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IRISH FREEDOM COMMITTEE® NEWSLIST
www.irishfreedomcommittee.net
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Subject: Irish POW's message to International Symposium on Isolation, Florence Italy
Date: Tuesday December 30, 2003

The following is a message of solidarity issued by the Officer Commanding IRA prisoners, Maghaberry gaol and delivered by Irish republican prisoners’ rights delegate Marian Price, at the recent International Symposium on Isolation in Florence, Italy (19-21 Dec).
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A message of solidarity from the Republican prisoners of war, Maghaberry gaol, Ireland.

The republican prisoners incarcerated here in Maghaberry prison send Christmas and new year greetings and also solidarity to all gathered, and to all revolutionary prisoners and combatants represented by the attending delegates.

As always our deepest thoughts are with those political prisoners currently involved in campaigns or protests for human rights. In particular we pay tribute to our DHKC comrades who have died recently in the death fasts in Turkish jails. Their tragic example of self-sacrifice has captured the minds of other revolutionary activists throughout the world. On behalf of the Irish republican prisoners and combatants we want tell you that you have gained our lasting admiration. As we mourn your loss we pledge resistance to the fascist machine that has murdered and continues to murder so many of you.

We would also like to pay tribute to the many civilian activists internationally, who have campaigned on our behalf in recent years. The past year has been one of struggle for Irish republican prisoners in British gaols. Since 1998 the British Government have insisted on treating Irish republicans as criminals and have forced us to live along side members of various right-wing pro-British death squads and hostile criminals. Vastly outnumbered and separated from each other we had become victims of countless brutal physical assaults and murder attempts. Our situation came to resemble earlier struggles and was clearly intolerable.

Following three years of demanding our right to be segregated in our own living quarters, negotiations and peaceful protest had come to nothing. At the beginning of July 2003 we began a no wash protest which succeeded in bringing chaos to the entire prison. In the full knowledge that we were only willing to live in our own excrement for so long, and that we were preparing for a hunger strike, the British government conceded. Republican prisoners know have their own wing, separate from pro British paramilitaries and criminals. The British authorities are as determined as ever to crush our spirits but they are losing the battle as our morale is as high as it has ever been.

The nine weeks that we spent on the dirty protest has won for us the ability to remain active politically, albeit behind bars. Our time is spent in political discussion and debate on strategy and ideology. Real Republicans see this conference today as a change to invite correspondence and unity from other anti-imperialist, revolutionary and socialist activists and prisoners throughout the world. The nature of imperialism and capitalism is international and crosses national borders, so too should the nature of our resistance.

If our resistance, comrades, is as to be as global as their economy, we must use events such as this conference to forge links. Political prisoners have ample time to maintain contact offering advice, support and encouragement to our respective struggles.

Once again we pay tribute to our comrades’ world wide and we wish them 
success in future campaigns. We hope that this conference is a success and can be utilized in full to the benefit of all involved.
We salute you Comrades!

Is mise le meas
Republican prisoners,
Maghaberry gaol.

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WRITE TO IRISH POLITICAL PRISONERS
www.irishfreedomcommittee.net - click on “POWs”
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© The Irish Freedom Committee® NewsList - IFC Updates

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IRISH FREEDOM COMMITTEE® NEWSLIST 
www.irishfreedomcommittee.net 
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Subject: With A Whisper, Not A Bang - Sweeping new powers for FBI 
Date: Monday December 29, 2003 

Bush signs parts of Patriot Act II into law - stealthily 

----------------------------------- 
San Antonio Current 
12/24/2003 


With A Whisper, Not A Bang 
By David Martin 

On December 13, when U.S. forces captured Saddam Hussein, President George W. Bush not only celebrated with his national security team, but also pulled out his pen and signed into law a bill that grants the FBI sweeping new powers. A White House spokesperson explained the curious timing of the signing - on a Saturday - as "the President signs bills seven days a week." But the last time Bush signed a bill into law on a Saturday happened 
more than a year ago - on a spending bill that the President needed to sign, to prevent shuttng down the federal government the following Monday. 

By signing the bill on the day of Hussein's capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote. Consequently, while most Americans watched as Hussein was probed for head lice, few were aware that the FBI had just obtained the power to probe their financial records, even if the feds don't suspect their involvement in crime or terrorism. 

By signing the bill on the day of Hussein's capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote. 

The Bush Administration and its Congressional allies tucked away these new executive powers in the Intelligence Authorization Act for Fiscal Year 2004, a legislative behemoth that funds all the intelligence activities of the federal government. The Act included a simple, yet insidious, redefinition of "financial institution," which previously referred to banks, but now includes stockbrokers, car dealerships, casinos, credit card companies, insurance 
agencies, jewelers, airlines, the U.S. Post Office, and any other business "whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters." 

Congress passed the legislation around Thanksgiving. Except for U.S. Representative Charlie Gonzalez, all San Antonio's House members voted for the act. The Senate passed it with a voice vote to avoid individual accountability. While broadening the definition of "financial institution," the Bush administration is ramping up provisions within the 2001 USA Patriot Act, which granted the FBI the authority to obtain client records from banks by merely 
requesting the records in a "National Security Letter." To get the records, the FBI doesn't have to appear before a judge, nor demonstrate "probable cause" - reason to believe that the targeted client is involved in criminal or terrorist activity. Moreover, the National Security Letters are attached with a gag order, preventing any financial institution from informing its clients that their records have been surrendered to the FBI. If a financial institution breaches the gag order, it faces criminal penalties. And finally, the FBI will no longer be required to report to Congress how often they have used the National Security Letters. 

Supporters of expanding the Patriot Act claim that the new law is necessary to prevent future terrorist attacks on the U.S. The FBI needs these new powers to be "expeditious and efficient" in its response to these new threats. Robert Summers, professor of international law and director of the new Center for Terrorism Law at St. Mary's University, explains, "We don't go to war with the terrorists as we went to war with the Germans or the North Vietnamese. If we apply old methods of following the money, we will not be successful. We need to meet them on an even playing field to avoid another disaster." 

"It's a problem that some of these riders that are added on may not receive the scrutiny that we would like to see." 
- Robert Summers
 

Opponents of the PATRIOT Act and its expansion claim that safeguards like judicial oversight and the Fourth Amendment, which prohibits unreasonable search and seizure, are essential to prevent abuses of power. "There's a reason these protections were put into place," says Chip Berlet, senior analyst at Political Research Associates, and a historian of U.S. political repression. "It has been shown that if you give [these agencies] this power they will 
abuse it. For any investigative agency, once you tell them that they must make sure that they protect the country from subversives, it inevitably gets translated into a program to silence dissent." 

Opponents claim the FBI already has all the tools to stop crime and terrorism. Moreover, explains Patrick Filyk, an attorney and vice president of the local chapter of the ACLU, "The only thing the act accomplishes is the removal of judicial oversight and the transfer of more power to law enforcements agents." 

This broadening of the Patriot Act represents a political victory for the Bush Administration's stealth legislative strategy to increase executive power. Last February, shortly before Bush launched the war on Iraq, the Center for Public Integrity obtained a draft of a comprehensive expansion of the Patriot Act, nicknamed Patriot Act II, written by Attorney General John Ashcroft's staff. Again, the timing was suspicious; it appeared that the Bush Administration was waiting for the start of the Iraq war to introduce Patriot Act II, and then exploit the crisis to ram it through Congress with little public debate. 

