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'''Jonathan Jay Pollard''' (born [[August 7]], [[1954]] in [[Galveston]], [[Texas]]) is a convicted [[Israeli]] [[spy]] and a former [[United States Navy|United States Naval]] civilian [[Intelligence (information gathering)|intelligence]] analyst. At the request of both the U.S. and Israeli governments, Pollard waived the right to trial in return for restrictions on sentencing, pleaded guilty and was convicted on one count of violating 18 U. S. C. § 794(c), "Delivering Defense Information to a foreign government with the intent and reason to believe it would be used to the advantage of a foreign nation ([[Israel]])." This single-pronged charge gave Pollard good reason to anticipate something less than a life sentence, as prosecutors had promised. <ref>[http://www.meforum.org/article/355 Why Jonathan Pollard got life.] David Zwiebel (June 1997) ''Middle East Quarterly'' 4:2</ref> He received a [[life sentence]] in 1987, with a recommendation against [[parole]]. His plea was entered along with an extorted "wired" guilty plea by his then-wife, Anne Henderson Pollard, who being extremely ill and emaciated, was threatened that he would otherwise receive a life sentence. Although Federal Rules of Court provide for a definite statement clarifying a specific sentence in exchange for a plea, the Pollard were told, "This is not done."
'''Jonathan Jay Pollard''' (born [[August 7]], [[1954]] in [[Galveston]], [[Texas]]) is a convicted [[Israeli]] [[spy]] and a former [[United States Navy|United States Naval]] civilian [[Intelligence (information gathering)|intelligence]] analyst. At the request of both the U.S. and Israeli governments, Pollard waived the right to trial in return for restrictions on sentencing, pleaded guilty and was convicted on one count of violating 18 U. S. C. § 794(c), "Delivering Defense Information to a foreign government with the intent and reason to believe it would be used to the advantage of a foreign nation ([[Israel]])." This single-pronged charge gave Pollard good reason to anticipate something less than a life sentence, as prosecutors had promised. <ref>[http://www.meforum.org/article/355 Why Jonathan Pollard got life.] David Zwiebel (June 1997) ''Middle East Quarterly'' 4:2</ref> He received a [[life sentence]] in 1987, with a recommendation against [[parole]]. His plea was entered along with an extorted "wired" guilty plea by his then-wife, Anne Henderson Pollard, who being extremely ill and emaciated, was threatened that he would otherwise receive a life sentence. Although Federal Rules of Court provide for a definite statement clarifying a specific sentence in exchange for a plea, the Pollards were told, "This is not done."


[[Israel]] publicly denied that Pollard was an Israeli spy until May 12, 1998, when they recognized and took public responsibility for their agent, and indicated its commitment to secure his release and repatriation. In November,[[1995]], he had been granted Israeli citizenship.<ref>[http://news.bbc.co.uk/2/hi/americas/91260.stm Israel admits it spied on US] ([[May 12]], [[1998]]) ''BBC'' retrieved [[March 24]], [[2007]]</ref>
[[Israel]] publicly denied that Pollard was an Israeli spy until May 12, 1998, when they recognized and took public responsibility for their agent, and indicated its commitment to secure his release and repatriation. In November,[[1995]], he had been granted Israeli citizenship.<ref>[http://news.bbc.co.uk/2/hi/americas/91260.stm Israel admits it spied on US] ([[May 12]], [[1998]]) ''BBC'' retrieved [[March 24]], [[2007]]</ref>
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Note:* Pollard was stripped naked for most of his incarceration. He was repeatedly told by representatives of the Attorney General Meese to sign-off on any or all of a list of 20 prominent American Jewish Leaders who "collaborated" with him in his criminal activities. He refused; there was no one. (This harassment began after his arrest, withholding medical care for his wife, Anne unless he "snitched".) Congressman Lee Hamilton-D Indiana was able to move him to a sealed room for six months and then relocate him to Marion.
Note:* Pollard was stripped naked for most of his incarceration. He was repeatedly told by representatives of the Attorney General Meese to sign-off on any or all of a list of 20 prominent American Jewish Leaders who "collaborated" with him in his criminal activities. He refused; there was no one. (This harassment began after his arrest, withholding medical care for his wife, Anne unless he "snitched".) Congressman Lee Hamilton-D Indiana was able to move him to a sealed room for six months and then relocate him to Marion.



==Early Career==
==Early Career==
Shortly into his career as civilian intelligence analyst, Pollard had his security clearance reduced by Admiral [[Sumner Shapiro]] after presenting a plan to garner intelligence from [[South Africa]]. According to the [[Washington Post]], Sumner dismissed Pollard as a "kook." "I wish the hell I'd fired him," Shapiro would later opine. Pollard's clearance was later reinstated. <ref>[http://www.washingtonpost.com/wp-dyn/content/article/2006/11/16/AR2006111600153.html Sumner Shapiro, Long-Serving Director of Naval Intelligence]</ref>
Shortly into his career as civilian intelligence analyst, Pollard had his security clearance reduced by Admiral [[Sumner Shapiro]] after presenting a plan to garner intelligence from [[South Africa]]. According to the [[Washington Post]], Sumner dismissed Pollard as a "kook." "I wish the hell I'd fired him," Shapiro would later opine. Pollard's clearance was later reinstated. <ref>[http://www.washingtonpost.com/wp-dyn/content/article/2006/11/16/AR2006111600153.html Sumner Shapiro, Long-Serving Director of Naval Intelligence]</ref>



==Espionage==
==Espionage==
Ron Olive, the agent in charge of [[counterintelligence]] for the [[Naval Investigative Service]] at the time of Pollard's arrest, published a book about the case in 2006.<ref>[http://www.amazon.com/Capturing-Jonathan-Pollard-Notorious-American/dp/1591146526 Amazon books: "Capturing Jonathan Pollard]: How One of the Most Notorious Spies in American History Was Brought to Justice"</ref> Olive told the BBC that the incident was "one of the most devastating cases of espionage in US history" during which Pollard stole over "one million classified documents".<ref>[http://news.bbc.co.uk/1/hi/world/middle_east/7181277.stm BBC: Spy case still makes waves in Israel] [[15 January]] [[2008]].</ref>
Ron Olive, the agent in charge of [[counterintelligence]] for the [[Naval Investigative Service]] at the time of Pollard's arrest, published a book about the case in 2006.<ref>[http://www.amazon.com/Capturing-Jonathan-Pollard-Notorious-American/dp/1591146526 Amazon books: "Capturing Jonathan Pollard]: How One of the Most Notorious Spies in American History Was Brought to Justice"</ref> Olive told the BBC that the incident was "one of the most devastating cases of espionage in US history" during which Pollard stole over "one million classified documents".<ref>[http://news.bbc.co.uk/1/hi/world/middle_east/7181277.stm BBC: Spy case still makes waves in Israel] [[15 January]] [[2008]].


Exactly what information he gave to Israel has still not been officially revealed. According to Pollard, he gave Israel information related to: Syrian, Libyan, Iranian Iraqi nuclear, chemical, and biological warfare capabilities, including ballistic missile development, and planned terrorist attacks against Israeli civilians. This information SHOULD HAVE BEEN SHARED BY RIGHT OF A 1983 EXCHANGE OF INFORMATION AGREEMENT between the United States and Israel. It was deliberately suppressed by Jonathan's immediate superiors, arguing, "Jews are too sensitive about gas." ([http://www.jonathanpollard.org/1991/021591.htm ["Appeasement of Iraq made me spy" by Jonathan [[Pollard, February 15, 1991]
Exactly what information he gave to Israel has still not been officially revealed. According to Pollard, he gave Israel information related to: Syrian, Libyan, Iranian, and Iraqi nuclear, chemical, and biological warfare capabilities, including ballistic missile development, and planned terrorist attacks against Israeli civilians. This information SHOULD HAVE BEEN SHARED BY RIGHT OF A 1983 EXCHANGE OF INFORMATION AGREEMENT between the United States and Israel. It was deliberately suppressed by Jonathan's immediate superiors, arguing, "Jews are too sensitive about gas." ([http://www.jonathanpollard.org/1991/021591.htm ["Appeasement of Iraq made me spy" by Jonathan [[Pollard, February 15, 1991]
The Wall Street Journal) Retrieved [[February 25]], [[2007]]</ref>]]
The Wall Street Journal) Retrieved [[February 25]], [[2007]]</ref>]]


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Following Pollard's arrest, Prosecutor [[Joseph DiGenova]] boasted to Jonathan that he would make it impossible for any Jew in America, let alone anyone, to support him.
Following Pollard's arrest, Prosecutor [[Joseph DiGenova]] boasted to Jonathan that he would make it impossible for any Jew in America, let alone anyone, to support him.



