A court in Boston will later today hear arguments by a former IRA prisoner and a journalist that their lives could be put in jeopardy as a result of a history project they carried out for Boston College's Centre of Irish Studies.
The case centres on the college's Belfast Project, which interviewed former IRA members and loyalist paramilitaries.
PSNI investigators want to get the tapes of the interviews as part of their investigations into the murder of mother-of-ten Jean McConville, whose remains were discovered in 2003.
An earlier court hearing ruled that the PSNI should be given the recordings.
One of those interviewed claimed Sinn Féin President Gerry Adams ordered the killing.
A second interview with former IRA bomber Dolours Price allegedly makes the same accusation.
Former IRA member Anthony McIntyre and journalist Ed Moloney will argue that their rights are being infringed and they are being put in danger.
They say they will be regarded as informers if the tapes they recorded as part of the project are used in a prosecution.
In an interview with RTÉ Radio at the weekend, Mr Adams said those who gave interviews to the college were "unfortunates".
He described those who conducted the interviews with paramilitaries as "culprits".