Commentary on British Subpoena of Boston College by Michael Cummings

IRISH AMERICAN UNITY CONFERENCE
BOX 55573
WASHINGTON, D. C. 20040 September 27, 2011 

Dear Editor: 

Our U. S Attorney General has been overcome by an episode of royal arrogance so breathtaking it staggers the imagination. It occurs by way of the latest effort of the United Kingdom to control Ireland’s past, present and its future!! How so? 

Her majesty’s government had the imperial gall to demand U.S. Attorney General Eric Holder enforce a subpoena provided by the police force in Northern Ireland, a Department better known for murders and mayhem than for law enforcement.

The instrument used is the misbegotten Mutual Legal Assistance Treaty (MLAT) sold as an aid to law enforcement in the fight against terrorism. How is this done in a country with more uniformed terrorists on its payroll in N. I. than there are Arab terrorists? The British hold those lovely parties at the Embassy for a supporting cast of fawning diplomats and hangers-on always impressed with Royal Dalton China and the finest Scotch. They then produce a subpoena demanding documents held by one of the nations’ premier Catholic universities, Boston College. 'Be a chap and go fetch these records for us like a good fellow!'

 

No police force in a modern democracy, nor in China, has as many unsolved murders of Catholics---nearly a thousand--- as has the Royal Ulster Constabulary (RUC). Not only gall but ironry, because Britain refuses to disclose two reports (Stevens, Stalker) that document the collusion of the RUC with loyalist criminals in a record of lawlessness that stands alone for its violence and corruption. Britain has had this police force refusing to cooperate with Ireland , the U. S. Congress and anyone else, in covering up the role of the British Army in the largest State-terrorist act of the conflict, the Dublin-Monaghan bombings.

Americans of all faiths, creeds, colors and national origin should be outraged. But decades of British media schmoozing since
Bloody Sunday have perfected the lie of an ‘honest broker’ role and many see the Belfast Agreement of 1998 as closing this chapter. Think again. This is just another step, another chess move in the never-ending story of Britain’s need to control Ireland. But for those so inclined, may I suggest some thoughts that might be conveyed to our elected officials before they collaborate in this injustice! 

The Attorney General should delay or decline the response to the subpoenas because they are contrary to public policy i. e. support of the Irish peace process. It represents a politically inspired fishing expedition to interfere in the political affairs of Ireland. It appears focused on Gerry Adams. 

The MLAT states the U. S. should enforce the subpoena unless it violates our laws and practices. But what about the lawlessness of the Requesting Party i. e. Britain? They are the single largest violator of European Political & Civil Rights accords and Human Rights Conventions. 

The Police Ombudsman for N. I. in January, 2007 reported many areas of police collusion in murder with loyalist paramilitaries. Why is the U. S. government assisting the RUC/PSNI, the most discredited police force in of any modern democracy?

In 2006, in order to get the MLAT adopted, the British Government assured U. S. Senators that they were NOT interested in pursuing pre-Good Friday Agreement prosecutions. Now the first action they take pursuant to this Treaty is to selectively request documents and tapes that might have something to do with a 40 year old case which the Police Ombudsman indicated they never investigated in the first place. Why should the U.S. government fall for this British bait and switch tactic?  It is insulting not only to U. S. Senators but to the American people. 

The British (through the Attorney General) claim the Belfast Accord did not grant amnesty. Oh, but it did for British-paid
terrorists! Jolly Old England has refused to cooperate or prosecute those who committed the Dublin-Monaghan bombs that killed 33 and injured hundreds. Nor have they pursuied the killers of solicitors Patrick Finucane and Rosemary Nelson. They have refused to comply with a unanimous request of Dail Eirean for information on the Dublin Monaghan case. The British have ignored requests from the Commission on Security and Cooperation in Europe for full independent inquiries into the murders of Finucane and Nelson. What part about the word “cooperation” do they not get?

Attorney General Holder, in response to the debacle of Operation Fast and Furious, declared there are a lot of ‘Operations’ in the Justice Department going on that people are not aware of, including himself. Perhaps there are Operation Royal Snowjobs the British are running by using the U. S. Justice Department as patsies. 

In October, 2006 the Independent International Panel Chaired by Professor Douglass Cassel of Notre Dame Law School
concluded “in 24 cases involving 74 murders, evidence linked the RUC/PSNI and the UDR (British Army) with loyalist
paramilitaries …and the investigation and ensuing prosecution of murdered Catholics were inadequate by any standard.” 
How can the Chief law enforcement officer of the U. S. think of ever turning anything over to this gang of uniformed thugs?