Note:* On November 26, 1991, Weinberger was indicted on 5 counts of perjury and obstruction of justice, but was pardoned prior to trial, ("The Christmas Eve pardons") December 24, 1992.


==Trial==
==Trial==
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:(b) Notwithstanding Mr. Pollard's cooperation, at the time of sentencing the Government will recommend that the Court impose a sentence of a substantial period of incarceration and a monetary fine. The Government retains full right of [[allocution]] at all times concerning the facts and circumstances of the offenses committed by Mr. Pollard, and will be free to correct any misstatements of fact at the time of sentencing, including representations of the defendant and his counsel in regard to the nature and extent of Mr. Pollard's cooperation. Moreover, Mr. Pollard understands that, while the Court may take his cooperation into account in determining whether or not to impose a sentence of life imprisonment, this agreement cannot and does not limit the court's discretion to impose the maximum sentence.{{Fact|date=March 2007}}
:(b) Notwithstanding Mr. Pollard's cooperation, at the time of sentencing the Government will recommend that the Court impose a sentence of a substantial period of incarceration and a monetary fine. The Government retains full right of [[allocution]] at all times concerning the facts and circumstances of the offenses committed by Mr. Pollard, and will be free to correct any misstatements of fact at the time of sentencing, including representations of the defendant and his counsel in regard to the nature and extent of Mr. Pollard's cooperation. Moreover, Mr. Pollard understands that, while the Court may take his cooperation into account in determining whether or not to impose a sentence of life imprisonment, this agreement cannot and does not limit the court's discretion to impose the maximum sentence.{{Fact|date=March 2007}}


On [[June 4]] [[1986]] Jonathan Pollard pleaded guilty to one count of conspiracy to deliver national defense information to a foreign government. Before sentencing, and in violation of the plea agreement, Pollard and his wife Anne gave defiant media interviews in which they defended their spying, and attempted to rally American Jews to their cause. In a ''[[60 Minutes]]'' interview, Anne said, "I feel my husband and I did what we were expected to do, and what our moral obligation was as Jews, what our moral obligation was as human beings, and I have no regrets about that".<ref name="Black" /> Three weeks before Pollard's sentencing, [[Wolf Blitzer]], at the time a ''[[Jerusalem Post]]'' correspondent, conducted a jail-cell interview with Pollard and penned an article which also ran in ''[[The Washington Post]]'' headlined, "Pollard: Not A Bumbler, but Israel's Master Spy." published on [[February 15]], [[1987]].<ref>[http://www.jonathanpollard.org/7890/021587.htm Pollard: Not A Bumbler, But Israel's Master Spy<!-- Bot generated title -->]</ref> Pollard told Blitzer about some of the information he provided the Israelis: reconnaissance satellite photography of [[Palestine Liberation Organization]] (PLO) headquarters in [[Tunisia]], specific capabilities of [[Libya]]'s air defenses, and "the pick of U.S. intelligence about Arab and Islamic conventional and unconventional military activity, from [[Morocco]] to [[Pakistan]] and every country in between. This included both 'friendly' and 'unfriendly' Arab countries." The Justice Department was fully aware of visitors interviewing Pollards in jail; they cleared all visitor with the warden.
On [[June 4]] [[1986]] Jonathan Pollard pled guilty to one count of conspiracy to deliver national defense information to a foreign government. Before sentencing, and in violation of the plea agreement, Pollard and his wife Anne gave explicit media interviews in which they defended their spying, and attempted to rally American Jews to their cause. In a ''[[60 Minutes]]'' interview, Anne said, "I feel my husband and I did what we were expected to do, and what our moral obligation was as Jews, what our moral obligation was as human beings, and I have no regrets about that".<ref name="Black" /> Three weeks before Pollard's sentencing, [[Wolf Blitzer]], at the time a ''[[Jerusalem Post]]'' Washington Bureau Chief Correspondent, conducted a jail-cell interview with Pollard and penned an article which also ran in ''[[The Washington Post]]'' headlined, "Pollard: Not A Bumbler, but Israel's Master Spy." published on [[February 15]], [[1987]].<ref>[http://www.jonathanpollard.org/7890/021587.htm Pollard: Not A Bumbler, But Israel's Master Spy<!-- Bot generated title -->]</ref> Pollard told Blitzer about some of the information he provided to the Israelis: reconnaissance satellite photography of [[Palestine Liberation Organization]] (PLO) headquarters in [[Tunisia]], specific capabilities of [[Libya]]'s air defenses, and "the pick of U.S. intelligence about Arab and Islamic conventional and unconventional military activity, from [[Morocco]] to [[Pakistan]] and every country in between. This included both 'friendly' and 'unfriendly' Arab countries." The Justice Department was fully aware of visitors interviewing the Pollards in jail; they cleared all visitors in advance with the warden.


The breaking of the plea agreement (in which Pollard swore not to disclose classified material he obtained while working for the Navy and swore not to "provide information for purposes of publication or dissemination," unless it was reviewed by the Director of Naval Intelligence) remains one possible reason for Pollard's remaining in prison despite a change in U.S. parole laws.<ref>[http://209.85.135.104/search?q=cache:v8qgtnM-ch4J:www.washingtontimes.com/books/20061223-100359-3556r_page2.htm+pollard+%2B+%22profit%22+%2B+washington&hl=en&ct=clnk&cd=1]</ref>
The breaking of the plea agreement (in which Pollard swore not to disclose classified material he obtained while working for the Navy and swore not to "provide information for purposes of publication or dissemination," unless it was reviewed by the Director of Naval Intelligence) remains only one possible reason for Pollard's remaining in prison despite a change in U.S. parole laws.<ref>[http://209.85.135.104/search?q=cache:v8qgtnM-ch4J:www.washingtontimes.com/books/20061223-100359-3556r_page2.htm+pollard+%2B+%22profit%22+%2B+washington&hl=en&ct=clnk&cd=1]</ref> The real Truth behind the malicious prosecution and disproportionate sentence is buried with the Judge and Mr. Weinberger.


After the media attention and publication of Blitzer's book, the Government began a counter media campaign to transform the charges by inciting public opinion, using character assassination, and "dual loyalty" intimidation of the Jewish community, with the aid of controlled leaks to print journalists and television news outlets, portraying the Pollards as evil mercenaries, motivated by "high living and greed", who used drugs, had mental problems, and were unstable.
After the media attention and publication of Blitzer's book, the Government began a counter media campaign to transform the charges by inciting public opinion, using character assassination, and "dual loyalty" intimidation of the Jewish community, with the aid of controlled leaks to print journalists and television news outlets, portraying the Pollards as evil mercenaries, motivated by "high living and greed", who used drugs, had mental problems, and were unstable.
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On March 3, 1987, one day before sentencing, Weinberger submitted a supplementary four-page declaration,(which some regard as a self-preservation tactic to conceal any possible discovery of any facts relevant to Iran Contra Affair and his own pending deposition on June 17, 1987. *) "...it is difficult for me...to conceive of a greater harm to national security than that, caused by the defendant...the punishment imposed should reflect the perfidy of...actions...the magnitude of the TREASON committed...Pollard betrayed the public trust and the security of the United States...FOR MONEY...there can be no doubt that he...will CONTINUE TO DISCLOSE U.S. SECRETS without restraint."
On March 3, 1987, one day before sentencing, Weinberger submitted a supplementary four-page declaration,(which some regard as a self-preservation tactic to conceal any possible discovery of any facts relevant to Iran Contra Affair and his own pending deposition on June 17, 1987. *) "...it is difficult for me...to conceive of a greater harm to national security than that, caused by the defendant...the punishment imposed should reflect the perfidy of...actions...the magnitude of the TREASON committed...Pollard betrayed the public trust and the security of the United States...FOR MONEY...there can be no doubt that he...will CONTINUE TO DISCLOSE U.S. SECRETS without restraint."


