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	<title>
	Comments on: Belfast Project: Pass the Popcorn	</title>
	<atom:link href="https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/feed/" rel="self" type="application/rss+xml" />
	<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/</link>
	<description>The Blog of International Judicial Assistance</description>
	<lastBuildDate>Wed, 21 May 2014 16:37:08 +0000</lastBuildDate>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1901</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Wed, 21 May 2014 16:37:08 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1901</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1900&quot;&gt;Bridget Kearney&lt;/a&gt;.

Yes, I saw the news. I&#039;m in The Hague this week but will try to write on this tonight. With the jet lag I&#039;m up till three anyways.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1900">Bridget Kearney</a>.</p>
<p>Yes, I saw the news. I&#8217;m in The Hague this week but will try to write on this tonight. With the jet lag I&#8217;m up till three anyways.</p>
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		<title>
		By: Bridget Kearney		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1900</link>

		<dc:creator><![CDATA[Bridget Kearney]]></dc:creator>
		<pubDate>Wed, 21 May 2014 15:33:22 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1900</guid>

					<description><![CDATA[Well let&#039;s hope the popcorn comes with free refills.   Breaking news that NBC has requested all materials handed over to the PSNI.  No idea if the law they are quoting applies to this case and also see today that Ed Moloney is saying maybe no big deal as Judge does not have the material.   Would be interested to see your legal opinion on this Ted.   http://thebrokenelbow.com/2014/05/20/breaking-news-nbc-news-seeks-subpoenaed-interviews-from-boston-court/

PS - your welcome Joel!]]></description>
			<content:encoded><![CDATA[<p>Well let&#8217;s hope the popcorn comes with free refills.   Breaking news that NBC has requested all materials handed over to the PSNI.  No idea if the law they are quoting applies to this case and also see today that Ed Moloney is saying maybe no big deal as Judge does not have the material.   Would be interested to see your legal opinion on this Ted.   <a href="http://thebrokenelbow.com/2014/05/20/breaking-news-nbc-news-seeks-subpoenaed-interviews-from-boston-court/" rel="nofollow ugc">http://thebrokenelbow.com/2014/05/20/breaking-news-nbc-news-seeks-subpoenaed-interviews-from-boston-court/</a></p>
<p>PS &#8211; your welcome Joel!</p>
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		<title>
		By: Joel Furlong		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1899</link>

		<dc:creator><![CDATA[Joel Furlong]]></dc:creator>
		<pubDate>Wed, 21 May 2014 13:12:35 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1899</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1898&quot;&gt;Joel Furlong&lt;/a&gt;.

(And, forgot to write, thank you Bridget.)]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1898">Joel Furlong</a>.</p>
<p>(And, forgot to write, thank you Bridget.)</p>
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		<title>
		By: Joel Furlong		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1898</link>

		<dc:creator><![CDATA[Joel Furlong]]></dc:creator>
		<pubDate>Wed, 21 May 2014 12:20:50 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1898</guid>

					<description><![CDATA[(Thanks Ted)

Not clarified as yet, then. Who knows?

On the additional point, O&#039;Rawe, like Anthony McIntyre, supports the peace, but not necessarily the process. His name was bandied about by Ed Moloney in the Irish Times yesterday, responded to by Danny Morrison today:
http://www.irishtimes.com/debate/letters/boston-history-project-1.1802795 (link to Moloney in Morrison)]]></description>
			<content:encoded><![CDATA[<p>(Thanks Ted)</p>
<p>Not clarified as yet, then. Who knows?</p>
<p>On the additional point, O&#8217;Rawe, like Anthony McIntyre, supports the peace, but not necessarily the process. His name was bandied about by Ed Moloney in the Irish Times yesterday, responded to by Danny Morrison today:<br />
<a href="http://www.irishtimes.com/debate/letters/boston-history-project-1.1802795" rel="nofollow ugc">http://www.irishtimes.com/debate/letters/boston-history-project-1.1802795</a> (link to Moloney in Morrison)</p>
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		By: Bridget Kearney		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1897</link>

		<dc:creator><![CDATA[Bridget Kearney]]></dc:creator>
		<pubDate>Tue, 20 May 2014 04:02:15 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1897</guid>

