Part One: An Open Letter to Judge Carroll Moran

Hon. Carroll Moran
Circuit Court Jurist
Limerick City
County Limerick, Ireland
Nov. 18, 2004

My dear Judge Moran:

I respectfully request that you temper any justice that you intend to impose on the defendant, Mary Kelly, on Dec. 1, 2004, with mercy. The jury has found the defendant “guilty” of the offense for which she was charged.
A lot will be made, I’m sure from reading the press accounts of the trial, about the “guilty” verdict at Kelly’s sentencing by the prosecutors. However, there is a higher law involved in this saga of civil disobedience.

The Iraqi War is immoral. It is unjust. It is a crime against humanity. There weren’t any WMD in Iraq, nor did Saddam Hussein have any ties to any terrorist groups. In fact, if you get a chance to read Steve Coll’s book, “Ghost Wars,” he reveals that Osama bin Laden and Saddam were mortal enemies. I am also convinced, to make a legal point, that the Iraqi War is unconstitutional, since only the U.S. Congress, under Art. 1, Sec. 8 (11) of the U.S. Constitution, can declare war. The Congress could no more delegate its war-making power away to President George W. Bush, Jr., than you can delegate your judicial powers to your law clerk!

As I write this letter to you, 1,215 U.S. troops have paid the supreme price in the Iraqi slaughterhouse, including 18 from my own state of Maryland (icasualties.org/oif/). Four of the 18, all from the Baltimore area, have died within the last five days: one was 19-years of age, another was age 20, and two were 21-years of age. In today’s “Baltimore Sun,” four of the grieving mothers of those dead soldiers, told their compelling stories, ("Sorrowful News Brings Iraq War Home," by Chris Brown and Joanna Daemmrich), about their feelings on hearing the new on the death, in combat, of their beloved sons. It is heart-wrenching to read those accounts (www.baltimoresun.com/news/nationworld/iraq/bal-te.md.soldiers18nov18,1,5523774.story). Unless, this war is stopped, there will be more young men in this country dying to satisfy, not the defense of the American Republic, but the designs of the wire pullers, (globetrotter.berkeley.edu/people4/CJohnson/cjohnson-con0.html) who only objectives are power over others and to exploit the natural resources of Iraq (www.zianet.com/boje/1/pages/oil_wars.htm).

If anyone wants to discuss crimes, (real crime), then tell them to just turn on the their TV sets and watch what the Allied Coalition is doing today to Fallujah, a city of 300,000 souls. Now, the destruction of Fallujah is a crime that cries out to the heavens for relief (www.wsws.org/articles/2004/nov2004/fall-n17.shtml).

Justice must be based on morality, honor, decency and on the principles and values of the Natural Law, otherwise it ends up being a cold, empty vessel, called “legalism!” Remember, your Honor, the crimes against your own people perpetrated by the British Imperialists were all committed under the color of some “legal" authority, including the mass murder of millions of Irishmen and Irishwomen during the days of the “Great Famine" (www.nde.state.ne.us/SS/irish/irish_pf.html).

I sincerely urge you to consider all of the circumstances in the matter before you, including the defendant’s laudable motives for her actions, (www.iejs.com/Law/Criminal_Law/defenses_of_necessity_and_choice.htm), and to be compassionate towards Mary Kelly, a splendid and justice-seeking activist, at her sentencing, set for Dec. 1, 2004.

Respectfully,

William Hughes, Esq.

*For descriptive purposes only, I am a former Associate City Solicitor for Baltimore City.

Note: For readers of this "Open Letter to Judge Moran," background material on Mary Kelly's case, can be found, inter alia, at her web site at: www.freewebs.com/mary_kelly/.
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Part Two: How to Send Letters of Support on behalf of Mary Kelly to Judge Carroll Moran.

Kelly will be sentenced on Dec. 1, 2004, Judge Carroll Moran, sitting in the Circuit Court, Limerick City, County Limerick, Ireland. She could face up to 10 years in prison. John McDonagh, co-producer of WBAI's Radio Free Eireann (RFE), in NYC, was just in Ireland, with Kelly, at an anti-Iraqi War rally, at the Shannon Airport. McDonagh was one of the speakers at the demonstration. Kelly has been on the RFE program many times in the past as a guest. McDonagh has initiated a letter-writing campaign of support on Kelly's behalf to Judge Carroll Moran.