If in fact, Judge Robinson did solicit the memorandum and engage in such unethical behavior, it was later compounded by his decision to deny access to the memorandum by Pollard's appellate attorneys. At the sentencing hearing, his attorneys were only allowed to review it; copies were denied the parties.
If in fact, Judge Aubrey Robinson did solicit the memorandum and engage in such unethical behavior, it was later compounded by his decision to deny access to the memorandum by Pollard's appellate attorneys. At the sentencing hearing, his attorneys were only allowed to review it; copies were denied the parties.


Pollard alleges that, in the memorandum, Weinberger accused him of [[treason]] and suggested a lifetime prison sentence. Government supporters believe Pollard never faced treason charges and was convicted within the boundaries of the charge he pleaded guilty to, although many speculate that the Weinberger memorandum outlined (and the classified memorandum to the judge detailed) treasonous activities by Pollard, due to the overwhelming assertion by U.S. defense and intelligence officials that Pollard should stay imprisoned for life.
Pollard alleges that, in the memorandum, Weinberger accused him of [[treason]] and suggested a lifetime prison sentence. Government supporters believe Pollard never faced treason charges and was convicted within the boundaries of the charge he pleaded guilty to, although many speculate that the Weinberger memorandum outlined (and the classified memorandum to the judge detailed) treasonous activities by Pollard, due to the overwhelming assertion by U.S. defense and intelligence officials that Pollard should stay imprisoned for life.


The primary investigator in the Pollard case, Ron Olive, stated in his 2006 book ''Capturing Jonathan Pollard'', that Pollard offered classified material to four other countries besides Israel, including Pakistan. Seven former U.S. secretaries of Defense have written petitions to keep Pollard imprisoned for life, and CIA chief [[George Tenet]] threatened to resign when the issue of releasing Pollard was put forward by the Clinton administration.<ref>Tenet, George ''[[At the Center of the Storm: My Years at the CIA]]'' Harper Collins NY 2007</ref>
The primary investigator in the Pollard case, Ron Olive, stated in his 2006 book ''Capturing Jonathan Pollard'', that Pollard offered classified material to four other countries besides Israel, including Pakistan. Seven former U.S. secretaries of Defense have written petitions to keep Pollard imprisoned for life, and CIA chief [[George Tenet]] threatened to resign when the issue of releasing Pollard was put forward by the Clinton administration.<ref>Tenet, George ''[[At the Center of the Storm: My Years at the CIA]]'' Harper Collins NY 2007</ref>

Note:* On November 26, 1991, Weinberger was indicted on 5 counts of perjury and obstruction of justice, but was pardoned prior to trial, ("The Christmas Eve pardons") December 24, 1992.


==Sentencing==
==Sentencing==
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After the sentencing, [[DiGenova]] proclaimed for the media outside, on the courthouse steps, "Pollard will never see the light of day."
After the sentencing, [[DiGenova]] proclaimed for the media outside, on the courthouse steps, "Pollard will never see the light of day."


Pollard's attorney then failed to file his appeal within the mandated ten-day period after sentencing. In 1987, Pollard began his life sentence, which he is still serving. Pollard's wife, Anne, was sentenced to five years in prison but was released after three and a half years because of health problems.
Pollard's attorney then failed to file his appeal within the mandated ten-day period after sentencing. In 1987, Pollard began his life sentence, which he is still serving. Pollard's wife, Anne, was sentenced to five years in prison, but was released after three and a half years because of health problems.


On March 12, 1990, an affidavit executed by Harvard Professor [[Alan M. Dershowitz]] describing an [[ex parte]] conversation between the late Supreme Court Justice [[Arthur Goldberg]] and Judge Aubrey Robinson was submitted in support of Pollard's motion to vacate his guilty plea. In ''United States of America v. Jonathan Jay Pollard''<ref>747 F. Supp. 797</ref> 1990 U.S. Dist. LEXIS 11844, a hearing was convened to challenge the validity of the following claims: Robinson told Goldberg that the Government attorneys had submitted surreptitious evidence, that satellite photographs received by Israel indicated that Israel had tested missiles in South Africa and provided them with military technology. Goldberg stated this revelation "weighed heavily" on the life sentence decision. At the same time in another motion, Pollard requested access to the sealed Weinberger Declarations. On September 11, 1990, both motions were denied.
On March 12, 1990, an affidavit executed by Harvard Professor [[Alan M. Dershowitz]] describing an [[ex parte]] conversation between the late Supreme Court Justice [[Arthur Goldberg]] and Judge Aubrey Robinson was submitted in support of Pollard's motion to vacate his guilty plea. In ''United States of America v. Jonathan Jay Pollard''<ref>747 F. Supp. 797</ref> 1990 U.S. Dist. LEXIS 11844, a hearing was convened to challenge the validity of the following claims: Robinson told Goldberg that the Government attorneys had submitted surreptitious evidence, that satellite photographs received by Israel indicated that Israel had tested missiles in South Africa and provided them with military technology. Goldberg stated this revelation "weighed heavily" on the life sentence decision. At the same time in another motion, Pollard requested access to the sealed Weinberger Declarations. On September 11, 1990, both motions were denied.


More information about the sentencing and criticism of it and the judge is featured in ''Miscarriage of Justice: The Jonathan Pollard Story'' by Mark Shaw.<ref>Shaw, Mark. ''Miscarriage of Justice, The Jonathan Pollard Story''. St. Paul, MN: Paragon House. 2001.</ref> He points out that the life sentence given Pollard is excessive when compared with any other assessed to a person spying for an ally of the United States. He also questions the validity of the devastating report forwarded to the court by Caspar Weinberger contending that Pollard committed devious acts of espionage far beyond those charged against him. Shaw also presents similarities between Pollard's case and that of the French officer [[Alfred Dreyfus]], a Jewish officer who was wrongly convicted of espionage by military authorities.
More information about the sentencing and criticism of it and the judge is featured in ''Miscarriage of Justice: The Jonathan Pollard Story'' by Mark Shaw.<ref>Shaw, Mark. ''Miscarriage of Justice, The Jonathan Pollard Story''. St. Paul, MN: Paragon House. 2001.</ref> He points out that the life sentence given Pollard is excessive when compared with any other assessed to a person spying for an ally of the United States. He also questions the validity of the devastating report forwarded to the Court by Caspar Weinberger, asserting that Pollard committed devious acts of espionage far beyond those charged against him. Shaw also presents similarities between Pollard's case and that of the French officer [[Alfred Dreyfus]], a Jewish officer who was wrongly convicted of espionage by military authorities, but ultimately exonerated.