The leak and ensuing public backlash frustrated the Bush administration's strategy, so Ashcroft and Co. disassembled Patriot Act II, then reassembled its parts into other legislation. By attaching the redefinition of "financial institution" to an Intelligence Authorization Act, the Bush Administration and its 
Congressional allies avoided public hearings and floor debates for the expansion of the Patriot Act. 

Even proponents of this expansion have expressed concern about these legislative tactics. "It's a problem that some of these riders that are added on may not receive the scrutiny that we would like to see," says St. Mary's Professor Robert Summers. 

The Bush Administration has yet to answer pivotal questions about its latest constitutional coup: If these new executive powers are necessary to protect United States citizens, then why would the legislation not withstand the test of public debate? If the new act's provisions are in the public interest, why use stealth in ramming them through the legislative process? . 

©San Antonio Current 2003 

http://www.sacurrent.com/site/news.cfm?newsid=10705756&BRD=2318&PAG=461&dept_id=482778&rfi=6 

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CONTACT YOUR U.S. CONGRESSPERSON 
BLOCK THE US/UK EXTRADITION TREATY 

More HERE 
http://members.freespeech.org/irishpows/bb3/extradition_treaty_ACTION.htm 

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© The Irish Freedom Committee® NewsList - IFC Updates 

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IRISH FREEDOM COMMITTEE® NEWSLIST
www.irishfreedomcommittee.net
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Subject: New prisoner transfers to be challenged
Date: Monday, December 29, 2003

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http://www.belfasttelegraph.co.uk/news/story.jsp?story=476768

Belfast Telegraph
29 December 2003

Prisoners Transfer May Face Challenge
By Michael McHugh

New law may face court test on rights

PROPOSED powers allowing the Secretary of State to order the transfer of a prisoner to an institution in England or Wales could be challenged in court under European human rights legislation, a campaigning lawyer said today.

Jane Winter, from British/Irish Rights Watch, was speaking after it emerged that the Justice (NI) Bill will give the Secretary of State new powers to move convicted or unconvicted remand prisoners from Northern Ireland to England or Wales to maintain "security or good order".

In the past, troublesome prisoners whom the authorities believed could engineer discontent have been isolated in a separate wing of prison, like former UDA C Company chief Johnny Adair. 

Ms Winter said the prison administration should be able to deal with potentially damaging situations without removing a prisoner from the jurisdiction and creating difficulty with family contact.

"I can foresee a challenge to this through the courts if this measure goes ahead. Article 8 of the European Human Rights Act protects the right to family life," she said.

"When somebody is sent to prison by the courts it is not only the person who does the sentence, it is their family who will find it much harder to stay in contact.

"Quite often IRA prisoners who were convicted in England and served their time in English prisons lost touch with family members.

"You also had situations where aged relatives were not able to travel to see the prisoners and were deprived of any contact with them at the end of their lives."

The Bill received its first reading in the House of Commons on December 4 and should become law during this parliamentary session.

Most of its provisions were agreed in the Hillsbrough negotiations earlier this year, but measures to tighten bail conditions and prison transfers were not contained in the Joint Declaration which emerged from those government discussions.

Ms Winter said the transfer policy would be akin to blaming individual prisoners for a failure by the prison administration to keep order and observed that if the Home Secretary moved prisoners from England to Northern Ireland there would be an outcry.

"It seems to me that moving prisoners elsewhere in the prison is he easier way of dealing with the matter," she added.

"It would be better to adopt that system as it does not prevent prisoners from having family visits and does not move them to a completely foreign environment."

A spokeswoman for the Prison Service said: "This is about making provision for a transfer so that it can happen. Every case will be looked at in an individual basis." 

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WRITE TO IRISH REPUBLICAN POLITICAL PRISONERS
www.irishfreedomcommittee.net - click on ‘POWs’

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© The Irish Freedom Committee® NewsList - IFC Updates

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IRISH FREEDOM COMMITTEE® NEWSLIST
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Subject: ACLU Opposes US/UK Extradition Treaty
Date: Tuesday December 23, 2003

The American Civil Liberties Union has added its name to the roster of organizations opposing the US/UK Extradition Treaty, which was signed under great secrecy by John Ashcroft and David Blunkett on March 31st, 2003.

The Treaty is still before the US Senate for ratification. It is URGENT that you continue to contact your US Senator, particularly if she or he is a member of the Senate Foreign Relations Committee, and persist in urging them to oppose this draconian and anti-American Treaty.

For sample letter/talking points, and contact information for the US Senate and US Senate Foreign Relations Committee members, go here:
http://members.freespeech.org/irishpows/bb3/extradition_treaty_ACTION.htm


We also urge you to SIGN THE PETITION, if you have not already had the chance, at:
http://www.petitiononline.com/ia_ax/petition.html



The Irish Freedom Committee® 
www.irishfreedomcommittee.net
************************************************

ACLU Opposes British-American Extradition Treaty;
Says Measure Removes Crucial Due Process Protections


FOR IMMEDIATE RELEASE 
Friday, December 19, 2003 


Contact: Shin Inouye 
(202) 675-2312 

WASHINGTON - The American Civil Liberties Union today weighed in against the ratification of a new extradition treaty between the United Kingdom and the United States, saying that the measure contains a number of ill-considered erosions of judicial review and would threaten the due process rights of Americans and others accused of crimes by the British government.

Most troubling, the ACLU said, is the treaty’s evisceration of the judiciary’s role in reviewing whether a defendant would receive a fair trial in the UK and whether an extradition request was prompted by political, rather than criminal, reasons.

“As a beacon of freedom in the world, our courts must retain the ability to deny requests for the extradition of political figures targeted because of dissent against their home government,” said Timothy Edgar, an ACLU Legislative Counsel. “Unfortunately, this extradition treaty vests that authority in the Justice Department, not an objective judiciary that can ensure the United States renders up terrorists and criminals, not dissidents”.

The new treaty was signed by Attorney General John Ashcroft and British Home Secretary David Blunkett on March 31, 2003 and now must be 
considered by the U.S. Senate before it could take effect. Attorney General Ashcroft announced at the signing ceremony that the new treaty “should serve as a model to the world” and could lead to revising other extradition treaties. The ACLU contends that Senate ratification of this treaty would encourage the administration to pursue extradition treaties with other nations that diminish due process and meaningful judicial review, and urged the Senate to reject ratification.

Specifically, the new treaty eliminates the American judiciary’s role in determining whether an extradition request should be denied on the basis of the political offense exception. This centuries-old exception protects Americans and others from political, religious or other impermissible persecution, and prevents the extradition of individuals who would become political prisoners in their home countries. The exception also safeguards American interests by maintaining neutrality in the political affairs of other countries.

The current extradition treaty with the UK was adopted in 1972, and was amended in 1986. The new change narrows the political offense exception to exclude serious violent crimes, but ensures that the accused will receive a fair trial in the UK. Notably, the original version of the 1986 amended treaty contained the same provision as the measure pending in the Senate 2003, but because of it was unable to initially pass Congressional muster. 

If the new treaty were ratified, an American who opposed British policy - for example, an investigative journalist who wrote of police abuses in Northern Ireland for an Irish American newspaper - could face arrest and extradition without having any ability to challenge, in an American court, whether the criminal charges are really a pretext for the punishment on account of race, religion, nationality or political opinion.

