1

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF MASSACHUSETTS

IN RE: Request from the United Kingdom )
Pursuant to the Treaty Between the )
Government of the United States of )
America and the Government of ) M.B.D. No. 11 mc 91078-WGY
the United Kingdom on Mutual )
Assistance in Criminal Matters in )
the Matter of Dolours Price )

Government=s Response to the Request of NBC News

The United States of America, by and through Assistant U. S. Attorney J ohn T. McNeil,
respectfully submits this response to the letter submitted by NBC News dated May 6, 2014.
[D.80]. The government has no objection to the unsealing of D.10 (7/5/11)
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, D.28 (10/3/11), and
D.36 (12/27/11). In addition, the government does not object to the unsealing of the sealed
sidebar transcript from the hearing on February 1, 2012, except that the names of those persons
identified during that sidebar conference should remain under seal. [Sealed Tr. 2/1/12 at pg. 15].
The government opposes the unsealing of D.15 (8/25/11), as it contains interview materials and
other documents which were produced by Boston College in response to the MLAT subpoenas but
are not otherwise publicly available.
The government also opposes the unsealing of certain pleadings filed by the United States
which outline the nature and scope of the investigation which gave rise to the MLAT subpoenas.
2

That investigation, which involves credible allegations of murder and kidnapping, is ongoing.
The release of those pleadings at this time could jeopardize the ongoing investigation, and could
unfairly impair the reputation of individuals identified in those pleadings as witnesses or suspects.

1
There appear to be two documents entered as Docket Number 10 in this matter. The first is a filing under seal by the
government on J uly 5, 2011, to which the government refers in this response. The second is a pleading filed by
Boston College on J uly 15, 2011, which is not under seal.
2
The pleadings which should remain under seal are identified in a separate supplemental sealed filing.
Case 1:11-mc-91078-WGY Document 84 Filed 06/02/14 Page 1 of 2
2

Moreover, the release of sensitive foreign law enforcement information submitted to the Central
Authority of the United States under a mutual legal assistance treaty could inhibit the United States
governments ability to obtain reciprocal investigatory assistance from our treaty partners in future
matters. See generally US-UK MLAT at Article 7, 1 (Confidentiality and Limitations on Use).
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In order to ensure that pleadings do not remain under seal for a period longer than
necessary, the government will submit a status report to the Court in no more than six months. In
that status report, the government will apprise the Court whether there is an ongoing need to keep
the pleadings under seal. That status report will be filed on or before December 2, 2014.
Respectfully submitted,

CARMEN M. ORTIZ
UNITED STATES ATTORNEY

Date: J une 2, 2014 By: s/ John T. McNeil
J ohn T. McNeil
Assistant United States Attorney



CERTIFICATE OF SERVICE

I hereby certify that this document filed through the ECF system will be sent electronically
to the registered participants as identified on the Notice of Electronic Filing (NEF).

