Chris Bray: Cause and Effect

Boston College in-house lawyer takes vacation, delays their appeal


Okay, this is funny.

For months, the government lawyers arguing in court for the subpoenas of archival material at Boston College have sounded a persistent note of urgency: This is a murder investigation! There's no time for delay! Reflecting this urgency, the government pushed for an expedited schedule in the First Circuit, trying to resolve the legal appeals over the subpoenas as quickly as possible. (See, for example, this scheduling order in the appeal filed by Ed Moloney and Anthony McIntyre: "The government's request for an expedited briefing schedule is allowed. ")

Then came April 4, when the government's lawyer was left baffled and babbling by the questions from a panel of appellate judges in the Moloney and McIntyre appeal. Suddenly? Not so urgent. Below, a motion from Boston College's lawyers to slow down the briefing schedule in the university's separate and more limited appeal in the same case. Taste the funny: "The Government has authorized Boston College to advise the Court that the Government assents to this motion, and does so with the hope that briefing in this case will proceed expeditiously and that the case will be ready for argument by this Court’s September sitting."

Boston College, and their frenemies in the U.S. Attorney's Office in Boston, hope that briefing in this case will proceed expeditiously so that argument can happen soon. In, like, maybe let's skip the rest of the spring and the whole summer and go for, I don't know, early autumn?

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5 comments:

  1. Dr McIntyre,

    I am an American of Irish Heritage who is very closely following these precedings.

    Recognizing the hawkish role that the Irish American Diaspora played in Ireland's history of armed struggle, and now in its caretaker role in the tenuous peace process, I was going to draft a letter to my Congressman when it dawned on me:

    When it comes to things like Internet piracy and downloading music, Americans make template letters that can be shot off to their Representatives. I did a Google and saw that nothing similar is arranged for this case. I read a long time ago that for every correspondence a Congressman receives, he assumes that a significant amount of his constituents feel the same way.

    I think that if you or Mr. Moloney would draft a template letter or accept the doings of such to implore U.S. Congressman to voice an opposition to the subpoena, and if this could be made readily available on the web by Irish American newspapers, the AOH, labor unions, etc, that many people could turn up the heat.

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  2. Excellant Idea. We Irish Americans can do a lot over here as well to help our ancestors.

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  3. We Irish Americans can do a lot to help over here. We left Ireland for different reasons but from here we may have more flexibility to help.

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  4. *Chris Bray: Cause and Effect*

    Christopher,

    We discussed at some length the idea of a temp[late but opted not to go with it simply on the grounds that there is a consensus that those type of letters get binned by the recipient. However, it would be greatly appreciated were you to write to your congressman.

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