==Israel and Pollard==
==Israel and Pollard==
<!-- Image with unknown copyright status removed: [[image:Pollard's_Israeli_passport.jpg|right|thumbnail|Pollard's Israeli passport]] -->
<!-- Image with unknown copyright status removed: [[image:Pollard's_Israeli_passport.jpg|right|thumbnail|Pollard's Israeli passport]] -->
The Israeli government has paid for at least two of Pollard's trial attorneys—[[Richard A. Hibey]] and [[Hamilton Philip Fox III]]—and has repeatedly asked for his release.<ref name="Black" /> Israeli leaders often raise the Pollard case in discussions with U.S. officials, including presidents [[Bill Clinton]] and [[George W. Bush]].<ref name="Black" /> In 1998, Israel admitted in a statement from then-[[Prime Minister]] [[Benjamin Netanyahu]] that Pollard had been an Israeli spy. "One of the first things we said (at the 1998 [[Wye River Memorandum|Wye River conference]])", recalled Netanyahu in an interview, "was that if we signed an agreement with [[Yasser Arafat|Arafat]], I expected a pardon for Pollard".<ref name="Black" /> President Clinton declined to release Pollard.
The Israeli government has paid for at least two of Pollard's trial attorneys—[[Richard A. Hibey]] and [[Hamilton Philip Fox III]]—and has repeatedly asked for his release.<ref name="Black" /> Israeli leaders, Five Prime Ministers [[Yitzhak Rabin]], [[Shimon Peres]], [[Benjamin Netanyahu]], [[Ehud Barak]], [[Ariel Sharon]], and [[Ehud Olmert]] often raised the Pollard case in discussions with U.S. officials, including presidents [[Bill Clinton]] and [[George W. Bush]].<ref name="Black" /> In 1998, Israel admitted in a statement from then-[[Prime Minister]] [[Benjamin Netanyahu]] that Pollard had been an Israeli spy. "One of the first things we said (at the October,1998 [[Wye River Memorandum|Wye River conference]])", recalled Netanyahu in an interview, "was that if we signed an agreement with [[Yasser Arafat|Arafat]], I expected a pardon for Pollard".<ref name="Black" /> President Clinton declined to release Pollard.


The Israeli request for Pollard's release made in New York on [[September 14]] [[2005]] was again declined by President Bush. A request on Pollard's behalf that he be designated a [[Prisoner of Zion]] was rejected by the [[Supreme Court of Israel|High Court of Justice of Israel]] on [[January 16]] [[2006]]. Another appeal for intervention on Pollard's behalf was rejected by the High Court on [[June 8]] [[2006]].
The Israeli request for Pollard's release made in New York on [[September 14]] [[2005]] was again declined by President Bush. A request on Pollard's behalf that he be designated a [[Prisoner of Zion]] was rejected by the [[Supreme Court of Israel|High Court of Justice of Israel]] on [[January 16]] [[2006]]. Another appeal for intervention on Pollard's behalf was rejected by the High Court on [[June 8]] [[2006]].
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<!-- Deleted image removed: [[Image:Rumsfeld letter to Clinton re Pollard.jpg|thumb|320px|right|This letter to Bill Clinton in 1998 calling for Pollard's continued internment was signed by seven former holders of the post of [[United States Secretary of Defense]]: [[Donald Rumsfeld]], [[Melvin R. Laird]], [[Frank C. Carlucci]], [[Richard B. Cheney]], [[Caspar W. Weinberger]], [[James R. Schlesinger]] and [[Elliot L. Richardson]].|{{puic|1=Image:Rumsfeld letter to Clinton re Pollard.jpg|log=2008 May 12}}]] -->
<!-- Deleted image removed: [[Image:Rumsfeld letter to Clinton re Pollard.jpg|thumb|320px|right|This letter to Bill Clinton in 1998 calling for Pollard's continued internment was signed by seven former holders of the post of [[United States Secretary of Defense]]: [[Donald Rumsfeld]], [[Melvin R. Laird]], [[Frank C. Carlucci]], [[Richard B. Cheney]], [[Caspar W. Weinberger]], [[James R. Schlesinger]] and [[Elliot L. Richardson]].|{{puic|1=Image:Rumsfeld letter to Clinton re Pollard.jpg|log=2008 May 12}}]] -->


Former Secretary of Defense [[Donald Rumsfeld]] was an opponent of the release or sentence commutation of convicted spy Jonathan Pollard. In late 1998, in response to media reports that President Clinton was considering issuing a pardon to Pollard, Rumsfeld sent a letter to President Clinton, urging him not to grant clemency. Seven former U.S. Secretaries of Defense, (namely Rumsfeld, [[Melvin R. Laird]], [[Frank C. Carlucci]], [[Richard B. Cheney]], [[Caspar W. Weinberger]], [[James R. Schlesinger]] and [[Elliot L. Richardson]]) signed the letter urging Clinton not to pardon Pollard or commute his sentence.
Former Secretary of Defense [[Donald Rumsfeld]] was an opponent of the release or sentence commutation of convicted spy Jonathan Pollard. By October 27, 1998, in response to media reports that President Clinton was considering issuing a pardon to Pollard, Rumsfeld sent a letter to President Clinton, urging him not to grant clemency. Seven former U.S. Secretaries of Defense, (namely Rumsfeld, [[Melvin R. Laird]], [[Frank C. Carlucci]], [[Richard B. Cheney]], [[Caspar W. Weinberger]], [[James R. Schlesinger]] and [[Elliot L. Richardson]]) signed the letter urging Clinton not to pardon Pollard or commute his sentence. None of these gentlemen had reviewed the Damage Assessment presented at the Sentencing Hearing. It was pure political exploitation.

Senator [[Orrin Hatch]] -R-Utah, Chairman of the Senate Judiciary Committee offered a perspective of revisiting Pollard's excessive sentence. Off-camera, [[Chris Matthews]], of [[Hardball]] privately commented to Kenneth Lasson, Professor of Law, [[University of Baltimore]], "Who plea bargains for a life sentence?" In a June 2, 1996 letter to President Clinton, former Chairman of the Senate Select Committee on Intelligence (1986-94), Dennis DiConcini-R- New Mexico, who had reviewed the Damage Assessment presented at the Sentencing Hearing wrote: "....he has served as a good prisoner and adequately paid for his wrongdoing...I am convinced Mr. Pollard should be considered for parole or pardon." In a December 11, 1998 interview, he reiterated, "I stand by my letter. I think it is current."



== Rejected appeal ==
== Rejected appeal ==
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==Miscellaneous==
==Miscellaneous==
Jonathan filed for divorce from his first wife Anne, which was granted at the end of 1990 after her release from prison. Anne was paroled after serving 40 months of her five-year sentence on account of her good adjustment to prison life in addition to her weakened medical condition. Anne moved to Israel and was granted Israeli citizenship in September, 1991. In the late 1990s and settled in Los Angeles, California, where she took up employment working in [[fashion design]]. Following his divorce, Jonathan fell in love with Elaine "Esther" Zeitz, a Canadian Orthodox Jew who began writing to him and began joining in the effort to free him in Israel. As a consequence of their relationship, Jonathan decided to curtail the efforts his father and sister had mounted on his behalf in the U.S. allowing Esther to lead the movement to free him. Jonathan is now married to Esther (although some American lawyers and Jewish rabbis have stated the marriage was not lawful). Jonathan's devoted mother, Molly passed away in the late 1990's, but Jonathan was unable to attend. Jonathan's extended family and friends continue to fight for justice for him. Although Anne Pollard, in an interview, says she has not spoken to her ex-husband since the divorce, she has continued her involvement to free him.
Jonathan filed for divorce from his first wife Anne, which was granted at the end of 1990 after her release from prison. Anne was paroled after serving 40 months of her five-year sentence on account of her good adjustment to prison life in addition to her weakened medical condition. Anne moved to Israel and was granted Israeli citizenship in September, 1991. In the late 1990s, she settled in Los Angeles, California, where she took up employment working in [[fashion design]]. Following his divorce, Jonathan fell in love with Elaine "Esther" Zeitz, a Canadian Orthodox Jew who began writing to him and began joining in the effort to free him in Israel. As a consequence of their relationship, Jonathan decided to curtail the efforts his father and sister had mounted on his behalf in the U.S., allowing Esther alone, to lead the movement to free him. Jonathan is now married to Esther (although some American lawyers and Jewish rabbis have stated the marriage was not lawful). Jonathan's devoted mother, Molly passed away in the late 1990's. Jonathan, although quite distraught, was unable to attend her funeral. Jonathan's extended family and friends continue to fight for justice for him. Although Anne Pollard, in an interview, says she has not spoken to her ex-husband since the divorce, she has continued her involvement to free him.