The treaty contains other contentious measures. These include provisions that eliminate the statute of limitations as a defense against extradition, allow for “provisional arrests” and detentions, which can last for as long as sixty days with no formal extradition request providing supporting details -- and for the treaty to be applied retroactively.

“America is not a haven for terrorists and those who use violence against innocent civilians,” Edgar said. “But the elimination of judicial review for these political offense exceptions is unnecessary to ensure that suspected terrorists face extradition, and would unfairly erode due process protections in America.”

The ACLU’s letter on the extradition treaty can be found at:
http://www.aclu.org/ImmigrantsRights/ImmigrantsRights.cfm?ID=14610&c=22 

----- 
Shin Inouye 
Legislative Media Liaison 
ACLU Washington Legislative Office 
tel: 202-675-2312 (Press Line) 
fax: 202-546-0738
Help protect your civil liberties - http://www.aclu.org 

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FOR MORE INFORMATION ON THE US/UK EXTRADITION TREATY AND HOW TO FIGHT IT 
GO HERE:
http://members.freespeech.org/irishpows/bb3/extradition_treaty_ACTION.htm

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© The Irish Freedom Committee® NewsList - IFC Updates

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IRISH FREEDOM COMMITTEE® NEWSLIST
www.irishfreedomcommittee.net
-----------------------------

Subject: Eight in court to face new charges
Date: Saturday December 20, 2003

----------------------

Irish Independent
Thurs. Dec. 18, 2003

Alleged CIRA men in court to face new charges

Eight men arrested when gardaí swooped on a suspected Continuity IRA training camp in Co Waterford last August were further charged with new offences when they appeared at the Special Criminal Court today. 

They are Patrick Deery, aged 52, of Woodhouse, Stradbally, Co Waterford; Joseph Mooney, aged 35, of Ozzier Court, Co Waterford; John O' Halloran, 
aged 33, of Ross Avenue, Mulgrave Street, Limerick; Mark Mc Mahon, aged 35, of Commodore Barry Park, Wexford; Patrick Kelly, aged 36, of Belvedere Grove, Wexford; Brian Galvin, aged 37, of Ardmore Park, Ballybeg, Co Waterford; Thomas Barry, aged 20, of Larchville, Lisduggan, Co Waterford, and Michael Leahy, aged 22, of McCarthyville, Abbeyside, Dungarvan, Co Waterford. 

Today all eight men were charged with taking part in an assembly for the purposes of practicing, training or drilling in the use of firearms at Knockatedaun, Ballymarcarberry, Co Waterford on August 3. 

They were also charged with training other persons in the use of firearms on the same date. 

Deery, Mooney, Kelly, McMahon and O’Halloran were each also charged with the unlawful possession of a rifle on the same date. 

Galvin, Barry and Leahy were also each charged with the unlawful possession of a shotgun on the same date. 

All of the accused, except Barry and Leahy, are already charged with membership of an illegal organisation styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA on August 3. 

The court was told at an earlier hearing that gardaí found four firearms, ammunition , balaclavas and a makeshift firing range when they swooped on a location in the Comeragh mountains after a surveillance operation. 

The court has fixed a date in January 2005 for the trial of the eight men which is expected to last a full legal term. 

All eight men were remanded until January 11, 2005 when their trial is expected to begin.
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IRISH FREEDOM COMMITTEE® NEWSLIST
www.irishfreedomcommittee.net
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Subject: Liam Campbell conviction and sentence overturned
Date: Saturday December 20, 2003

---------------
Irish Independent
Sat. Dec 20, 2003
Real IRA conviction and sentence overturned

Liam Campbell leaving the Court of Criminal Appeal in Dublin yesterday under close security after he had successfully appealed against his conviction and five-year sentence for membership of an unlawful organisation. A retrial was ordered. Picture: Courtpix 

THE COURT of Criminal Appeal yesterday overturned the conviction and five-year sentence of a Co Louth man for membership of the Real IRA. A 
re-trial was ordered. 

In October 2001, Liam Campbell (39), a father of two, of Upper Faughart, Dundalk, became the first member of the Real IRA to be convicted, under 
the 1939 Offences Against the State Act, of membership of an unlawful organisation, styling itself the Irish Republican Army, otherwise Oglaigh na hEireann, otherwise the IRA. 

Campbell was arrested after a garda search of his home and outbuildings on October 3, 2000. He was ultimately charged with IRA membership, which 
he denied. 

He was convicted at the Special Criminal Court and jailed for five years, with the final three months suspended to take account of his time in custody. 

Giving yesterday's judgment allowing Campbell's appeal, Ms Justice Catherine McGuinness said a serious difficulty arose from the cross-examination of Mr Campbell concerning his alleged connection with another man during his period on bail. 

She said Mr Campbell had no notice of this line of cross-examination either in the Book of Evidence or otherwise and the cross-examination was "in the nature of an ambush". 

While the State argued the issue was relevant to Mr Campbell's credibility, it was neither pertinent nor relevant to his guilt or innocence of the offence he was charged with. No evidence had suggested the other man was a member of any dissident Republican organisation.
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IRISH FREEDOM COMMITTEE® NEWSLIST
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Subject: Secret dossiers filed on Irish during Soham investigation
Date: December 20, 2003

Double child murder used as cover to "profile" Britain’s Irish community.

- Soham Irish Files Scandal (The Sun, Dec. 20, 2003)
- Fury over Soham police's secret Irish database (Irish Independent, Dec. 20, 2003)

The Irish Freedom Committee® 
www.irishfreedomcommittee.net
************************************************
http://www.thesun.co.uk/article/0,,2-2003583541,00.html
The Sun
Dec. 20, 2003

Soham Irish Files Scandal
By GARY O'SHEA

Chief Constable Westwood ... claimed force couldn't hold records

COPS who wiped Ian Huntley's sex files from their computers kept secret dossiers on hundreds of other residents - because they were IRISH.

Humberside police ordered officers to open files on Irish people in the area in case they might be terrorists. They even kept records on English-born people of Irish descent.

The revelation comes just days after Chief Constable David Westwood claimed his force was prevented by data protection laws from keeping records of unproven allegations of sex abuse against Huntley.

The pervert, who murdered schoolgirls Holly Wells and Jessica Chapman, got a school caretaker's job despite being probed over a string of rapes and attacks on young girls.

The Irish database was opened as part of an operation to investigate if IRA terrorists were using two ports in the force's area.

In a secret memo in October 2000 officers were told to alert Special Branch when "anyone of Irish origin, descent or background" was arrested, stopped in the street or in a car, or subject to inquiry "for any reason".

Special Branch also wanted to know of anyone with an Irish name seeking accommodation.

Anti-terror officers feared chemical plants in the area might be blown up by republicans.

But Humberside police stopped adding names to the list when Labour MP Kevin McNamara learned of its existence and complained to Home Secretary Jack Straw.

Mr McNamara branded the database "offensive and racist". The force last night refused to say if the list had been erased.
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Irish Independent
Sat. Dec. 20, 2003

Fury over Soham police's secret Irish database 
by Ian Cobain and Dominic Kennedy


THE British police force criticised for its part in the Ian Huntley case kept a secret list of all Irish people in its area, regardless of whether they were suspected of breaking the law. 

Humberside police, under attack for destroying the file on Huntley containing allegations of repeated sex attacks, nevertheless ordered officers to record details of every Irish person they dealt with. 

