The Court of Appeals for the First Circuit has denied the motion of Anthony McIntyre and Ed Moloney to stay the issuance of the mandate. Moloney & McIntyre’s motion followed their defeat in an appeal aimed at reversing the District Court’s order requiring Boston College to turn over some of the Belfast Project interview materials to the UK authorities. The way is now clear for the clerk to issue the mandate to the District Court, which will, in effect, permit the government to proceed, at least as to those materials whose turnover Boston College is not itself presently appealing. In effect, the First Circuit has authorized the government to turn over the Dolours Price interviews.
The First Circuit did, however, grant a temporary stay through October 1 to permit Moloney & McIntyre to seek a stay in the Supreme Court. And McIntyre’s efforts to obtain relief from the High Court in Belfast are still underway.
Judge Lynch’s brief order does not give the grounds for the court’s decision, other than to say that Moloney & McIntyre’s motion for a stay had failed to “meet the applicable criteria.” Either the court concluded that there was no reasonable probability that the Supreme Court would grant a petition for a writ of certiorari and reverse or it concluded that there was no good cause for a stay, or both.
On to the Supreme Court!