					<description><![CDATA[Joel, my understanding is Richard O&#039;Rawe confirmed his participation in the project some time ago.   Also Anthony McIntyre cited him as an example of a participant that supported the peace process fairly recently.    The bigger question I had was how he (O&#039;Rawe) knew the police had at least some of his account in their possession.  The only explanation I have seen is that perhaps he requested (through his attorney)  his tapes back from BC and was told that some were released to the PSNI, which is certainly plausible.     Though if he did not mention Jean McConville case it raises the question as to what exactly the subpoena(s) requested as to the best of my knowledge the first one at least was sealed.]]></description>
			<content:encoded><![CDATA[<p>Joel, my understanding is Richard O&#8217;Rawe confirmed his participation in the project some time ago.   Also Anthony McIntyre cited him as an example of a participant that supported the peace process fairly recently.    The bigger question I had was how he (O&#8217;Rawe) knew the police had at least some of his account in their possession.  The only explanation I have seen is that perhaps he requested (through his attorney)  his tapes back from BC and was told that some were released to the PSNI, which is certainly plausible.     Though if he did not mention Jean McConville case it raises the question as to what exactly the subpoena(s) requested as to the best of my knowledge the first one at least was sealed.</p>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1896</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Mon, 19 May 2014 17:18:55 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1896</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1895&quot;&gt;Joel Furlong&lt;/a&gt;.

Joel, thanks for your patience. In order to prevent spam, I manually approve each commenter&#039;s first comment, which can take a while depending on my schedule. Once you&#039;ve had a comment approved, you can publish comments without waiting for moderation, assuming you use the same email address.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1895">Joel Furlong</a>.</p>
<p>Joel, thanks for your patience. In order to prevent spam, I manually approve each commenter&#8217;s first comment, which can take a while depending on my schedule. Once you&#8217;ve had a comment approved, you can publish comments without waiting for moderation, assuming you use the same email address.</p>
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		<title>
		By: Joel Furlong		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1895</link>

		<dc:creator><![CDATA[Joel Furlong]]></dc:creator>
		<pubDate>Mon, 19 May 2014 15:59:51 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1895</guid>

					<description><![CDATA[Thanks for all the consideration. Any chance of publication?]]></description>
			<content:encoded><![CDATA[<p>Thanks for all the consideration. Any chance of publication?</p>
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		<title>
		By: Joel Furlong		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1894</link>

		<dc:creator><![CDATA[Joel Furlong]]></dc:creator>
		<pubDate>Mon, 19 May 2014 13:31:28 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1894</guid>

					<description><![CDATA[Would Mr O&#039;Rawe consider suing Ed Moloney for misrepresenting limitations on confidentiality regarding O&#039;Rawe&#039;s testimony? Did Moloney, as archive interviews director, receive a contract stating that confidentiality was limited to the extent that US law permitted, information not transmitted in personal contracts to participants (for whatever reason)?

Perhaps Mr Moloney&#039;s potential liability is included (implicitly?) in Mr O&#039;Rawe&#039;s suit. 

Also, how did Mr O&#039;Rawe&#039;s participation become public knowledge? We know of the participation of two deceased interviewees, Brendan Hughes and Dolores Price, due to Ed Moloney including some Hughes testimony in his book, Voices from the Grave, and because Price gave an interview to a Belfast newspaper, followed by Moloney taping her and putting that testimony in the Boston College archive. The PSNI presumably asked for and received that Price interview. 

How did O&#039;Rawe come into the pubic domain in this context? Is it because Mr O&#039;Rawe&#039;s &quot;solicitor Kevin Winters said the university had handed over a recording of Mr O&#039;Rawe which did not discuss Mrs [Jean] McConville&quot; (quote from report linked above). Is Mr O&#039;Rawe therefore a self-declared participant in the project?

Was O&#039;Rawe&#039;s testimony used by the PSNI in the attempt to gather information with which to charge Gerry Adams with IRA membership? Will a Belfast court construe Mr Rawe&#039;s recorded memory of violent events, construed as criminal behavior by the British state, as information it was his legal duty to divulge in the first place? 

