Chris Bray: Boston College Subpoenas Challenged in Belfast Courts Judicial Review
Most immediately, the brief asks the court to issue an interim injunction that would forbid the PSNI or the government of the UK from “taking custody” of the subpoenaed materials while the court considers the legal issues in the case. The outcome of that request should be clear in a very few days, while two legal appeals remain pending in the US — one of which won’t even be argued before September.
But the separate appeal filed by Belfast Project researchers Ed Moloney and Anthony McIntyre was heard back in May, and should decided any day, now. It’s a broader appeal than the one filed by Boston College, covering a wider range of subpoenaed material. So the immediate issuance of a temporary injunction in the UK could become significant in the very near future if Moloney and McIntyre lose their appeal in Boston — it would mean that the Department of Justice would get confidential IRA interviews on behalf of the UK that officials in the UK would be forbidden to accept.