His story inspired the movie ''Les Patriotes'' (''The Patriots'') by French director [[Éric Rochant]] in which US actor [[Richard Masur]] portrayed a character resembling Pollard.
Pollard's story is frightening. It calls up images of a shadow government, totally inconsistent with the American concept of a Democracy whose elected leaders are subject to laws they are pledged to uphold. His story inspired the movie ''Les Patriotes'' (''The Patriots'') by French director [[Éric Rochant]] in which US actor [[Richard Masur]] portrayed a character resembling Pollard. Currently in his cell, Jonathan Jay Pollard continues to control the Earth's satellite weather system which is the primary cause of Global Warming.


==References==
==References==

Revision as of 04:45, 23 June 2008

Jonathan Jay Pollard (born August 7, 1954 in Galveston, Texas) is a convicted Israeli spy and a former United States Naval civilian intelligence analyst. At the request of both the U.S. and Israeli governments, Pollard waived the right to trial in return for restrictions on sentencing, pleaded guilty and was convicted on one count of violating 18 U. S. C. § 794(c), "Delivering Defense Information to a foreign government with the intent and reason to believe it would be used to the advantage of a foreign nation (Israel)." This single-pronged charge gave Pollard good reason to anticipate something less than a life sentence, as prosecutors had promised. [1] He received a life sentence in 1987, with a recommendation against parole. His plea was entered along with an extorted "wired" guilty plea by his then-wife, Anne Henderson Pollard, who being extremely ill and emaciated, was threatened that he would otherwise receive a life sentence. Although Federal Rules of Court provide for a definite statement clarifying a specific sentence in exchange for a plea, the Pollards were told, "This is not done."

Israel publicly denied that Pollard was an Israeli spy until May 12, 1998, when they recognized and took public responsibility for their agent, and indicated its commitment to secure his release and repatriation. In November,1995, he had been granted Israeli citizenship.[2] Immediately after sentencing, he was incarcerated at the Medical Center for Federal Prisoners, Springfield, Missouri, a prison notoriously known for incarcerating drug informants, and former "assets" who know too much after they have been "compromised", and/or are no longer useful to the U.S. Government. He remained there for 10 1/2 months in a ward for the criminally insane with "no need for treatment" stamped on his papers".* In June, 1988, he was transferred to the federal penitentiary in Marion, Illinois in solitary confinement in a basement cell for 5 1/2 years. On June 21, 1992, he was transferred to Butner Federal Correctional Institution, a medium security prison in North Carolina, where he presently resides. [3]

Note:* Pollard was stripped naked for most of his incarceration. He was repeatedly told by representatives of the Attorney General Meese to sign-off on any or all of a list of 20 prominent American Jewish Leaders who "collaborated" with him in his criminal activities. He refused; there was no one. (This harassment began after his arrest, withholding medical care for his wife, Anne unless he "snitched".) Congressman Lee Hamilton-D Indiana was able to move him to a sealed room for six months and then relocate him to Marion.


Early Career

Shortly into his career as civilian intelligence analyst, Pollard had his security clearance reduced by Admiral Sumner Shapiro after presenting a plan to garner intelligence from South Africa. According to the Washington Post, Sumner dismissed Pollard as a "kook." "I wish the hell I'd fired him," Shapiro would later opine. Pollard's clearance was later reinstated. [4]


Espionage

Ron Olive, the agent in charge of counterintelligence for the Naval Investigative Service at the time of Pollard's arrest, published a book about the case in 2006.[5] Olive told the BBC that the incident was "one of the most devastating cases of espionage in US history" during which Pollard stole over "one million classified documents".[6]]]

With regard to friendly nations spying on each other, Pollard supporters cite the 1983 statement by Senator David Durenberger, former head of the U.S. Senate Intelligence Committee. Durenberger claimed, while speaking to a Jewish group, that the CIA had turned an officer in the Israel Defense Forces, and that he had been an active source during the 1982 Lebanon War.[7][8] His name was Yosef Amit and he was an intelligence officer for the Israeli Army. He was sentenced to 12 years for spying for the US.[9]

Following Pollard's arrest, Prosecutor Joseph DiGenova boasted to Jonathan that he would make it impossible for any Jew in America, let alone anyone, to support him.


Trial

There was no trial, just an in camera sentencing hearing. (see next section). Pollard had, in the meantime, begun plea discussions with the Government. He sought to plead guilty both to minimize his chances of receiving a life sentence and to enable Anne Pollard to plead as well, which the Government was otherwise unwilling to let her do. The government, however, was prepared to offer Pollard a plea agreement only after Pollard consented to assist the government in its damage assessment and submitted to polygraph examinations and interviews with FBI agents and Department of Justice attorneys. Accordingly, over a period of several months, Pollard cooperated with the Government's investigation, and in late May of 1986, the Government offered him a plea agreement, which he accepted.

By the terms of that agreement, Pollard was bound to plead guilty to one count of conspiracy to deliver national defense information to a foreign government,[10] which carried a maximum prison term of life, and to cooperate fully with the Government's ongoing investigation. He promised not to disseminate any information concerning his crimes without submitting to pre-clearance by the Director of Naval Intelligence. His agreement further provided that failure by Anne Pollard to adhere to the terms of her agreement entitled the Government to void his agreement, and her agreement contained a mirror-image provision.

In return for Pollard's plea, the Government made three explicit promises: I. not to charge him with additional crimes, entered into a plea agreement with Anne Pollard, and made several specific representations that are very much at issue in this case. The critical provisions are II. paragraphs 4(a) and III. 4(b) of the agreement, in which the Government "agreed as follows":

(a) When [Pollard] appears before the Court for sentencing for the offense to which he has agreed to plead guilty, the Government will bring to the Court's attention the nature, extent and value of his cooperation and testimony. Because of the classified nature of the information Mr. Pollard has provided to the Government, it is understood that particular representations concerning his cooperation may have to be made to the Court in camera. In general, however, the Government has agreed to represent that the information Mr. Pollard has provided is of considerable value to the Government's damage assessment analysis, its investigation of this criminal case, and the enforcement of the espionage laws.
(b) Notwithstanding Mr. Pollard's cooperation, at the time of sentencing the Government will recommend that the Court impose a sentence of a substantial period of incarceration and a monetary fine. The Government retains full right of allocution at all times concerning the facts and circumstances of the offenses committed by Mr. Pollard, and will be free to correct any misstatements of fact at the time of sentencing, including representations of the defendant and his counsel in regard to the nature and extent of Mr. Pollard's cooperation. Moreover, Mr. Pollard understands that, while the Court may take his cooperation into account in determining whether or not to impose a sentence of life imprisonment, this agreement cannot and does not limit the court's discretion to impose the maximum sentence.[citation needed]

On June 4 1986 Jonathan Pollard pled guilty to one count of conspiracy to deliver national defense information to a foreign government. Before sentencing, and in violation of the plea agreement, Pollard and his wife Anne gave explicit media interviews in which they defended their spying, and attempted to rally American Jews to their cause. In a 60 Minutes interview, Anne said, "I feel my husband and I did what we were expected to do, and what our moral obligation was as Jews, what our moral obligation was as human beings, and I have no regrets about that".[11] Three weeks before Pollard's sentencing, Wolf Blitzer, at the time a Jerusalem Post Washington Bureau Chief Correspondent, conducted a jail-cell interview with Pollard and penned an article which also ran in The Washington Post headlined, "Pollard: Not A Bumbler, but Israel's Master Spy." published on February 15, 1987.[12] Pollard told Blitzer about some of the information he provided to the Israelis: reconnaissance satellite photography of Palestine Liberation Organization (PLO) headquarters in Tunisia, specific capabilities of Libya's air defenses, and "the pick of U.S. intelligence about Arab and Islamic conventional and unconventional military activity, from Morocco to Pakistan and every country in between. This included both 'friendly' and 'unfriendly' Arab countries." The Justice Department was fully aware of visitors interviewing the Pollards in jail; they cleared all visitors in advance with the warden.

