Assistant US Attorney Randall E Kromm wrote in a filing with the US Court of Appeals for the First Circuit in Boston that BC incorrectly stated in January that the case was moot after the death of Dolours Price, a former Irish Republican Army member who was interviewed by researchers of the colleges Belfast Project.
In its [filing on Jan. 28], Boston College does not advance any developed argument as to why Prices death renders this appeal moot, Kromm wrote.
Jack Dunn, a Boston College spokesman, said in an e-mail that Kromms filing was expected. Today the US government simply opposed our motion from last week that asked the court to dismiss our case because of the death of Dolours Price, he wrote.
The Belfast Project is a collection of interviews with former members of the IRA and other groups who fought during the Troubles.. Project participants consented to interviews with the understanding that their statements would be kept confidential until their deaths.
In early 2011, federal prosecutors issued subpoenas for interviews with Price and Brendan Hughes, a former IRA member who died in 2008, on behalf of authorities investigating the 1972 abduction in Belfast and murder of Jean McConville, a mother of 10 who was killed because she was suspected of being an informant against the IRA.
A second subpoena was later issued for any and all interviews that contained information about McConvilles death.
Boston College turned over the materials concerning Hughes but initially fought the release of the Price recordings. The college ultimately turned over the Price materials, but their delivery to British authorities has been stayed pending a separate appeal by project researchers Ed Moloney and Anthony McIntyre with the US Supreme Court.
Prosecutors based their subpoenas on a treaty between the US and Britain that requires them to share information that could aid in criminal investigations. Boston College and others have argued that turning over the interviews could have a chilling effect on academic research, imperil the peace process in Northern Ireland (sic) and subject project participants to retaliatory attacks. BC continues to fight the release of additional interviews with project participants, which is at issue in its case before the appeals court.
Boston Colleges claim that the case caption shows that the governments requests only sought evidence against Price personally is at odds with the record and, indeed, with Boston Colleges own litigating position in the district court and on appeal, Kromm wrote in his filing.
He added that the investigation into McConvilles death was not limited to seeking materials for the purpose of prosecuting Price.
However, in their January 28 filing seeking to have the order to turn over additional interviews vacated, BC argued that Prices death means that criminal matters of Dolours Price can no longer be the subject of any prosecution or referral, and as a result the provisions of the [international treaty] pursuant to which the subpoenas were issued are no longer available.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++Irish Republican Information Service (no. 311)
Teach Dáithí Ó Conaill, 223 Parnell Street, Dublin 1, Ireland
Phone: +353-1-872 9747; FAX: +353-1-872 9757; e-mail: email@example.com
Date: 21 Feabhra / February 2013
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