Press Statement On Verdict of First Circuit

From Ed Moloney & Anthony McIntyre

July 8th, 2012

After consulting with our attorneys, Eamonn Dornan and JJ Cotter we have agreed to consider a motion for a re-hearing of the case en banc* because there are issues of exceptional importance raised in the judgement of the First Circuit Federal Appeals Court which the court did not properly address. Not least of these are our constitutional right to freedom of speech under the First Amendment including the protection of academic research; our rights, not least to life, under the Fifth Amendment and the fact that this is the first time in US legal history that a Federal Appeals court has dealt with the Mutual Legal Assistance Treaty (MLAT) under this particular section 18 USC 3512.

We continue to keep our legal options in the Belfast courts open.

An en banc hearing would mean that the case would be re-heard in front of the entire bench of the First Circuit appeals court.

Eamonn Dornan is available for media interviews. Contact details from Ed Moloney/Anthony McIntyre.

22 comments:

  1. Good luck a cara whatever the outcome you know you have all our support and friendship...

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  2. You are really amateurs playing Wendy House politics in the world of the grown ups. Pity you did not have good legal advise before embarking on your mission. It is time to hand over the tapes.

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  3. Strange comment for a journalist to make Gerry

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  4. I second Marty's sentiments. Don't give up, Anthony. Keep fighting till the fighting is done.

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  5. Alfie,

    thanks. We shall come what may

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  6. As long as I've known you, Gerry, you have resorted to insults more than arguments.

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  7. Gerry Murray never heard of him !has he ever contributed to anything worthwhile,worth reading or does he just copy press releases out verbatim.

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  8. Gerry.

    Seems you "STILL DON'T KNOW" what side your bread is buttered on!.
    You and your 11 members could be called ,"The Last Apostles"!!.

    Anthony.

    You take care of your Good Lady and your children, Remember they come first now, Get yourself and your good lady registered firearms, FFS PSF have them, so why not jump on the band wagon and get two for self protection.
    Good luck to you and your beautiful family.

    You have my 100% support.

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  9. Mackers
    chin up big man. History was recorded in good faith. Nothing more nothing less.

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  10. from Page 26 of the courts judgement.

    The US-UK MLAT contains no express language creating
    private rights. To the contrary, the treaty expressly states that
    it does not give rise to any private rights. Article 1, paragraph
    3 of the treaty states, in full: "This treaty is intended solely
    for mutual legal assistance between the Parties. The provisions of
    this Treaty shall not give rise to a right on the part of any
    private person to obtain, suppress, or exclude any evidence, or to
    impede the execution of a request." US-UK MLAT, art. 1, ¶ 3. The
    language of the treaty is clear: a "private person," such as
    Moloney or McIntyre here, does not have any right under the treaty
    to "suppress . . . any evidence, or to impede the execution of a
    request.".

    I would be a bit worried on that Rule, "Anthony", I hope both your briefs have read and fully understand this Rule, because, as I read it, and it is entered into U.S. Law Agreement with the U.K, Im afraid there is no way of stopping the interview tapes being passed to the RUC/PSNI.

    Maybe this is something, Why just the Republican Tapes?, an argument could be made that this is a witch hunt By The RUC/PSNI against Republican Interviewee's, because None of the loyalists tapes have been requested and it proves that the RUC/PSNI are not bothered about atrocities committed by Loyalist Gunmen and Bombers in "Collusion with the same British Police Service who wish to get these tapes.

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  11. Anthony.

    I have just read every page of that ruling.

    Its a sad day for everyone involved in the Belfast project, what the saddest thing is, The RUC never even attempted to investigate Jean Mc Convilles Murder in 1972, the kids were put into care. But we all know the real reason why they want the tapes, Its those ex RUC/Special Branch working for ruc/psni supposedly as civilians!!, to get at those who made them look like a laughing stock.

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  12. Anthony

    Full support

    Dave mc Sweeney

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  13. Anthony

    Full support from your friends in Drogheda and surrounding areas

    Dave mc Sweeney

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  14. Itsjustmacker

    Thanks for your support.

    The lawyers have read the judgement every which way.

    David,

    Much appreciated.

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