Names and other personal details were fed into a database compiled by Special Branch officers. Even English people of Irish descent were put on the list. 

The revelation provoked furious criticism of the Humberside force last night and calls for the database to be destroyed. 

There were demands that a Home Office investigation, instigated to establish how Huntley slipped through police vetting checks, should be widened to examine why innocent people with Irish surnames were targeted by the Humberside force. 

The disclosure of the secret database will increase the pressure on David Westwood, Humberside's beleaguered chief constable, to resign. 

Dr Westwood is already fighting for his professional future after a junior Home Office minister dismissed his attempts to blame the failures of his force over Huntley on data protection legislation. 

The database of Irish residents on Humberside was compiled during a campaign codenamed Operation Pre-Empt. It was prompted by Special Branch concerns that the two major ports within the force area could become entry points for republican terrorists. 

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IRISH FREEDOM COMMITTEE® NEWSLIST
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Subject: Defend the Irish Language
Date: Friday December 12, 2003

We apologize for any cross-posting on this issue but we urge you to please sign this petition today. The EU has not recognized the ancient language of the Irish people and the Free State government apparently has no comment on the matter. Please leave yours here:

http://www.petitiononline.com/gaedhilg/petition.html

Go raibh maith agat;


The Irish Freedom Committee® 
www.irishfreedomcommittee.net

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IRISH FREEDOM COMMITTEE® NEWSLIST
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Subject: Republican Prisoner attacked in Young Offenders Center 
Date: December 10, 2003

********Please forward widely********
-------------
SEE ACTION REQUEST BELOW STATEMENT
Or go to:
IFC ACTION REQUEST – Prevent Another Tragedy for Republican Prisoners!

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Loyalists attempted to hang 17 year old Republican prisoner Joseph Barr this weekend at Hydebank Young Offenders Center.
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The Northern Ireland Prisons Service is continuing to house Republicans alongside loyalist death squads.
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The following statement released from Marian Price and Martin Mulholland in Belfast yesterday:

DECEMBER 9, 2003
PRESS RELEASE.

Republican Prisoner attacked in Hydebank YOC.

“A republican prisoner from Strabane was attacked by six loyalist youths on Sunday night past (7th Dec) in Hydebank Young Offenders Centre outside Belfast. 17 Year old Joseph Barr was in his cell when the loyalist youths attempted to hang him; luckily they were disturbed before any serious damage was done.

“(We) have consistently called for James Barr’s transfer to the republican wing in Maghaberry where he will be safe from attack but are told that this is against the European convention of human rights for children because of his age.

“The Northern Ireland Prison Service knows full well the implications of leaving a single republican prisoner surrounded by hostile loyalists and criminals and we call on them to provide security for Joseph Barr until he leaves the institution.

“Joseph Barr turns 18 at the end of December and any procrastination on his transfer will be viewed as a deliberate attempt to endanger his life further.

“(We) are also wary of attempts to move two women prisoners from Maghaberry to Hydebank. The two republican women have stated their intention of staying put and we demand they receive adequate protection and amenities rather than the 23 hour lock up they are currently forced to endure.

“(We) believe that it would be a pity if after a protracted prison struggle has just finished, another is embarked upon for the same basic principals that the government have already conceded.”

- Statement ends.

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IRISH FREEDOM COMMITTEE ACTION REQUEST

Please send an email or letter to the Northern Ireland Prisons Service and the Northern Ireland Office today!!
5 EASY STEPS!

>>>>Or GO HERE for a simple form<<<<

1. Please COPY AND PASTE text below into an email 
2. Place email addresses in your TO bar: press.nio@nics.gov.uk ; info@niprisonservice.gov.uk
3. Add SUBJECT: “Appeal regarding Hydebank YOC and Maghaberry Jail”
4. Add YOUR NAME/CITY/ORGANIZATIONS

---------------- (SAMPLE LETTER) ----------------

To Whom it May Concern;

Please do not allow another needless tragedy to take place at a prison under your jurisdiction. 

I am aware that in the recent past, several Republican prisoners were brutally attacked by gangs of loyalist prisoners at Maghaberry Jail before they were transferred under great public pressure into safe and separate housing areas at Maghaberry’s Lagan House. This action surely averted the preventable deaths of a number of Republican prisoners.

I am now made aware that a youth prisoner who wishes to be transferred to this safe and segregated area at Maghaberry is continuing to be held amongst loyalist death squads at Hydebank Youth Offenders Center. While I am told that this transfer is not allowed under European conventions, I am appealing to the Prisons Service to take immediate steps to ensure that this young man is removed from danger and is housed amongst fellow republican prisoners in safe company, and not as he is currently amongst hostile loyalist youths.

Also I am aware that the Prisons Service now intends to move two Republican remand prisoners away from Maghaberry Prison, against their stated wishes, and into the clearly hostile loyalist atmosphere at Hydebank.

I am appealing to reason that you do not place these two women Republican prisoners into the hostile loyalist atmosphere at Hydebank, but allow them to stay at Maghaberry; and as the Steele Repost has recommended; assure that they as well are housed under safe and non-hostile conditions. I am concerned to learn that these women are still held under 23-hour-a-day lockdown, and that they have not been provided with proper amenities. Also I urge you to consider the transfer of 17-year-old Republican prisoner Joseph Barr to the safe and segregated Republican housing at Maghaberry’s Lagan House as soon as possible.

Thank you for your consideration of my concerns;

(Your name/city here)
**Please also consider listing any civic or cultural organizations which you may belong to below your name.


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Join the Irish Freedom Committee!!
www.irishfreedomcommittee.net
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IRISH FREEDOM COMMITTEE® NEWSLIST
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Subject: Sectarian “Justice” -- Loyalist prisoner to walk free tomorrow?
Date: December 9, 2003

Illustrating once again the enormous discrepancy in the type of “justice” Republican prisoners receive versus loyalists, a leading UDA man who was caught last year with a handgun and 30 rounds of ammunition will likely walk free tomorrow after serving only six months of an already greatly reduced sentence. 

Andre Shoukri has been shown extraordinary leniency throughout his arrest and detention, being bailed home to his family almost immediately after his arrest and given his freedom until his court case was heard. In contrast Republicans are often remanded in prison for up to and beyond two years before sentencing and are effectively interned without trial. 

Shoukri was acquitted of the more serious charges which a republican in similar circumstances would more than certainly have faced, and is now in the process of appealing the lenient and reduced sentence of two years after the additional six-year sentence was thrown out. It is expected that he will be freed tomorrow after spending negligible time in prison for the incident.

While he was at Maghaberry Prison Shoukri issued death threats to Republican prisoners and threatened the lives of any prisoner who assisted Republicans who were on protest for segregation from loyalist death squads. He has previously served two jail terms, one for malicious wounding, and one for extortion. The UDA under his command murdered 19-year old Irish father-of-one Gerard Lawlor. In what it claimed was a "measured military response", loyalists mowed down the young man with five bullets as he walked home from a pub, because he was wearing a Celtic jersey.

More below.


The Irish Freedom Committee® 
www.irishfreedomcommittee.net
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Andersonstown News 
Dec. 8, 2003

UDA Thug Shoukri Likely To Receive Reduced Sentence
by Jarlath Kearney

The UDA's leading member in North Belfast, Andre Shoukri, is scheduled to receive a full judgement tomorrow (Friday) in his Court of Appeal case, the Andersonstown News can reveal.

