ANCIENT ORDER OF HIBERNIANS • BREHON LAW SOCIETY • IRISH AMERICAN UNITY CONFERENCE
March 20, 2013
Honorable John Kerry
Secretary of State
Office of the Secretary
U. S. State Department
2201 C Street, NW, 7th Floor
Washington, D. C. 20520
Dear Secretary Kerry:
We are following up on our previous letter of February 7th in which we seek an opportunity to meet with you to discuss our concerns with British government misuse of the U.S.-U.K. Mutual Legal Assistance Treaty (MLAT) in the case of the Boston College subpoenas. You will recall that in our conference call in January, 2012, you indicated you spoke with the Attorney General who at the time assured you that no documents secured as a result of the subpoenas would be turned over to England without him first speaking with you. Mr. Holder has chosen not to communicate at all on this matter except to indicate through subordinates that the matter is currently in litigation.
Now as Secretary of State you have the duty, the statutory obligation, to consult with Attorney General Holder if you have concerns about those subpoenas that would compromise American values and undermine those U.S. policies in support of the 1998 Good Friday Agreement. You indicated as much in your letter to former Secretary Clinton. However, you had the additional experience of listening to British representatives assure the U.S. Senate during ratification of the U.S.-U.K. Extradition Treaty that it was not their objective to pursue prosecutions pre-1998. This combined with their failure to comply with the Treaty obligation to provide a public inquiry into their admitted murder of attorney Patrick Finucane renders the credibility of the United Kingdom in this matter untrustworthy.
This is an American issue where our laws are being violated and our policies being undermined. We feel we have time and again identified the specific ways in which this is being done but would be willing to sit down again to make those arguments. The British government has publicly claimed in NYC that it had nothing to do with the subpoenas but the Home Office processed them. Home Secretary May is fully aware that the instigator of the request is a former Royal Ulster Constabulary commander with links to the much discredited Special Branch and to MI-5, the service that admittedly was involved in the conspiracy to murder Patrick Finucane. Isn’t anyone in the Department of State connecting the dots?? Isn’t it enough that the subpoena request has NOTHING to do with the purposes of MLAT as explained by Ms. Warlow of your Department to the Senate during that treaty’s adoption?
We deeply appreciate the principled stand that you took in opposing these subpoenas not alone as a misuse of MLAT but for the threats posed to academic integrity and to constitutional freedoms. Everything that has been learned about these scurrilous subpoenas since has confirmed your worst fears! We ask again that you take the necessary action to affirm America’s support for the Irish peace process, to uphold the MLAT obligations of a Secretary of State and to not compromise our values of justice and respect for the rule of law.
We stand at the ready to meet with you and your staff at any time to insure that the U.S. “does the right thing.”
Mr. Brendan Moore
Ancient Order of Hibernians
Mr. Robert Dunne, Esq.
Brehon Law Society
Mr. Thomas J. Burke Jr. Esq.
Irish American Unity Conference