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The First Circuit’s Belfast Project Decision: Analysis
The First Circuit has rejected the appeal of Ed Moloney and Anthony McIntyre against an order requiring BC to turn over to the government oral histories taken from participants in the Troubles. This post gives some of the background and summarizes the main points of the decision. Some background Because it’s been a while since……
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BREAKING: First Circuit Rejects Moloney & McIntyre’s Challenges in the Belfast Project Case
This just in: the Court of Appeals for the First Circuit has affirmed the District Court’s decisions in the Belfast Project case. Barring a request for rehearing or en banc review or a petition to the Supreme Court, this clears the way for the government to enforce the subpoenas issued in the case and to……
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A New Front in the Belfast Project Case
H/T to Chris Bray for bringing to light Anthony McIntyre’s application for relief to the High Court in Belfast in the Belfast Project case. I haven’t written about the case in a while—those who want the background can refer to my archive of Belfast Project posts. The application seeks judicial review of the UK authorities’……
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BC Files Its Brief
An update from the now somewhat dormant Belfast Project case: here is Boston College’s appellate brief. In a way, this brief is a better read than Moloney & McIntyre’s, because it doesn’t have to deal with any of the underbrush in their case: standing, claims of a private right of action under the MLAT, all……
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Unusual Exchange of Letters in the Belfast Project Case
H/T to Chris Bray for noting the unusual exchange of letters in the Belfast Project case. The government submitted a letter to the panel arguing that the lawyer for Moloney & McIntyre had argued facts not in the record at oral argument. There was little question that the plaintiffs’ lawyer did stray from the record,……