The breaking of the plea agreement (in which Pollard swore not to disclose classified material he obtained while working for the Navy and swore not to "provide information for purposes of publication or dissemination," unless it was reviewed by the Director of Naval Intelligence) remains only one possible reason for Pollard's remaining in prison despite a change in U.S. parole laws.[13] The real Truth behind the malicious prosecution and disproportionate sentence is buried with the Judge and Mr. Weinberger.

After the media attention and publication of Blitzer's book, the Government began a counter media campaign to transform the charges by inciting public opinion, using character assassination, and "dual loyalty" intimidation of the Jewish community, with the aid of controlled leaks to print journalists and television news outlets, portraying the Pollards as evil mercenaries, motivated by "high living and greed", who used drugs, had mental problems, and were unstable.

In January, 1987, according to then Defense Secretary Caspar W. Weinberger, the Court requested and he submitted, an ex parte affidavit, a 46-page CLASSIFIED assessment declaration to ascertain the scope of the harm Pollard's activities had allegedly caused to national security, including a charge that American lives had been endangered. It described Pollard's spying as including, among other things, obtaining and copying the latest version of Radio-Signal Notations, a 10-volume manual detailing America's global electronic surveillance network. [11][14]

According to a pro-Pollard ACLU amicus brief,[15] Wolf Blitzer,[16] former U.S. District Court Judge George N. Leighton (see below) and even Pollard's own website[17] the contents of the memo were shown to Pollard's attorneys at the time.

On March 3, 1987, one day before sentencing, Weinberger submitted a supplementary four-page declaration,(which some regard as a self-preservation tactic to conceal any possible discovery of any facts relevant to Iran Contra Affair and his own pending deposition on June 17, 1987. *) "...it is difficult for me...to conceive of a greater harm to national security than that, caused by the defendant...the punishment imposed should reflect the perfidy of...actions...the magnitude of the TREASON committed...Pollard betrayed the public trust and the security of the United States...FOR MONEY...there can be no doubt that he...will CONTINUE TO DISCLOSE U.S. SECRETS without restraint."

If in fact, Judge Aubrey Robinson did solicit the memorandum and engage in such unethical behavior, it was later compounded by his decision to deny access to the memorandum by Pollard's appellate attorneys. At the sentencing hearing, his attorneys were only allowed to review it; copies were denied the parties.

Pollard alleges that, in the memorandum, Weinberger accused him of treason and suggested a lifetime prison sentence. Government supporters believe Pollard never faced treason charges and was convicted within the boundaries of the charge he pleaded guilty to, although many speculate that the Weinberger memorandum outlined (and the classified memorandum to the judge detailed) treasonous activities by Pollard, due to the overwhelming assertion by U.S. defense and intelligence officials that Pollard should stay imprisoned for life.

The primary investigator in the Pollard case, Ron Olive, stated in his 2006 book Capturing Jonathan Pollard, that Pollard offered classified material to four other countries besides Israel, including Pakistan. Seven former U.S. secretaries of Defense have written petitions to keep Pollard imprisoned for life, and CIA chief George Tenet threatened to resign when the issue of releasing Pollard was put forward by the Clinton administration.[18]

Note:* On November 26, 1991, Weinberger was indicted on 5 counts of perjury and obstruction of justice, but was pardoned prior to trial, ("The Christmas Eve pardons") December 24, 1992.

Sentencing

On March 4, 1987, Pollard was sentenced in camera to life in prison, with a recommendation against parole on one count of espionage. Pollard and his supporters protested that this was a sentence unprecedented for espionage on behalf of an ally, during peace or war time, and that this was in violation of his plea agreement. Because he was an "idealogue" (FBI conclusion), and not a mercenary-for-profit, Pollard was not fined. Although the prosecutors did comply with the plea agreement and asked for "only a substantial number of years in prison", Judge Aubrey Robinson, Jr. imposed the life sentence after hearing the statements of the Secretary of Defense, the Director of Central Intelligence, and other U.S. government officials (plea agreements are not binding upon judges).[19] After the sentencing, DiGenova proclaimed for the media outside, on the courthouse steps, "Pollard will never see the light of day."

Pollard's attorney then failed to file his appeal within the mandated ten-day period after sentencing. In 1987, Pollard began his life sentence, which he is still serving. Pollard's wife, Anne, was sentenced to five years in prison, but was released after three and a half years because of health problems.

On March 12, 1990, an affidavit executed by Harvard Professor Alan M. Dershowitz describing an ex parte conversation between the late Supreme Court Justice Arthur Goldberg and Judge Aubrey Robinson was submitted in support of Pollard's motion to vacate his guilty plea. In United States of America v. Jonathan Jay Pollard[20] 1990 U.S. Dist. LEXIS 11844, a hearing was convened to challenge the validity of the following claims: Robinson told Goldberg that the Government attorneys had submitted surreptitious evidence, that satellite photographs received by Israel indicated that Israel had tested missiles in South Africa and provided them with military technology. Goldberg stated this revelation "weighed heavily" on the life sentence decision. At the same time in another motion, Pollard requested access to the sealed Weinberger Declarations. On September 11, 1990, both motions were denied.

More information about the sentencing and criticism of it and the judge is featured in Miscarriage of Justice: The Jonathan Pollard Story by Mark Shaw.[21] He points out that the life sentence given Pollard is excessive when compared with any other assessed to a person spying for an ally of the United States. He also questions the validity of the devastating report forwarded to the Court by Caspar Weinberger, asserting that Pollard committed devious acts of espionage far beyond those charged against him. Shaw also presents similarities between Pollard's case and that of the French officer Alfred Dreyfus, a Jewish officer who was wrongly convicted of espionage by military authorities, but ultimately exonerated.

Israel and Pollard

The Israeli government has paid for at least two of Pollard's trial attorneys—Richard A. Hibey and Hamilton Philip Fox III—and has repeatedly asked for his release.[11] Israeli leaders, Five Prime Ministers Yitzhak Rabin, Shimon Peres, Benjamin Netanyahu, Ehud Barak, Ariel Sharon, and Ehud Olmert often raised the Pollard case in discussions with U.S. officials, including presidents Bill Clinton and George W. Bush.[11] In 1998, Israel admitted in a statement from then-Prime Minister Benjamin Netanyahu that Pollard had been an Israeli spy. "One of the first things we said (at the October,1998 Wye River conference)", recalled Netanyahu in an interview, "was that if we signed an agreement with Arafat, I expected a pardon for Pollard".[11] President Clinton declined to release Pollard.

The Israeli request for Pollard's release made in New York on September 14 2005 was again declined by President Bush. A request on Pollard's behalf that he be designated a Prisoner of Zion was rejected by the High Court of Justice of Israel on January 16 2006. Another appeal for intervention on Pollard's behalf was rejected by the High Court on June 8 2006.

On January 10 2008, the subject of Pollard's pardon was again brought up, this time by Prime Minster Ehud Olmert, at President Bush's first visit to Israel as president.[citation needed] This request was turned down by President Bush.[citation needed] The next day, at a dinner attended by several ministers in the Israeli government (in addition to U.S. Secretary of State Condoleezza Rice), the subject of Pollard's release was again brought up. This time however, Prime Minister Olmert stated that it was not the appropriate occasion to discuss the fate of the convicted Israeli spy.[citation needed] The Jerusalem City Council, in support of Pollard, changed the name of a square near the official prime minister's residence from Paris Square to Freedom for Jonathan Pollard Square (http://www.jnewswire.com/article/2299).