Shoukri - a notorious loyalist thug - was arrested on September 21, 2002, in possession of a Walther pistol and thirty rounds of ammunition.

After a prolonged period of freedom on bail, Shoukri's trial took place at the end of June and he was sensationally acquitted of intent to endanger life.

Shoukri was, however, found guilty of possessing the gun and ammunition in suspicious circumstances and without a firearms certificate.

He was concurrently sentenced to six years imprisonment on the first count and two years imprisonment on the second count.

In a move that caused outrage in the nationalist community, Shoukri's appeal against both convictions was 'fast-tracked' and began on September 21 - just ten weeks after his conviction.

This meant that Shoukri was arrested, charged, remanded, bailed, convicted and had his appeal begun, all within twelve months of his original offence.

Handing down its initial decision three weeks ago, the three-man Court of Appeal - led by Lord Chief Justice Robert Carswell, sitting together with Justice Nicholson and Justice Kerr - upheld Shoukri's appeal against his conviction of possessing the weapon in suspicious circumstances and quashed the six-year jail sentence.

Lawyers for the leading loyalist had argued during his appeal that he obtained the weapon after a number of death threats for reasons of self-defence and in order to protect his life.

The full reserved judgement to explain that Appeal Court decision is due to be delivered at Friday's hearing.

Legal sources now expect Shoukri to receive a reduction in sentence for his final conviction of possessing a weapon without a firearms certificate.

It is possible that any significant reduction tomorrow in that two-year sentence could see the leading loyalist thug walking out of court a free man because of time already served.
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Andersonstown News -- ireland.click
November 17, 2003

Shoukri's Six-Year Sentence Overturned
Journalist:: Staff Reporter

Leading Westland loyalist Andre Shoukri has had his conviction overturned for having a firearm in suspicious circumstances during the bitter feud between the UDA and Johnny Adair's C Coy.

The convicted extortionist appeared at the Appeal Court in Belfast yesterday to challenge his six-year sentence for having a firearm when his car was stopped and searched by the PSNI outside Rathcoole in September 2002. Appeal Court judges reserved judgement on another charge of possessing a firearm without a certificate which Shoukri is currently serving a two-year sentence for.

As the handcuffed loyalist left court yesterday he claimed "justice had been done".
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MORE:

IFC NewsList – August 12, 2003
UDA Leader moved to sentenced wing - Maghaberry

IFC NewsList – July 22, 2002
19-Year old Irish Man Assassinated by Red Hand Defenders 

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Subject: Important victory - Key Provisions of Anti-Terrorism Statute 
Declared Unconstitutional
Date: December 8, 2003

"This decision will mitigate the substantial chilling effect that this statute has cast over those who seek to provide humanitarian aid to conflict-ridden areas."
            
- David Cole, Center for Constitutional Rights


To read the decision in full go to:
http://www.ca9.uscourts.gov/ca9/newopinions.nsf/044DE357BD726D7288256DF10063BDE4/$file/0255082.pdf?openelement


Or go to Or go just to http://www.ca9.uscourts.gov/ and look for Court of Appeals decisions, or HLP v DOJ.

The Irish Freedom Committee® 
www.irishfreedomcommittee.net
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FOR IMMEDIATE RELEASE 
DECEMBER 3, 2003 3:33 PM 
CONTACT: Center for Constitutional Rights, David Cole 202-362-6473 Nancy Chang 212-614-6420

Key Provisions of Anti-Terrorism
Statute Declared Unconstitutional

WASHINGTON - December 3 -The U.S. Court of Appeals for the Ninth Circuit today declared unconstitutional significant parts of a criminal statute barring "material support" to terrorist organizations, and rejected the government's interpretation of the statute as imposing liability on "moral innocents." The statute at issue, 18 U.S.C. 2339B, has been a central tool in the Bush administration's criminal "war on terrorism" cases, and the decision calls into question the legality of several convictions, including those of the Lackawanna 6, the first of whom were sentenced today.

The case, Humanitarian Law Project v. Ashcroft, involved a challenge by brought by the Center for Constitutional Rights on behalf of a human rights organization in Los Angeles and several groups of Sri Lankan Tamils to a statute that criminalizes "material support" to any group designated as "terrorist" by the Secretary of State. The Adminstration has argued that the statute makes it a crime to provide material support to terrorist organizations without regard to whether the donor knows that the organization is a designated group, and the statute includes within the ambit of "material support" the provision of "personnel" and "training."

Reaffirming an earlier decision in the case, the court of appeals held unconstitutionally vague the statute's prohibition on the provision of "personnel" and "training" to terrorist organizations These are the very terms that the Lackawanna 6 have pleaded guilty to violating by attending an Al Qaeda training camp.

In addition, the Court firmly rejected the government's broad interpretation of the "material support" statute. The government argued that the statute permitted a conviction even where a donor was unaware that a recipient organization was designated, and unaware of the organization's unlawful acts. The Court held that this interpretation would unconstitutionally punish "moral innocents" in violation of due process, and therefore interpreted the statute to require the government to prove beyond a reasonable doubt that the donor knew the organization was designated or was aware of the unlawful activities that led to its designation.

The Court reasoned:

Without the knowledge requirement described above, a person who simply sends a check to a school or orphanage in Tamil Eelam run by the LTTE could be convicted under the statute, even if that individual is not aware of the LTTE's designation or of any unlawful activities undertaken by the LTTE. Or, according to the government's interpretation of 2339B, a woman who buys cookies from a bake sale outside of her grocery store to support displaced Kurdish refugees to find new homes could be held liable so long as the bake sale had a sign that said that the sale was sponsored by the PKK, without regard to her knowledge of the PKK's designation or other activities.

The court also upheld prior rulings that the material support statute's prohibitions on the provision of "personnel" and "training" were "void for vagueness under the First and Fifth Amendments because they bring within their ambit constitutionally protected speech and advocacy.

David Cole, a Georgetown University law professor and lawyer with the Center for Constitutional Rights, who argued the case, said: "Today's decision means that central parts of this "material support" statutes are unconstitutional, and that the government's interpretation of the statute cast an unconstitutionally broad net over innocent persons. This decision will mitigate the substantial chilling effect that this statute has cast over those who seek to provide humanitarian aid to conflict-ridden areas. 

In our view, however the statute's flaw is even more fundamental it imposes guilt by association. People should be held responsible for their own acts, and for any acts of terrorism that they support, not for their mere "support" of a group the government has placed on a blacklist."

Nancy Chang, the Center for Constitutional Rights staff attorney who is working on the case, said, "The First Amendment protections that the Ninth Circuit has put into place are especially important now that the Patriot Act was amended to increase the penalty for the provision of material support from ten years to 15 years and possibly a sentence life."

The decision is available at
http://mailhost.groundspring.org/cgi-bin/t.pl?id=55310:134751BDE4/$file/0255082.pdf


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Subject: Christmas Card signing – Chicago Area
Date: December 8, 2003

For those of you in the Chicago or Illinois area, please join the Irish Freedom Committee this Sunday for a bit of Christmas cheer and a chance to sign holiday cards for Irish Republican political prisoners. 

Come meet some old friends, or make some new ones, and help let the prisoners and their families know that they are in our thoughts and prayers this holiday season.

Please CONTACT US for more information about other local card signings this week across the US.

Nollaig Shona Daoibh!! (Merry Christmas to you all!!)