In an e-mail to this author from Kelly, dated, Nov. 19th, she wrote: "I have just read your very moving letter, (the open letter to Judge Moran above), you have put the case so well. I have been advised to send letters to my Solicitor who will see that the Judge is made aware of them. There is no chance he will get them if sent directly to the Court House. I am very moved that you have taken the time to write, thank you..."

Accordingly, the name of Kelly's Solicitor is: Greg O'Neill, Esq. His e-mail address is: greagoir1-AT-eircom.net. Please direct all support mail to him.

Part Three: Commentary by this author, on Nov. 20, 2004, on the "Radio Free Eireann program," which is co-produced by John McDonagh and Sandy Boyer, on WBAI, in NYC. It includes a reference to Mary Kelly's case.

“The skies have been dark over our Nation’s capital lately. It’s like a scene right out of Alfred Hitchcock’s memorable movie, 'The Birds.' It’s the reactionary War Hawk! They are taking over the new appointments to George Bush’s presidential cabinet. First, Colin Powell was shown the gate at the State Dept. His replacement is Condi Rice (www.commondreams.org/headlines04/0326-10.htm). She is a third rate intellect, a warmonger, and a lackey for Dick Cheney and the Neocon Gang. Then, there is that new Attorney General nominee, Alberto Gonzales. International Professor of Law, Francis Boyle, labels him a 'prima facie' war criminal for his bum legal advise to the Pentagon to ignore the Geneva Convention (counterpunch.org/boyle11182004.html). For the Defense Department, the word is that either 'Dr. Strangelove,' Paul Wolfowitz (www.newhavenadvocate.com/gbase/Film/content), will get the nod, or worse, war happy U.S. Sen. Joe Lieberman (D-CT) (www.thirdworldtraveler.com/Political/BadForJews_Lerner.html). Bottom line: The world is in for a scary four years (www.iraqbodycount.net/).

“Moving on to that popular ballad, ‘On the One Road’ (m.nu/eirinn/ceol/m/). Who would have ever dreamt that the U.S. Catholics Bishops and the Rev. Bob Jones III of Bob Jones U., would be on the same side? Well indeed they are. They were all united in their support of the reelection of Bush (www.spectatornews.com/news/2004/10/21/Editorialopinion/Bush-Kidnaps.Christianity-775589.shtml). The Rev. Ian Paisley, a Catholic-hating fundamentalist, who has an honorary degree from Jones U., has to be laughing himself sick over this turn of events (www.blackshade.net/norire/paisley/ian.html). Jones in a letter to President George W. Bush, Jr., dated Nov. 3, 2004, said that, “Liberals despise Christ;” that Bush is “a servant of Christ;” that Bush should get rid of all “weaklings” who do not share his “biblical” values; and that new federal judges and congressional legislation should be defined by “biblical norms.” Question: Whatever happened to the U.S. Constitution and the Separation of Church and State Clause of the First Amendment?
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“And, finally, as to that splendid Irish activist Mary Kelly (www.freewebs.com/mary_kelly/). Her case comes up for sentencing in Limerick City, County Limerick, Ireland, on Dec. 1st, and she faces up to 10 years in the slammer. Kelly is a justice seeker in the tradition of the late, great, ‘Apostle of Peace,’ Phil Berrigan (homepage.mac.com/bhughes2/iMovieTheater74.html). Her conduct in putting an ax to a U.S. warplane at the Shannon airport, on Jan. 29, 2003, was an act of moral necessity, on her part, in order to prevent a greater crime - namely the destruction of Iraq (antiwar.com/)! Mary Kelly is entitled to compassion, and not heartless legalism by the sentencing judge.”


© William Hughes 2004

William Hughes is the author of “Saying ‘No’ to the War Party” (IUniverse, Inc.). He can be reached at liamhughes-AT-comcast.net.