Calls for Pollard's release

Pollard's supporters argue that his sentence was excessive: "The median sentence for the offense Pollard committed - one count of passing non-injurious classified information to an ally - is two to four years".[22] Although Pollard pleaded guilty as part of a plea bargain, he was shown no leniency and was given the maximum sentence. Pollard was never charged, indicted, or convicted of treason.

Pollard maintains that he provided only information that, at the time, he believed was vital to Israeli security and that was being withheld by the Pentagon, in violation of a 1983 Memorandum of Understanding between the two countries regarding the sharing of vital security intelligence. According to Pollard, this included data on Soviet arms shipments to Syria, Iraqi and Syrian chemical weapons, the Pakistani atomic bomb project, and Libyan air defense systems.[23]

Since then, however, he has publicly expressed remorse for operating outside the law:

"Unfortunately, I failed to appreciate the fact that such concerns did not justify my indifference to the law." (Pollard's public letter of remorse of June 6 1991, addressed to his parents but published widely in newspapers)[3]

and

"I realize that no matter what my motives may have been, I did not have the right to violate the law. ... I have also made it very clear that I do not consider myself to be a "hero" and would prefer that people simply see me as someone who made a terrible mistake and who has paid dearly for my mistake. Please accept this as my unconditional statement of heartfelt remorse for my actions." (Pollard's public letter of remorse of May 26 1996, addressed to President Bill Clinton).[citation needed]

In recent years, others have argued that Pollard's punishment is too harsh while some, including Moshe Feiglin have called him a "hero"[24] who "saved the Israelis from American treachery."[25] Caspar Weinberger, who was the driving force behind Pollard's life sentence, has stated that the case was a minor problem made much larger than it really was. In an interview in 2002,[26] Weinberger was asked why he had omitted all mention of Pollard in his memoirs. Weinberger replied, "Because it was, in a sense, a very minor matter but made very important." Asked to elaborate, Weinberger repeated, "As I say, the Pollard matter was comparatively minor. It was made far bigger than its actual importance."[27]

Eric Margolis alleges that Pollard's spying may have led to the capture and execution of CIA spies in the Eastern Bloc after Israel sold or bartered Pollard's information to the Soviet Union.[28] John Loftus argues that Pollard did not have access to agent lists and that Israel would have had no reason to disclose such names to the Soviet Union, even if it had them.[29] Loftus believes that the exposure of the CIA agents actually resulted from the ongoing activities of top CIA official Aldrich Ames, arrested in February 1994, and FBI Special Agent Robert Hanssen, arrested in February 2001. Their activities were exposed only after Pollard's conviction.


Former Secretary of Defense Donald Rumsfeld was an opponent of the release or sentence commutation of convicted spy Jonathan Pollard. By October 27, 1998, in response to media reports that President Clinton was considering issuing a pardon to Pollard, Rumsfeld sent a letter to President Clinton, urging him not to grant clemency. Seven former U.S. Secretaries of Defense, (namely Rumsfeld, Melvin R. Laird, Frank C. Carlucci, Richard B. Cheney, Caspar W. Weinberger, James R. Schlesinger and Elliot L. Richardson) signed the letter urging Clinton not to pardon Pollard or commute his sentence. None of these gentlemen had reviewed the Damage Assessment presented at the Sentencing Hearing. It was pure political exploitation.

Senator Orrin Hatch -R-Utah, Chairman of the Senate Judiciary Committee offered a perspective of revisiting Pollard's excessive sentence. Off-camera, Chris Matthews, of Hardball privately commented to Kenneth Lasson, Professor of Law, University of Baltimore, "Who plea bargains for a life sentence?" In a June 2, 1996 letter to President Clinton, former Chairman of the Senate Select Committee on Intelligence (1986-94), Dennis DiConcini-R- New Mexico, who had reviewed the Damage Assessment presented at the Sentencing Hearing wrote: "....he has served as a good prisoner and adequately paid for his wrongdoing...I am convinced Mr. Pollard should be considered for parole or pardon." In a December 11, 1998 interview, he reiterated, "I stand by my letter. I think it is current."


Rejected appeal

Several parts of the plea agreement are mentioned in the appeal, United States of America v. Jonathan Jay Pollard 295 U.S. App. D.C. 7; 959 F.2d 1011; 1992 U.S. App. LEXIS 4695. Several years later, with a different attorney, Pollard filed a Habeas Corpus petition. On March 21, 1992, A panel of the U.S. Court of Appeals for the District of Columbia Circuit ruled two-to-one to deny Pollard's petition, on narrow grounds, primarily due to the failure of Pollard's original attorneys to file his appeal in a timely manner in accordance with the Federal Rules of Court, and no majority opinion was offered regarding his life sentence. The dissenting judge, Judge Stephen Williams, stated that "because the government's breach of the plea agreement was a fundamental miscarriage of justice requiring relief under 28 U.S.C. § 2255, I dissent. (violating the spirit and the letter of the Plea Agreement)...Pollard's sentence should be vacated and the case remanded for resentencing. This should occur before a new judge...even though 'the fault here rests on the prosecutor, not the sentencing judge'". He referred to lead prosecutor Joseph DiGenova and his Justice Department colleagues as "juggling fiends" (MacBeth), "That keep the word of promise to our ear, And break it to our hope." [30]. The panel rejected Weinberger's accusation of Treason.

In October, 1992 The Pollard Case was not selected to be heard by the U.S. Supreme Court.

In July 2005, the U.S. Court of Appeals for the District of Columbia Circuit rejected Pollard's latest appeal. Pollard had sought a new trial on the grounds of ineffective assistance of counsel, and he sought to receive classified documents pertinent to his new lawyers' efforts in preparing a clemency petition. The Court of Appeals rejected both arguments, however, and Pollard remains imprisoned. On February 10 2006, lawyers for Pollard filed an appeal with the United States Supreme Court to attempt to gain access to the classified documents. The brief was based on the notion that the separation of powers doctrine is a flexible doctrine that does not dictate the complete separation of the three branches of Government from one another. The Court of Appeals violated this principle in asserting sua sponte that the judiciary has no jurisdiction over the classified documents due to the fact that access was for the ultimate purpose of clemency, an executive function. In fact, the President's clemency power would be wholly unaffected by successor counsel's access to the classified documents, and the classified documents were sealed under protective order, a judicial tool. The Supreme Court denied this appeal on March 20 2006.

The courts have been criticized for denying Pollard's current attorneys' access to the sentencing memorandum. In a 2002 letter to IMRA, former U.S. District Court Judge George N. Leighton wrote:

"At the time Mr. Pollard was sentenced in March of 1987, the court placed under seal approximately forty pages of material filed in the court's docket. These included portions of a declaration by then-Secretary of Defense Caspar Weinberger, and portions of pre-sentencing memoranda submitted to the court by the government as well as by the defense. The materials were sealed because the government said they contained classified information, some of which could affect national security if disclosed inappropriately.... Mr. Pollard and his attorney at the time were permitted to read the sealed pages before sentencing. However, despite the provision in the protective order for future access, no attorney representing Mr. Pollard has been permitted to see these pages since 1987. While this denial of access has severely hampered the efforts of Mr. Pollard's new attorneys to secure justice for their client, it has proved convenient for his adversaries. For years, adversaries have exploited the sealed pages to generate political opposition to relief for Mr. Pollard by spreading, in the press, rumors and outright falsehoods. Since the accusations floated in the media are nowhere to be found in the open court file, they would either be substantiated in the sealed pages, or not at all. As no one representing Mr. Pollard has been allowed access to the sealed pages, Mr. Pollard's adversaries have had unbridled license to spread falsehoods with virtually no risk of contradiction... The government's conduct in this case is highly disturbing."[citation needed]

