Dornan Cotter April 19 Letter
3
THE LAW OFFICES OF DORNAN & ASSOCIATES WWW.DORNANLAW.COM. 10-40 JACKSON AVENUE 3RD FLOOR LONG ISLAND CITY, NY 11101 TELEPHONE: (718) 707 9997 FACSIMILE: (718) 228 5940 MIDTOWN CENTER 25 TALBOT ST., CATHEDRAL QUARTER BELFAST, BT1 2LD TELEPHONE: (+44) 2890 823693 FACSIMILE: (718) 228 5940 April 19, 2012 Via ECF Margaret Carter, Esq. Clerk of Court U.S. Court of Appeals for the First Circuit John Joseph Moakley United States Courthouse One Courthouse Way, Suite 2500 Boston, Massachusetts 02210 Re: In Re: Request from the United Kingdom Pursuant to the Treaty Between the Government of the United States of America and the Government of the United Kingdom on Mutual Assistance in Criminal Matters in the Matter of Delours Price, Appeal Nos. 11-2511 and 12-1159 Dear Ms. Carter: We write in response to the letter submitted by the Department of Justice (“DOJ”) dated April 16, 2012 concerning the above referenced matter. We could not find any provisions in the Federal Rules of Appellate Procedure or U.S. Court of Appeals for the First Circuit’s Rulebook which would permit the Department of Justice to make further submissions or communications once the Panel has risen following oral argument. However, in the best interests of our clients, we feel compelled to respond and request that you kindly bring this letter to the attention of the Panel. It is our respectful submission that the DOJ’s letter merely confirms that the District Court's denial of the Appellants’ motion to intervene prevented them from providing evidence that is essential to assessing their claims that the Government’s position poses a grave risk of physical harm to the Appellants and their families. The Appellants’ affidavits in support of their motion to intervene were not intended as a substitute for, or limitation of, the evidence they would have presented if granted the right to be heard. As just one example, the DOJ’s letter does not dispute that the Department of State made contact with Carrie Twomey, Mr. McIntyre’s wife regarding her family’s security. In fact, at Paragraph 9 of the Affidavit of Carrie Twomey (Appendix A240/A241), Ms. Twomey stated that Boston College had raised the threats against her family with the U.S. Depar tment of State. The Appellants a re ready, willing an d able to provide evidence of those contacts, if the matter is remanded.
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Transcript of Dornan Cotter April 19 Letter
THE LAW OFFICES OF
DORNAN & ASSOCIATES WWW.DORNANLAW.COM.
10-40 JACKSON AVENUE 3RD FLOOR LONG ISLAND CITY, NY 11101
TELEPHONE: (718) 707 9997FACSIMILE: (718) 228 5940
MIDTOWN CENTER 25 TALBOT ST., CATHEDRAL QUARTER BELFAST, BT1 2LD
TELEPHONE: (+44) 2890 823693FACSIMILE: (718) 228 5940
April 19, 2012
Via ECF
Margaret Carter, Esq.
Clerk of Court
U.S. Court of Appeals for the First Circuit
John Joseph Moakley United States Courthouse
One Courthouse Way, Suite 2500
Boston, Massachusetts 02210
Re: In Re: Request from the United Kingdom Pursuant to the Treaty Between
the Government of the United States of America and the Government of
the United Kingdom on Mutual Assistance in Criminal Matters in the Matter of
Delours Price, Appeal Nos. 11-2511 and 12-1159
Dear Ms. Carter:
We write in response to the letter submitted by the Department of Justice (“DOJ”)
dated April 16, 2012 concerning the above referenced matter. We could not find any
provisions in the Federal Rules of Appellate Procedure or U.S. Court of Appeals for the
First Circuit’s Rulebook which would permit the Department of Justice to make further
submissions or communications once the Panel has risen following oral argument.
However, in the best interests of our clients, we feel compelled to respond and request
that you kindly bring this letter to the attention of the Panel.
It is our respectful submission that the DOJ’s letter merely confirms that the
District Court's denial of the Appellants’ motion to intervene prevented them from
providing evidence that is essential to assessing their claims that the Government’s
position poses a grave risk of physical harm to the Appellants and their families. The
Appellants’ affidavits in support of their motion to intervene were not intended as a
substitute for, or limitation of, the evidence they would have presented if granted the rightto be heard. As just one example, the DOJ’s letter does not dispute that the Departmentof State made contact with Carrie Twomey, Mr. McIntyre’s wife regarding her family’s
security. In fact, at Paragraph 9 of the Affidavit of Carrie Twomey (Appendix
A240/A241), Ms. Twomey stated that Boston College had raised the threats against her
family with the U.S. Department of State. The Appellants are ready, willing and able to
provide evidence of those contacts, if the matter is remanded.
Clerk of the Court
April 19, 2012Page 2 of 3
The DOJ’s implicit suggestion that it would have been able to rebut any evidence
that the Appellants would have elicited before the District Court proves only that theproceedings below would have been categorically different if the Appellants had been
permitted to intervene, and that Boston College did not adequately represent the
Appellants’ interests.
Regardless of the outcome of this litigation, the DOJ’s insistence on downgrading
the threats facing the Appellants provides them with cold comfort. Although the DOJ
was unable to identify, on the record, police reports regarding threats to Mr. McIntyre
and his family, the IRA factions are unlikely to telegraph advance notice of their plans forretaliation. Moreover, as is evident from the final sentence of the DOJ’s letter, the
Government takes the remarkable position that, even if harm to the Appellants and theirfamilies is assured, the Appellants nevertheless lack sufficient interest to be heard in
opposition to the subpoenas.
The Honorable Court—and clearly not the DOJ or Boston College—now
represents the Appellants’ best hope to assure their safety.
Respectfully,
DORNAN & ASSOCIATES PLLC
By: /s/Eamonn Dornan
EAMONN DORNAN, ESQ
1040 Jackson Avenue, Suite 3BLong Island City, New York 10017Tel: (718) 707-9997
Fax: (718) 228-5940
LAW OFFICES OF JAMES J.
COTTER, III MA BBO 101620
By: /s/James J. Cotter, III
JAMES J. COTTER, III
(MA BBO 101620)
Post Office Box 270
N. Quincy, MA 02171
Tel. 617 899-0549
Fax 617 984-5858
Attorneys for Appellants
Ed Moloney and Anthony McIntyre
Clerk of the Court
April 19, 2012Page 3 of 3
cc: Barbara Healy Smith
Assistant U.S. AttorneyOffice of the United States Attorney
District of Massachusetts
John Joseph Moakley United States Courthouse
1 Courthouse Way, Suite 9200
Boston, Massachusetts 02210
Via electronic mail