A mess, getting messier.]]></description>
			<content:encoded><![CDATA[<p>Would Mr O&#8217;Rawe consider suing Ed Moloney for misrepresenting limitations on confidentiality regarding O&#8217;Rawe&#8217;s testimony? Did Moloney, as archive interviews director, receive a contract stating that confidentiality was limited to the extent that US law permitted, information not transmitted in personal contracts to participants (for whatever reason)?</p>
<p>Perhaps Mr Moloney&#8217;s potential liability is included (implicitly?) in Mr O&#8217;Rawe&#8217;s suit. </p>
<p>Also, how did Mr O&#8217;Rawe&#8217;s participation become public knowledge? We know of the participation of two deceased interviewees, Brendan Hughes and Dolores Price, due to Ed Moloney including some Hughes testimony in his book, Voices from the Grave, and because Price gave an interview to a Belfast newspaper, followed by Moloney taping her and putting that testimony in the Boston College archive. The PSNI presumably asked for and received that Price interview. </p>
<p>How did O&#8217;Rawe come into the pubic domain in this context? Is it because Mr O&#8217;Rawe&#8217;s &#8220;solicitor Kevin Winters said the university had handed over a recording of Mr O&#8217;Rawe which did not discuss Mrs [Jean] McConville&#8221; (quote from report linked above). Is Mr O&#8217;Rawe therefore a self-declared participant in the project?</p>
<p>Was O&#8217;Rawe&#8217;s testimony used by the PSNI in the attempt to gather information with which to charge Gerry Adams with IRA membership? Will a Belfast court construe Mr Rawe&#8217;s recorded memory of violent events, construed as criminal behavior by the British state, as information it was his legal duty to divulge in the first place? </p>
<p>A mess, getting messier.</p>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1893</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Wed, 14 May 2014 22:59:30 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1893</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1892&quot;&gt;Chris Bray&lt;/a&gt;.

Well, I guess we&#039;ll see!]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1892">Chris Bray</a>.</p>
<p>Well, I guess we&#8217;ll see!</p>
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		<title>
		By: Chris Bray		</title>
		<link>https://lettersblogatory.com/2014/05/14/belfast-project-pass-popcorn/#comment-1892</link>

		<dc:creator><![CDATA[Chris Bray]]></dc:creator>
		<pubDate>Wed, 14 May 2014 21:45:20 +0000</pubDate>
		<guid isPermaLink="false">http://lettersblogatory.com/?p=18125#comment-1892</guid>

					<description><![CDATA[He signed his contract in Belfast, and was interviewed in Belfast, so that&#039;s where he had his relationship with Boston College. Jurisdiction doesn&#039;t seem like a problem.

As &lt;a href=&quot;http://chronicle.com/article/Secrets-From-Belfast/144059/&quot; rel=&quot;nofollow ugc&quot;&gt;this story&lt;/a&gt; says, BC agreed in writing to set up an oversight committee to manage the collection of interviews, but never did. That seems like clear negligence. As does this, from the same story:

&quot;Even so, the contracts with interviewees made no mention of legal limits on confidentiality. &#039;I am working on the wording of the contract to be signed by the interview[ee], and I’ll run this by Tom [Hachey] and university counsel,&#039; Mr. O’Neill wrote to Mr. Moloney in early 2001, the day the journalist signed on as project director. Mr. O’Neill never did check with a lawyer about the wording.&quot;]]></description>
			<content:encoded><![CDATA[<p>He signed his contract in Belfast, and was interviewed in Belfast, so that&#8217;s where he had his relationship with Boston College. Jurisdiction doesn&#8217;t seem like a problem.</p>
<p>As <a href="http://chronicle.com/article/Secrets-From-Belfast/144059/" rel="nofollow ugc">this story</a> says, BC agreed in writing to set up an oversight committee to manage the collection of interviews, but never did. That seems like clear negligence. As does this, from the same story:</p>
<p>&#8220;Even so, the contracts with interviewees made no mention of legal limits on confidentiality. &#8216;I am working on the wording of the contract to be signed by the interview[ee], and I’ll run this by Tom [Hachey] and university counsel,&#8217; Mr. O’Neill wrote to Mr. Moloney in early 2001, the day the journalist signed on as project director. Mr. O’Neill never did check with a lawyer about the wording.&#8221;</p>
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