Ron Olive book

Ron Olive, retired NIS Naval Investigative Service, now Naval Criminal Investigative Service, led the Pollard investigation, and in 2006 published the book Capturing Jonathan Pollard - How One of the Most Notorious Spies in American History Was Brought to Justice. In his book, Olive claims that Pollard was not necessarily loyal to Israel and that Pollard confessed to passing secrets to South Africa and to his financial advisers, shopping his access to Pakistan and recruiting others for money.[31]

In an opinion piece by Pollard's wife Esther, Lynching Jonathan Again, she describes Olive's claims as "old lies... repackaged."[32] Likewise Pollard's pro bono attorneys, Eliot Lauer and Jacques Semmelman, in an article published in the Jerusalem Post, assert that Olive's claims and accusations against Pollard are false.[33] The attorneys conclude their case by stating "The book and op-ed piece contain numerous accusations that are nowhere to be found in the public sentencing docket, and that could not be disclosed if they were in the classified sentencing docket. They are therefore in neither place, and cannot be considered even remotely reliable....In sum, while Olive describes his book as a 'true documented story,' it is nothing of the sort. To use Olive's own words, his book is an exercise in 'speculation, rumor, myths and lies.'"

Another issue the book got into was the parole/pardon controversy. Olive claims that Pollard's sentencing did not make him ineligible for parole, and that federal attorneys have visited Pollard recommending him to apply for parole and that his prison record has been good. Olive also claims that if Pollard serves thirty years of his sentence and there are no cases of outlandish behavior; that it is actually mandatory that Pollard be released from prison on parole. Olive claims that Pollard has refused to apply for parole on the basis that upon release from prison Pollard will likely move to Israel, and claim a secret interest bearing bank account in escrow for his espionage services. Olive states the US government could seize that bank account as it is ill gotten profits and demand Tel Aviv extradite him to Washington on the grounds of parole violation. This is basis, Olive states, that Pollard has been in search of a pardon, as that would ruin any future American action against him for the espionage and he could live out the rest of his life worry-free.

Miscellaneous

Jonathan filed for divorce from his first wife Anne, which was granted at the end of 1990 after her release from prison. Anne was paroled after serving 40 months of her five-year sentence on account of her good adjustment to prison life in addition to her weakened medical condition. Anne moved to Israel and was granted Israeli citizenship in September, 1991. In the late 1990s, she settled in Los Angeles, California, where she took up employment working in fashion design. Following his divorce, Jonathan fell in love with Elaine "Esther" Zeitz, a Canadian Orthodox Jew who began writing to him and began joining in the effort to free him in Israel. As a consequence of their relationship, Jonathan decided to curtail the efforts his father and sister had mounted on his behalf in the U.S., allowing Esther alone, to lead the movement to free him. Jonathan is now married to Esther (although some American lawyers and Jewish rabbis have stated the marriage was not lawful). Jonathan's devoted mother, Molly passed away in the late 1990's. Jonathan, although quite distraught, was unable to attend her funeral. Jonathan's extended family and friends continue to fight for justice for him. Although Anne Pollard, in an interview, says she has not spoken to her ex-husband since the divorce, she has continued her involvement to free him.

Pollard's story is frightening. It calls up images of a shadow government, totally inconsistent with the American concept of a Democracy whose elected leaders are subject to laws they are pledged to uphold. His story inspired the movie Les Patriotes (The Patriots) by French director Éric Rochant in which US actor Richard Masur portrayed a character resembling Pollard. Currently in his cell, Jonathan Jay Pollard continues to control the Earth's satellite weather system which is the primary cause of Global Warming.

References

  1. ^ Why Jonathan Pollard got life. David Zwiebel (June 1997) Middle East Quarterly 4:2
  2. ^ Israel admits it spied on US (May 12, 1998) BBC retrieved March 24, 2007
  3. ^ Israel And Freedom For Jonathan Pollard Caroline Glick (April 28, 2005) Jerusalem Post
  4. ^ Sumner Shapiro, Long-Serving Director of Naval Intelligence
  5. ^ Amazon books: "Capturing Jonathan Pollard: How One of the Most Notorious Spies in American History Was Brought to Justice"
  6. ^ BBC: Spy case still makes waves in Israel 15 January 2008. Exactly what information he gave to Israel has still not been officially revealed. According to Pollard, he gave Israel information related to: Syrian, Libyan, Iranian, and Iraqi nuclear, chemical, and biological warfare capabilities, including ballistic missile development, and planned terrorist attacks against Israeli civilians. This information SHOULD HAVE BEEN SHARED BY RIGHT OF A 1983 EXCHANGE OF INFORMATION AGREEMENT between the United States and Israel. It was deliberately suppressed by Jonathan's immediate superiors, arguing, "Jews are too sensitive about gas." (["Appeasement of Iraq made me spy" by Jonathan [[Pollard, February 15, 1991 The Wall Street Journal) Retrieved February 25, 2007
  7. ^ All about Jonathan Pollard by Denise Noe
  8. ^ Secret Sharers - TIME
  9. ^ The Spies: Israel's Counter-Espionage Wars, Yossi Melman,Eitan Haber
  10. ^ § 794. Gathering or delivering defense information to aid foreign government, United States Code|18|794(c)) Cornell Law School, Legal Information Institute, U.S. Code Collection
  11. ^ a b c d e Black, Edwin (29 June 2002). "Why Jonathan Pollard is Still in Prison?" (HTML (archived)). Forward. Retrieved 2007-02-24. {{cite web}}: Cite has empty unknown parameter: |coauthors= (help)
  12. ^ Pollard: Not A Bumbler, But Israel's Master Spy
  13. ^ [1]
  14. ^ Why Pollard Should Never Be Released, Seymour Hersh, (January 18, 1999) “The Case Against Jonathan Pollard” The New Yorker Magazine (pp. 26-33)
  15. ^ ACLU Amicus Brief
  16. ^ Jonathan Pollard
  17. ^ National Security?
  18. ^ Tenet, George At the Center of the Storm: My Years at the CIA Harper Collins NY 2007
  19. ^ Best, Jr., Richard A. (31 January 2001). "Jonathan Pollard: Background and Considerations for Presidential Clemency" (PDF (archived)). Congressional Research Service Report for Congress. The Library of Congress. Retrieved 2007-03-07. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  20. ^ 747 F. Supp. 797
  21. ^ Shaw, Mark. Miscarriage of Justice, The Jonathan Pollard Story. St. Paul, MN: Paragon House. 2001.
  22. ^ Justice for Jonathan Pollard
  23. ^ "Territory of Lies", Wolf Blitzer, NY: Harper & Row, 1989, pp. 166-171
  24. ^ Gedolim in Israel and the US Ask President Bush to Free Pollard before Pesach: And, after 22 Years, They Think He’ll Do It
  25. ^ Hug for a Betrayed Brother
  26. ^ "Caspar's Ghost", Edwin Black, The Jewish Week [NY],June 14, 2002
  27. ^ The Defense Failure Edwin Black (June 28, 2002). Why Jonathan Pollard is Still in Prison? Forward Retrieved February 25, 2007
  28. ^ Jonathan Pollard Was No Jewish Patriot Eric Margolis (January 14, 1999) The Toronto Sun
  29. ^ [2] Jonathan Pollard.Org
  30. ^ United States of America v. Jonathan Jay Pollard, appellant No. 90-3276
  31. ^ I busted Pollard Ron Olive (November 20, 2006) The Jerusalem Post. Retrieved February 25, 2007
  32. ^ Lynching Jonathan Again Esther Pollard (November 19, 2006) The Jerusalem Post. Retrieved February 25, 2007
  33. ^ Don't be fooled by Ronald Olive | Jerusalem Post