Fordham Law Review Volume 61 Issue 2 Article 3 1992 The Empire Strikes Back: The Taking of Joe Doherty James T. Kelly Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation James T. Kelly, The Empire Strikes Back: The Taking of Joe Doherty, 61 Fordham L. Rev. 317 (1992). Available at: https://ir.lawnet.fordham.edu/flr/vol61/iss2/3 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact
[email protected]. ARTICLE THE EMPIRE STRIKES BACK: THE TAKING OF JOE DOHERTY JAMES T KELLY* In this Article, Mr. Kelly summarizes the eight year diplomaticand legal effort to return Joe Doherty, a member of the ProvisionalIrish Republican Army, from the United States to the United Kingdom, where he was wanted for his role in the death of a British soldier and for his escape from prison. The Article begins by considering the British-Irishconflict over the partitionof Ireland and the political and diplomatic role the United States has played in mediating that conflicL It then recounts the unsuccessful efforts of the United States and the United King- dom to extradite Doherty, and the two governments' renegotiation of their ex- isting extradition treaty so as to have adverse retroactive application to Doherty. This Article then examines the successful effort of the United States Justice De- partment to deport Doherty to the United Kingdom: including a review of Doherty's initialpleas for asylum and withholding of deportation,his subsequent request-in the face of the revised extradition treaty-.for deportation to the Re- public of Ireland, and the judicially-affirmeddecisions of two Attorneys General to refuse such request and then to bar Doherty from presenting his claims for asylum and withholding at a reopened hearing.