The Irish Freedom Committee® 
www.irishfreedomcommittee.net
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>>>Event POSTER here<<<

ANNOUNCEMENT
Charlie Kerins Unit, Irish Freedom Committee
Friday December 5, 2003


Remember Irish Political Prisoners This Christmas

There are currently over 100 Irish Republican political prisoners held in English and Irish jails. These numbers now include two women, who are being singled out for particularly harsh treatment and are under 23-hour-a-day lockdown.

The Irish Freedom Committee will be hosting a Christmas Card signing event on Sunday December 14, 2003 at
The Abbey Pub, 3420 W. Grace,
From 2:00 PM to 5:00 PM

Christmas is a lonely time for Irish prisoners and their families, and a card from America makes an enormous difference to a man or woman who may 
be facing many years in prison for their political beliefs.

Please join the Irish Freedom Committee for Christmas cheer for a good cause! If you are not able to attend but would like to add your name or 
a short message to a card, please contact us and we’ll add it for you. 

Let Irish Republican Political Prisoners know they and their families are not forgotten this holiday season.

Nollaig Shona Daoibh


The Irish Freedom Committee
Charlie Kerins Unit
P.O. Box 11417 
Chicago, IL 60611
Phone: 312-560-9311
www.irishfreedomcommittee.net
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IRISH FREEDOM COMMITTEE® NEWSLIST
www.irishfreedomcommittee.net
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Subject: RUC/PSNI EVIDENCE TAMPERING: CASES DROPPED
Date: Monday December 8, 2003

"What happened in this case is that the security forces tried to pervert the course of justice and I am calling for a full judicial inquiry." - Defense Solicitor Paddy MacDermott

The cases against MARTIN BROGAN and MARK CARROLL have collapsed amidst discoveries of widespread evidence tampering. More below from the Sunday Business Post.

The Irish Freedom Committee®
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Sunday Business Post
Sunday, December 07, 2003 

PSNI asked forensics lab to alter report 
By Eamonn MacDermott

The British army and the Police Service of Northern Ireland (PSNI) have intervened in the workings of the North's Forensic Science Laboratory to such a degree that all convictions based on forensic evidence over the last 30 years could be called into question, solicitors have claimed. 

The allegations follow the collapse of the case against two alleged dissident republicans after it was revealed that the British army had tampered with evidence and the PSNI had asked a scientist to "modify" his findings to protect an informer. 

The two men, Martin Brogan and Mark Carroll, were charged with having an explosive device. During a routine investigation by their solicitors, Kevin R Winters and Co, a lawyer visited the forensic science laboratory to assess the evidence. 

The solicitor came across a letter from one of the scientists in the case outlining a request he had received from a PSNI detective chief inspector. The scientist said the police chief had asked him to "modify" his statement and omit "a number of sections". 

According to the scientist, the chief inspector provided a copy of the original statement with the areas he wanted modified clearly marked.The result would have been that the report would have omitted any reference to traces of explosives being found on a third man, believed to have been an informer. 

The solicitor also found a memo which said that, after the evidence had been collected but before it was sent to the forensic science laboratory, a British army search organisation had gone to Newry police station and opened the bags of evidence. 

The memo noted that the soldiers' examination involved "opening bags in the exhibits room . . . and rubbing a gloved hand over the surface of the contents, in this case items of clothing". 

Last week, in what Winters described as "a carefully orchestrated stunt to coincide with the election count", the two men were found not guilty and were released. The solicitor said the case was of huge significance and he called for an inquiry. 

He said: "Many areas have to be considered. The whole issue of disclosure to defence solicitors, routine refusals by the Crown to disclose material that they say is not relevant and the issue of public immunity certificates all have to be looked at." 

This is not the first time that the Forensic Science Laboratory has come under pressure from the PSN I. Several months ago a leading forensic scientist told a Belfast court that scientists were coming under pressure from the police in relation to evidence in certain cases. 

Winters said that the case highlighted the tensions between the PSNI and the forensic scientists. He added that any "cosy relationship" that might have once existed was long over. 

Solicitor Paddy MacDermott, who is representing a Derry man charged on the basis of DNA evidence, which he claims was planted by police, said: "This case could call into question all convictions based on forensic evidence over the past 30 years. 

"Forensic evidence has always been presented as some sort of objective measure, yet here we have a blatant attempt to interfere with the evidence itself and with the findings. 

"In view of what has happened, it is difficult to refute the assertion that all forensic evidence in this case has been tainted. 

"What happened in this case is that the security forces tried to pervert the course of justice and I am calling for a full judicial inquiry." 

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Subject: Act of Conscience to Spark an Act of Congress 
Date: December 6, 2003

----------
The Blanket
December 4, 2003

Act of Conscience to Spark an Act of Congress 

“In our country we have those three unspeakably precious things: freedom of speech, freedom of conscience, and the prudence never to practice 
either.” - Mark Twain 
“If intimidated, speak up louder than before.” - Howard Zinn


Matthew Kavanah • 4.12.03 

As a citizen of the United States where elected officials frequently herald our democratic values, freedom and liberty, social tolerance, jurisprudence and the Bill of Rights, does it stand to reason that I should harbor a degree of trepidation as I write the following essay? Although I am aware that the US Court of Appeals for the District of Columbia Circuit has ruled on the very issue that I will provide further explication for in this essay, am I justified in fearing potential governmental retribution solely because of my political viewpoint and sensibilities? As Howard Zinn wrote, “I suggest that free speech does not become a reality until people insist on it, struggle for it, practice it, because corporate wealth, governmental power, judicial decisions all limit that right.” At the outset of this piece, let me state with no equivocation, that what I pen here I write as an individual of conscience, neither in an overt nor a veiled attempt to solicit support for any organization and not to serve as an endorsement of any organization. My words are primarily directed to those who would 
deny the freedoms of association, press, speech, and due process and those who would deter the forward march of liberty, equality and fraternity.

In May 2001 the US Department of State, in conjunction and collaboration with the US Department of the Treasury and the US Department of Justice [although Attorney General Ashcroft oftentimes seems more preoccupied with his sense of law as opposed to justice…hmm, a topic for a future article?] proscribed the Real IRA and included the 32 County Sovereignty Committee, 32 County Sovereignty Movement [hereafter referred to as 32 County] and the Irish Republican Prisoners Welfare Association [hereafter referred to as IRPWA] as aliases of the Real IRA. These organizations were thus designated as [FTO] foreign terrorist organizations. According to State Department guidelines, the legal criteria for designation is as follows:

(Reflecting Amendments to Section 219 of the INA in the USA PATRIOT Act of 2001)

It must be a foreign organization. 
The organization must engage in terrorist activity, as defined in section 212 (a)(3)(B) of the INA (8 U.S.C. § 1182(a)(3)(B)),* or terrorism, as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. § 2656f(d)(2)),** or retain the capability and intent to engage in terrorist activity or terrorism. The organization’s terrorist activity or terrorism must threaten the security of U.S. nationals or the national security (national defense, foreign relations, or the economic interests) of the United States. Furthermore, the legal ramifications of the designation on US citizens 
and other persons under US jurisdiction are as follows:

It is unlawful for a person in the United States or subject to the jurisdiction of the United States to knowingly provide "material support or resources" to a designated FTO. (The term "material support or resources" is defined in 18 U.S.C. § 2339A(b) as "currency or monetary instruments or financial securities, financial services, lodging, training, expert advice or assistance, safehouses, false documentation or identification, communications equipment, facilities, weapons, lethal substances, explosives, personnel, transportation, and other physical assets, except medicine or religious materials.) Representatives and members of a designated FTO, if they are aliens, are inadmissible to and, in certain circumstances, removable from the United States (see 8 U.S.C. §§ 1182 (a)(3)(B)(i)(IV)-(V), 1227 (a)(1)(A)). Any U.S. financial institution that becomes aware that it has possession of or control over funds in which a designated FTO or its agent has an interest must retain possession of or control over the funds and report the funds to the Office of Foreign Assets Control of the U.S. Department of the Treasury. 

