Hibernians declare war on treaty

The AOH letter, dated Nov. 1, has been sent to the committee’s chairman, Sen. Richard Lugar, a Republican from Indiana, and the ranking Democrat on the committee, Sen. Joe Biden of Delaware.
The Hibernians have also set up an ad hoc committee to coordinate the group’s growing campaign against ratification of the treaty.
Before becoming law, the treaty must be approved by the Foreign Relations Committee and then the full 100 member Senate.
“Not only do Irish Americans feel threatened but also this law threatens both Due Process and Judicial Review as it pertains to all United States citizens,” the AOH letter to Lugar and Biden stated.
The new treaty, which has been previously excoriated by a number of Irish-American attorneys, was signed with little fanfare by U.S. Attorney General John Ashcroft and British Home Secretary David Blunkett on March 31.
“The United Kingdom and the United States have a long cooperative history in
law enforcement that has only been strengthened since the tragedy of Sept.
11,” Ashcroft said at the signing. “Our two countries are united in our mutual respect for the rule of law and love of freedom.”
In his remarks, Ashcroft made no specific reference to any conflict, group or country. However, the Hibernians say they see Ireland, and specifically Northern Ireland, written clearly between the treaty’s lines.
“This document recalls the extradition treaty signed in London on June 8, 1972 which was subsequently amended by the Supplementary Treaty signed in Washington on June 25, 1985,” the letter to Lugar and Biden continued. “Those treaties are certainly sufficient and there is no reason to feel they are inadequate with the exception that the present Department of Justice wishes to curry favor with the United Kingdom.”
The letter said that the treaty would remove the right of U.S. citizens to protest against the government of the United Kingdom without fear of frivolous charges.
“There is no need for this treaty to be ratified,” the letter argued.
The letter pointed out that the instruments of ratification were to be exchanged “as soon as possible” but that it appeared that both the State and Justice departments were now waiting for a “good time” to present it to the Foreign Relations Committee.
The AOH national president, Ned McGinley, said that the letter was only the beginning of his organization’s effort to have the new treaty scrapped.
“We will be cooperating with other groups in the campaign,” he said.
The special committee set up by the Hibernians to coordinate the campaign includes past national president Joe Roche from Maryland, New York-based Brendan Moore, chairman of the AOH Freedom For All Ireland Committee, and John McInerney, chairman of the group’s Political Education Committee and president of the District of Columbia Hibernians.
The controversy over the new treaty flared up in July when Francis Boyle, a professor of law at the University of Illinois, publicly aired his concerns over the document.
Boyle said that not only did the treaty do away with the concept of a political exception clause, it also would remove the possibility of judicial review in extradition cases while exposing individuals, including U.S. citizens, to the threat of extradition to the United Kingdom based on “totally unfounded allegations.”
“People could be prosecuted for simply helping people involved in the situation in Northern Ireland,” Boyle said. “The UK government does not need this treaty to get Real or Continuity IRA people. They already can under the current treaty as supplemented in the 1980s. This treaty is really aimed at shutting down Irish-American organizations and individuals,” Boyle said.
“The proposed treaty makes every Irish American a potential target. It is atrocious,” was the concurring view of New York-based attorney Frank Durkan.