s/ John T. McNeil
J ohn T. McNeil
Assistant United States Attorney


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The US-UK MLAT is formally known as the Treaty Between the Government of the United States of America and
the Government of the United Kingdom and Northern Ireland on Mutual Legal Assistance in Criminal Matters, signed
at Washington, D.C., on J anuary 6, 1994 (the A1994 Treaty@), S. Treaty Doc. 104-2, as amended by the Instrument as
contemplated by Article 3(2) of the Agreement on Mutual Legal Assistance between the United States of America and
the European Union signed 25 J une 2003, as to the application of the Treaty between the Government of the United
States of America and the Government of the United Kingdom of Great Britain and Northern Ireland on Mutual Legal
Assistance in Criminal Matters signed 6 J anuary 2004, signed at London on December 16, 2004 (the A2004
Instrument@), S. Treaty Doc. No. 109-13. The Annex to the 2004 Instrument reflects the integrated text of the
provisions of the 1994 Treaty and the Agreement on Mutual Legal Assistance between the United States of America
and the European Union, signed J une 25, 2003.
Case 1:11-mc-91078-WGY Document 84 Filed 06/02/14 Page 2 of 2
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
`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
Dolours Price
UNITED STATES OF AMERICA,
Petitioner,
v.
TRUSTEES OF BOSTON COLLEGE, et al.,
Movants,
ED MOLONEY and ANTHONY McINTYRE,
Applicants for Intervention
M.B.D. No. 11-MC-91078
RESPONSE OF BOSTON COLLEGE TO REQUEST BY NBC NEWS
TO UNSEAL ALL DOCUMENTS IN THE ABOVE-ENTITLED CASE
On May 20, 2014, a letter dated May 6, 2014, from NBC News to the Court was entered
on the docket in this matter. That letter is not a motion, was not signed by a lawyer admitted to
practice before this Court, and the Trustees of Boston College (Boston College) were not served
with the letter but only became aware of it when counsel received notice that it had been entered
on the docket.
Because the Court has indicated that it will entertain the letter request from NBC News,
Boston College submits this response.
Boston College would object to the unsealing of any materials (audio recordings, paper
transcripts, or computer files) that contain the substance of any interview given to the Belfast
Project by any living Belfast Project interviewee, and of any information that discloses, or could
Case 1:11-mc-91078-WGY Document 85 Filed 06/02/14 Page 1 of 4
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lead to the disclosure of, the identity of any living Belfast Project interviewee, unless that
interviewee expressly consented to the unsealing. But to the knowledge of Boston College, no
such materials or information are in the record of these proceedings in the District Court.
In response to the District Courts Order dated December 16, 2011, Boston College
submitted for the District Courts in camera review paper copies of transcripts of Belfast Project
interviews with individuals formerly associated with the Irish Republican Army. Those copies
of the transcripts were ordered transferred to the First Circuit Court of Appeals when the appeal
in this matter was before that Court. After the proceedings in this matter concluded, the First
Circuit sent the copies of the transcripts back to the District Court and they were returned to
counsel for Boston College. The copies were thereupon securely destroyed.
The original materials (tapes, transcripts, etc.) of the eleven interviews with seven
interviewees that the First Circuit Court of Appeals ordered produced to the Commissioner in its
judgment dated May 31, 2013, were delivered to the United States Attorneys Office. They are
not, to the knowledge of Boston College, part of the record in the District Court.
Boston College infers, from the omitted numbers on the docket in this case, that a number
of filings made by the Government in the District Court were made not only under seal but also
ex parte (D. 1 to D. 3, D. 8, D. 11, D. 16, D. 28, D. 29, D. 36, D. 49 to D. 51, D. 55, D. 59,
D. 60, and D. 65). As a result, Boston College has no information about the contents of those
filings, and takes no position on whether they should be unsealed.
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One filing made by the Government under seal was disclosed to Boston College (D. 15).
That filing includes (as Exs. 2-4) certain materials produced by Boston College in response to the
Governments first subpoenas. Boston College requests that those materials remain under seal.
1
The NBC News request notes, on page 2, that the public could not attend the initial hearing due to the Courts
sealing order. If there were hearings on the Governments applications for the subpoenas or to seal those and other
portions of the Governments filings, Boston College was not aware of and did not attend them, either.
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The Governments subpoenas were issued pursuant to the Treaty Between the Government of the
United States of America and the Government of the United Kingdom of Great Britain and
Northern Ireland on Mutual Legal Assistance in Criminal Matters (the US-UK MLAT). Art. 7 of
the US-UK MLAT, entitled Confidentiality and Limitations on Use, limits the use of materials
produced in response to a US-UK MLAT subpoena, and does not provide for their public
release.
The only other portions of the record in the District Court that are presently under seal
and of which Boston College knows the contents are the sealed transcripts of two brief sidebar
conferences during a hearing in this matter on February 1, 2012 (D. 54). Nothing in those sealed
transcripts discloses the substance of any interview given to the Belfast Project or any
information that discloses, or could lead to the disclosure of, the identity of any Belfast Project
interviewee.
2
As a result, Boston College has no objection to the unsealing of the transcripts of
those sidebar conferences.
Conclusion
Boston College would object to the unsealing of any materials that contain the substance
of any interview given to the Belfast Project by any living Belfast Project interviewee and of any
information that discloses, or could lead to the disclosure of, the identity of any living Belfast
Project interviewee. But there are no such materials to the knowledge of Boston College in the
record of the proceedings in this matter in the District Court.
Boston College takes no position on the unsealing of materials that were filed by the
Government under seal and ex parte.
2
During the sidebar colloquy, the Court stated that it did not have the identities of the interviewees whose
transcripts were reviewed in camera. No interviewees identity was disclosed in that colloquy.
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Boston College requests that Exs. 2, 3, and 4 in the Governments filing docketed as
D. 15, which are responses of Boston College to the subpoenas issued pursuant to the US-UK
MLAT, remain sealed in conformity with the terms of that treaty.
Boston College has no objection to the unsealing of the transcripts of the sidebar
conferences at the February 1, 2012, hearing in this matter (D. 54).
By its attorney,
/s/ Jeffrey Swope
Jeffrey Swope (BBO# 490760)
EDWARDS WILDMAN PALMER LLP
111 Huntington Avenue
Boston, Massachusetts 02199-7613
(617) 239-0100
jswope@edwardswildman.com
Dated: June 2, 2014
CERTIFICATE OF SERVICE
I hereby certify that this document filed through the ECF system will be sent
electronically to the registered participants as identified on the Notice of
Electronic Filing (NEF) on June 2, 2014.
/s/ Jeffrey Swope
Case 1:11-mc-91078-WGY Document 85 Filed 06/02/14 Page 4 of 4