The 32 County and IRPWA organizations as well as their US members and supporters secured the pro bono legal services of a Washington, DC based 
law firm and filed a petition for judicial review of the designation. The appeal was based on deprivation of constitutional rights such as the Fifth Amendment right to due process of law and the First Amendment right to free speech and association as well as US Code concerning statutory jurisdiction, authority and substantial support in the administrative record. The petitioners’ brief states that, “…petitioners do not engage in terrorist activity and are not an alias for, or also known as, the Real IRA…there is no record support that petitioners engage in terrorist activity…petitioners have no activities other than 
engaging in political speech about the peace process in Northern Ireland and fundraising for lawful political and humanitarian purposes, and the record does not establish that petitioners have furthered any illegal activities of the Real IRA.”

As a result of the designation, however, the US members and supporters were compelled, among other things, to close a post office box, close a bank account, discontinue maintenance of a website, and cease all lawful political advocacy. The State Department made the designation based principally on information supplied by the British and Irish governments as well as public domain information. According to the Summary of the Administrative Record,

“…In particular, we have placed a heavy emphasis on detailed information furnished directly to us by the governments of the United Kingdom and the Republic of Ireland. The U.S. Government depends on those two governments for information concerning terrorist activities in Northern Ireland. The British and Irish security and intelligence devote considerable effort to collecting information on groups in Northern Ireland and we trust the experience of those two governments in analyzing this information and assessing its credibility.”

As opposed to the Real IRA, which is banned, 32 County and the IRPWA are perfectly legal in both the United Kingdom and Ireland. The British and Irish governments evidently “do not have credible evidence that petitioners engage in terrorist activities.” Moreover, the British Government has concluded that these organizations engage solely in lawful political speech and legitimate fundraising efforts. British Lord Williams of Mostyn has been quoted as saying,

“My Lords, a clear distinction needs to be made between the expression of political attitudes, opinions and beliefs and the actual commission or instigation of terrorist crime…on the basis of the evidence currently available, the Government assess(es) that the 32 County Sovereignty Movement is not concerned in terrorism, as defined in statute.”

Lord Williams also stated that, “It is not unlawful [in the United Kingdom] to raise funds for purposes which are not terroristic,” and when asked by Lord Swinfen if there was any indication that 32 County passed funds to the Real IRA replied, “My Lords, I know of no sufficiently admissible evidence which would sustain a criminal charge.” The position of the British Government is clearly that fundraising for political purposes is not illegal. It does not stand to reason then that these organizations should be outlawed in the United States. As the petitioners’ brief notes, “Although the United States government has 
claimed that it relied upon information provided by the British and Irish governments, those governments have refused to ban petitioners, and the British government has expressly recognized that petitioners are engaged in lawful political advocacy and fundraising.”

The integrity of American democracy is at issue here. As the petitioners’ brief elucidates, “Advocacy is a cornerstone of the First Amendment.” Political advocacy is greatly enhanced when people pool time, energy, talents and resources. As is cited in the brief, the US Supreme Court has noted that, “It would indeed be ironic if, in the name of national defense, we would sanction the subversion of one of those liberties – the freedom of association.” The Court of Appeals, in this instance, chose to frown upon political advocacy and expression, curtail the freedom of association and generally punish citizens for holding what some might interpret as an unpopular opinion. The petition for judicial review was tersely denied.

So, what is an American patriot to do? I propose to utilize all potential avenues of conventional constitutional politics in an attempt to overturn this designation. It is unlikely that Secretary of State Powell will revoke the proscription on 32 County and the IRPWA. The court system alternative for reversal has been exhausted. The remaining option is to lobby and petition for an Act of Congress. I have no idea how difficult this task may become and no crystal ball to inform me of what may lie down the road but I do know that the US Department of State is emphatically wrong in their designation of 32 County and the IRPWA and I do know that the US Court of Appeals for the DC Circuit unilaterally erred in its finding in this case. I know that my constitutional rights have been trampled upon by the Executive Branch acting in an arbitrary and capricious manner. Lastly, I know that I, as a citizen of conscience, will not go quietly, will not submit and will not acquiesce to this flagrant injustice. This political battle begins now and I encourage all people of good sense and good will to join in this effort. Resistance is not a dirty word.

I have established an email account for use in this endeavor so I may be contacted at actofconscience@hotmail.com

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Subject: IFC Christmas Card Drive for IPOWs
Date: December 5, 2003

The Irish Freedom Committee is hosting a series of CHRISTMAS CARD SIGNINGS across the US this weekend and throughout the following week.

For more information on how you can join one in your area, or host one yourself-- or for a current list of IRISH POLITICAL PRISONERS wanting Christmas cards and suggestions for Air Mail posting your cards, please email us at the address below.

Nollaig Shona Daoibh!! (Merry Christmas to you all!!)


The Irish Freedom Committee® 
www.irishfreedomcommittee.net
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IRISH FREEDOM COMMITTEE
ANNOUNCEMENT
DEC. 1, 2003

JOIN A CHRISTMAS CARD CIRCLE IN YOUR AREA!!


The Irish Freedom Committee is hosting Christmas Card Signings for Irish Political Prisoners in a variety of US cities during the next two weeks.

For more information on how to join one in your area, or to host a signing of your own, please contact us at the email address below.

Go raibh maith agat;

IFC POW Dept.
email us
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WRITE TO IRISH POWs
www.irishfreedomcommittee.net
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IRISH FREEDOM COMMITTEE® NEWSLIST
www.irishfreedomcommittee.net
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Subject: Deportees – Anthony McIntyre
Date: December 2, 2003

----------------------
http://lark.phoblacht.net/

The Blanket
November 30, 2003

Deportees

Anthony McIntyre • 30.11.03

Malachy McAllister, or ‘Mock’ as we knew him was a close childhood friend; one of those types that made youngsters not related by way of family consider becoming blood brothers through cutting hands and letting the blood mingle. We never got to that stage, thinking it a better demonstration of our fidelity to each other to share in the spilling of the blood from the heads of some loyalist kids from the Donegall Pass Tartan gang, achieved with a few well-aimed stones. For my sins the Tartan aimed better and split my own, leaving me stitched and sore. Looking back, it was all childhood nonsense but 
it was how we gave meaning to our world. Mates were mates and loyalty to each other was a big factor in our lives. That was before the opposite sex stopped looking gawky and it suddenly seemed better to have a girl than a blood brother. Chasing no longer meant pursuing the Tartan. 