In March, 2010 Jane Winter of British Irish Rights Watch, in testimony before the U. S. Helsinki Commission, indicated that the Ballmurphy murders by the British Army of 11 Catholics and the loyalist killings of 15 Catholics in McGurk's Bar, both
in 1971, have yet to be properly investigated. The British refuse to allow an inquiry into the murder of solicitor
Patrick Finucane ...despite compelling evidence that the police, the Army and the Intelligence services were all
implicated in his murder...” Why should the U. S. give any priority to getting Boston College records when Britain has yet to
even investigate crimes, never mind prosecute the slaughter of Catholics? 

In sworn testimony before the U. S. Helsinki Commission, Raymond McCord, a Unionist whose son was murdered by the UVF, testified that senior UVF man Mark Haddock was involved in many murders, one bombing, punishment attacks and drug dealing and worked for the British intelligence services for 12 years. He stated “ the British did collude with terrorist organizations …they are no different than Muammar Gaddafi’s government blowing up a jet with 300 people on it… [his] … was one revolting act of terrorism: the terrorists in N. I. committed thousands of acts of terrorism—many by police agents.” Where does the British government, with so much blood on its hands, get the nerve to make the United States a
partner in their treachery and lawlessness!!!

One of the reasons the U. S. Attorney General argues the subpoena should be enforced and complied with is “there is no reason to conclude the United Kingdom is not engaged in a bona fide criminal investigation.” Anyone with a sophomoric
knowledge of the British version of law, order and justice in Northern Ireland must conclude THAT THE BRITISH DO NOT KNOW HOW TO CONDUCT A BONA FIDE CRIMINAL INVESTIGATION!!!

In 1996 Dr. Anthony Lake spoke at Georgetown University and concluded his remarks by stating “..we are determined to continue supporting the people of Northern Ireland …as they take risks for the peace that they themselves must build.” There is no one who took more risks for peace than Gerry Adams, an elected Member of Parliament and a current Member of the Irish Dail. There are elements of the British government that would prefer to see instability, the return of troops
and the restoration of the police State in N. I. The objective of this subpoena is to meddle in the affairs of Ireland
and to destabilize a peace process in which the U. S. has invested so much time and effort. The fact that this subpoena could contribute to destabilizing the peace process is another reason the Attorney General can decline to enforce it. 

Why isn’t the Attorney General using the MLAT to get information from the British government about the pardon of Libyan bomber el-Megrahi so that the families of the American victims might know whether the U. S. government or British Petroleum is Britain’s true partner in law enforcement? 

In testimony before the House International Relations Committee in 2005, Mitchell Reiss, Special Envoy of the
President to Northern Ireland, spoke of the fundamentals of justice and how …in a democratic society, it is the responsibility of elected politicians to uphold the rule of law and cooperate with authorities.” This was the call of British government
officials after the slaughter of 14 innocent people on Bloody Sunday. After 40 years of lying they admitted that
the killings were murders but found no reason to charge the murdering Paratroopers. Compliance and enforcement
of this subpoena would not serve the purposes of law but MAKE A MOCKERY OF THE RULE OF LAW. The U. S. would be giving a stamp of approval for every tool of repression…internment, kangaroo courts, paid perjurers (supergrasses), censorship, and State-sponsored assassination of elected officials…… used by the British and other despots. Does our Constitution and history of freedom struggles mean nothing to this Administration? 

In March, 2011 Representative Chris Smith (R-NJ), Co-Chair of the Commission on the Security and Cooperation in Europe, expressed his concern over the British government adopting an Inquiries Act which would empower the government to limit independent action by the judiciary. It would also block scrutiny of State actions…particularly in light of the British government’s continuing refusal to heed calls for independent public inquiry into police collusion, and to release the findings of its own inquiries into collusion (Stalker, Stevens).” Britain isn’t interested in the facts or truth of any crime. It is about keeping a  lid on their cesspool of lawlessness while continuing to meddle in the affairs of Ireland.

This is as much a struggle for American dignity and American justice as it is a struggle for the terrible truth of Britain’s misrule in Ireland. It is a struggle Americans must win! 

Sincerely,

Michael J. Cummings, Member
National Board
12 Marion Ave
Albany, NY 12203-1814