request.

If you have any questions or are in need of any further documentation, please do not hesitate to contact us.

Sincerely,

Mr. Brendan Moore
National President
Ancient Order of Hibernians

Mr. Robert Dunne, Esq.
President
Brehon Law Society

Mr. Thomas J. Burke Jr. Esq.
National President
Irish American Unity Conference

　
　
　
　
　
　
　
　

　

　

　

　

M ichael J. Cummings
12 Marion Ave
Albany, New York 12203-1814
518-482-0349, 447-4802 & 505-2851
1-888-295-5077 (IAUC)