But until the intervention of the opposite sex we lived what we thought was a Tom Sawyer type of life – troublesome and adventurous but never really dangerous. We drank the cider together, played football and handball, fought each other, rioted with the Brits and cops - everything that many others of a young teenage subculture become immersed in as they sail through those often turbulent formative years. And of course we ended up in jail together - he as a member of the INLA and myself a volunteer in the Provisional IRA. He arrived in the jail about six years after me, having married Bernie before he heard the cell door clang behind him. It was good to see him again although not so good to see him under such circumstances.

Mock was released from jail in the mid-1980s. I thought his troubles were over, or at least the worst of them. But things just didn’t work out so easily. In October 1988 loyalists, rearmed and directed by the British, launched a gun attack on his home. Neither he nor Bernie were there. But Bernie’s mother was minding the couple’s children. All were lucky that none of the 25 rounds fired found their target. A short time later Mock and Bernie learned that the guns used to attack their family had been recovered in a loyalist area along with personal details of Mock which came from British State security force files.

Shortly after that he fled to Canada and then on to New Jersey, where a federal judge found that Bernadette and the children had suffered "severe persecution". Three years ago a US judge, while ordering the deportation of Mock on the grounds of his previous conviction, granted asylum to Bernie, finding that she had ‘suffered extreme past persecution based on her religion, her political opinion, and because she is Malachy McAllister's wife.’ 

Now we learn that Mock is the subject of a manhunt instigated by the Department of Homeland Security ("DHS"), under the authority of Attorney General John Ashcroft. According to legal representative Russell Smith the DHS ‘defying a ruling from the United States Court of Appeals’ has laid siege to the family’s home. 

On November 19th, Bernie McAllister and her children, Sean and Nicola, were about to celebrate Thanksgiving in the New Jersey town of Wallington when she learned that she and her four children were to be stripped of their political asylum status and would be deported back to Belfast within 30 days. 20 DHS agents congregated outside their front door. Although their 26-year-old son Gary is married to an American citizen he too has been included in the 
deportation order. The two youngest children have no memory of Belfast and are said to be terrified that they will be shot if compelled to return to the city. 

According to Russell Smith: 

Despite the fact that the Court of Appeals immediately issued a temporary stay of removal pending its decision on this case, the DHS remains staked out at the McAllister home and continues, unlawfully, to treat Malachy McAllister as "fugitive" from the very removal order which the Court has stayed! 

Both Russell Smith and the Ancient Order of Hibernians of which Mock is a member, have called on concerned bodies and individuals to make their 
views known to John Ashcroft. The family also has support from Irish American Unity Conference and many Congressional leaders. Ancient Order of Hibernians National President Ned McGinley pledged a "supreme effort" on the part of the AOH throughout the U.S. in an effort to halt the deportation.

This harassment is not an isolated event but is part of a developing pattern. In the past year we have saw the expulsion from the US of Bernadette McAliskey; the detention of former republican prisoner Ciaran Ferry who had married a US citizen and was living in the country with both her and their child; the deportation of John Eddie McNicholl. A cold wind is blowing through the country, shaking down anybody who may be considered ‘undesirable’. Human considerations are being trampled under the juggernaut of national security.

Malachy McAllister asked, ‘what is the purpose of going after me … what does it solve?’ John Ashcroft knows. But he doesn’t care. A trenchant 
supporter of government strategies that lead to the slaughter of Israeli, Palestinian and Iraqi children, why would he display sensitivity for kids from the backstreets of Belfast?

Ní síocháin go tuiscint 

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IRISH FREEDOM COMMITTEE® NEWSLIST
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Subject: Malachy McAllister released pending asylum appeal – PLEASE HELP
Date: December 2, 2003

Please continue to phone and write your US Senators to urge that asylum 
be granted to Malachy McAllister and his family.

Items below:

- Press Release: Law Offices of Dornan and O’Shea – MALACHY McALLISTER RELEASED
- Sign Petition: Relief for Irish Deportees and Political Prisoners in the US
- Press Release: NJ Sen. Rothman Obtains Freedom for Irish Political Asylum Seeker
- New Jersey Resolution NJ SR 42: Malachy McAllister

Find your US Senator here

Please help Malachy and his family obtain political asylum in the United States. 

The Irish Freedom Committee® 
www.irishfreedomcommittee.net

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Press Release: December 1, 2003

THE LAW OFFICES OF SMITH DORNAN & SHEA PC
HTTP://WWW.SDS-LAW.COM
E-MAIL: EDOR-@SDS-LAW.COM
355 LEXINGTON AVENUE
SEVENTEENTH FLOOR
NEW YORK, NEW YORK 10017
(212) 370-5316
__________________
TELEFACSIMILE (212) 370-7174

NO SURRENDER

The Department of Homeland Security ("DHS") finally permitted common sense and decency to prevail and allowed Malachy McAllister to return to his family home in Wallington, New Jersey under an Order of Supervision to resume a normal working and family life, pending the decision on his case from the Third Circuit Court of Appeals. The Order simply requires that Malachy report to the Bureau of Immigration and Customs Enforcement ("BICE") in Newark on Friday of each week.

The decision came down from DHS headquarters in Washington, D.C. and was brought about as a direct result of substantial political pressure from several Congressional Representatives, led by Congressman Stephen R. Rothman (D-NJ9). This afternoon, Reps. Rothman and Eliot Engel (D-NY17) were on hand to greet Malachy upon his release from custody, and both made strong public statements of support for the McAllister family and their long struggle to remain in the United States.

An elated Malachy McAllister stated that his family had been through "an emotional rollercoaster" and expressed "eternal gratitude to everyone who has lent support to [his] family over the last few weeks." He stated that the McAllisters had received "an enormous groundswell of support from the Irish-American community, and from groups like the IAUC and AOH in particular." On behalf of his family he expressed his deepest gratitude to Congressman Rothman for championing his cause, and to Reps. Eliot Engel, Ben Gilman, Sen. Lautenberg, and all the co-signatories to Steve
Rothman’s letter, for their personal involvement and attention to his family’s plight.

See http://rothman.house.gov/news_releases/rel_120103.htm

Malachy stated that "today we have witnessed the result of democracy in action. Without the support of Irish-America, our Representatives and Senators, and without the media shining a light on this case, I have no doubt but that I would have been arrested, shackled and shipped out to face my persecutors. Bernie and I have only ever sought the chance to raise our family in an atmosphere free from fear and bigotry, and give them opportunities that were
denied us."

He went on to say: "we still have a lot of work to do until this government recognizes that my family, and other Irish nationals in similar situations, present no danger to the safety and security of the United States. We must keep moving toward that goal, but today has been a significant victory for democracy and justice."

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SIGN PETITION:  
Relief for Irish Deportees and Political Prisoners in the US

To: The United States Congress, President Bush and Attorney General John Ashcroft

On behalf of Malachy McAllister, Ciarán Ferry, Paul Harkin, John McNicholl (deported 7/18/2003) and any other Irishmen in the United States that is seeking asylum or is under arrest or is threatened with imminent deportation, or is being hounded or threatened in any way by the United States government, or has come here to visit or to participate in a family gathering or event and has now been detained and threatened with a Draconian sentence we, the undersigned, respectfully request that you cease and desist immediately... (more)

http://www.petitiononline.com/iauc2003/petition.html
(Copy and paste url into browser)

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PRESS RELEASE – NJ Sen. Rothman Obtains Freedom for Irish Political Asylum Seeker
http://rothman.house.gov/news_releases/rel_120103.htm

Malachy McAllister New Jersey Resolution NJ SR 42
http://www.iauc.org/njres.htm

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