Department of Justice Response to Senator Lugar

Date stamped 2012 APR 24 PM 1:36
Date stamped APR 9 2012

US Department of Justice
Criminal Division
Office of the Assistant Attorney General
Washington, D.C, 20530

The Honorable Richard G. Lugar
United States Senate
Washington, D.C. 20510

Dear Senator Lugar:

This responds to your letter, dated January 19, 2012, forwarding a letter from Carrie Twomey expressing concern about a request for legal assistance from the United Kingdom (UK) that seeks information relating to the 1972 abduction and murder of Jean McConville and the subpoenas issued to the Trustees of Boston College in furtherence of this request.

The UK submitted the above-mentioned request for assistance pursuant to the 1994 U.S.-U.K. Mutual Legal Assistance Treaty, as supplemented by the 2003 U.S.-EU Mutual Legal Assistance Agreement (the MLAT). Under the terms of the MLAT, the United States has obligations to assist the UK in criminal investigations, provided that treaty requirements are met. The United States takes such obligations seriously. Consequently, the Department of Justice considered the provisions of the MLAT prior to proceeding to execute the request.

Whether and how the Trustees of Boston College must comply with the subpoenas issued in this case are matters addressed in litigation pending before a U.S. federal court. I note that Ms. Twomey availed herself of the opportunity to bring the issues raised in her letter to the attention of the federal court addressing this matter. In light of the fact that litigation is pending in this matter, I hope that you will understand why the Department of Justice is unable to comment further.

We hope this information is helpful. Please do not hesitate to contact this office if we may be of assistance with this or any other matter.

Sincerely,

Mythili Raman
Principal Deputy Assistant Attorney General


In response to: Senator Lugar follow up letter 16 Apr 2012
Senator Lugar’s forwarding of Carrie Twomey letter 18 Jan 2012