Chris Bray: Gov't to Judge - This is Gonna Be a Little Harder Than We Thought

Several developments in the legal appeals over the subpoenas of Belfast Project interviews at Boston College:

First, the U.S. Attorney's Office in Boston has asked the First Circuit for an extra business day to submit its response to a pair of appeals filed by Belfast Project researchers Anthony McIntyre and Ed Moloney, and to the amicus brief filed by the ACLU of Massachusetts. The government's brief is below, but here's the most important piece:

The arguments in these appeals raise a number of issues of first impression regarding the rights of third parties to intervene in or otherwise effect proceedings under the MLAT. In addition, because the appeals implicate an international treaty as well as issues of domestic civil and criminal law, a number of departments of the United States have requested that they be allowed to review and comment on the government’s brief. A draft of the brief has been completed. In order to allow sufficient time for the brief to be reviewed and reviewer comments to be incorporated into the draft, however, the government requests that its deadline be extended by one business day.

In a single paragraph, the DOJ conveys the exceptional importance of the aggressive legal effort from Moloney and McIntyre. With Boston College making no more than limp and polite gestures at challenging these subpoenas, a pair of independent researchers chose to go it alone -- aided by capable lawyers, and now joined by the ACLUM -- and to fight like hell. The U.S. Attorney's Office never broke a sweat working against BC's sad efforts, but now it faces a legal battle over "a number of matters of first impression" that demand the immediate attention of "a number of departments" of the federal government. These appeals will make case law that will define the relationship between researchers and the government for decades to come. Academic news media, get off your asses and pay attention.

Here's the brief:


  1. Big stuff Anthony now you know how Samson felt when he first cast an eye on Goliath,good luck a cara hope you get the same result..

  2. Marty,

    thanks. Just have to press home every advantage or opportunity that we get in this case. Chris has the measure of that BC outfit so well

  3. Anthony
    The old saying goes, "TRUST IN THE Law", scales of justice!, what a load of crap, the scales are weighted towards the British side.
    Believe you me "Mackers" , you are now on the winning side, as is, Ed Moloney, BUT, if the worst comes to the worst, "YOU ARE IN THE CLEAR. You did not break your contract; (Promise) to those volunteers, who you interviewed, and gave their honest views of what happened during the conflict, But, "Boston College" did.
    and; this is my final word on this subject, I remember , "Just like the rest of the volunteers, when agreements ment disagreements,
    Those who sit in the Felons Club, think they are right, because they have been told that it's right, the problem is, they are not alllowed to listen to anyone else, for fear of theire jobs, as, "DOORMEN", I sincerely hope that some of our ex pow's from the Felons Club read this, My question to them is, "do you realy believe psf give a shite about you, or your comrades, do you think for one minute they would goe to your funeral?.
    Brother and sister Volunteers, they sold us al down the british drain, We are still under a british government, but, with the help of PSF.

    Maybe i have misunderstood your comment, But,You stated, "Sampson cast an eye on Goliath, Did not David Defeat Goliath?, I am of the opinion that Antony is in the same position as , "David",

  4. Just checking itsjustmackers good to see your well sussed up on the big lie book, you are right of course it was indeed Davyboy, but the hope is still there, Samson was a man of immense strength our Anthony and Ed has shown similar strength in face of such overwhelming odds,one thing for sure that ugly git Burns of BC is no Delilah,

  5. Heard an old song last night when the falling down water had kicked in and it kinda stuck in my head,it reminds me of those in BC and up the hill in Stormont and it goes something like this, dont be shy to sing along...
    Little boxes on the hillside
    Little boxes all the same
    There,s a green one and a blue one(BC bit here)and a yellow one..and they,re all made out of ticky tacky and they all sound just the la la....

  6. Marty,

    you are so generous but you made a virtue out of necessity for us!! I have relied on the strength of a lot of people around me! It is saddening when a research institution like BC which has the power to protect its research participants abandons them to cosy up to law enforcement. Big hat no cattle comes to mind

  7. Itsjustmacker,

    Thanks for that about BC. We are still fighting while some of our former comrades are making the case for the British police. Funny old thing that Stick virus as we agreed.

    On your point about people not being allowed to listen to a different point of view I spoke with people who worked in the AP/RN and they said they were not allowed to read The Blanket while there. That degree of mind control by the thought police is shameful.

  8. If you know the history on both sides of the Atlantic, understand it as it really happened, and have appreciation for the greatest ironies imaginable, you will agree there is no more suitable place on earth [] than Boston, Massachusetts, for journalists and educators Ed Moloney and Anthony McIntyre to fight for the sacred confidentiality of sources, their own good lives, and the lives of their families, friends and confidants.

    The jesuitical [pejorative] Boston College confounded morality when they selected Moloney and McIntyre as adversaries. It’s not the first time BC has used self-gratifying equivocation in support of what is repugnantly unlawful, unethical, amoral:

    “I’m convinced, history will judge tyrant Thatcher and Healy harshly ... As late as 1996, another Jesuit institution, Boston College, announced plans to again honor Thatcher. As a result, however, of a firestorm of protest from outraged American activists, the Jesuits at Boston College abandoned the ill-advised project.” Hughes, William C. Baltimore Iconoclast. Bloomington, Indiana: IUniverse, 2002, 42-43.

    The current president of BC, Father William P. Leahy, S.J., says Boston College offered a promise for the future of Irish immigrants in 1863 and, today, he sees the world this way: “... a world that has experienced an explosion of knowledge, but not a corresponding growth in understanding; a world that lacks trust in its leaders and faith in its institutions. It is a world that has developed wondrous technologies that link continents, but isolate humans, leaving many men and women weary and dispirited, feeling distant from moral purpose, uncertain about knowledge or the very worth of human endeavor.” (BC website updated December 5, 2011) He goes on to say that his institution is “uniquely capable ... to educate a new generation of leaders—men and women who will be capable of shaping the future with vision, justice, and charity—with a sense of calling, with concern for all of the human family.”

    A caution here to Boston College and Fr. Leahy: saying these fine words without action to support them, and in fact, to act in opposition to these principles by way of your pursuit of Moloney and McIntyre, universally is called “lie”.

    Boston College’s website says they are in the midst of their 150th Anniversary Campaign to “Light-the-World” as “a social innovator”, “our mission is to transform lives” and to “grow as a pioneer and a global presence” stating that three of “four important goals” of the College are to “raise $1.5 billion for vital priorities, increase alumni donor participation, and secure BC’s future through legacy giving.”

    Ah, indeed, we have gone across the Atlantic and back again several times: how the waters muddy when private ‘self-supporting’ colleges seek donations in the billions of dollars. Who are BC’s donors, private and public - the “special interests” who support their operation - and are favors attached to their most handsome financial generosity?

  9. Karen, great to hear from you again. Hope all is well. Thanks for this comment. It is much appreciated.