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Convicted Spy Pollard Loses Appeal
AP ^ | 7/22/05 | Sam Hanael

Posted on 07/22/2005 10:31:25 AM PDT by Tumbleweed_Connection

A federal appeals court Friday rejected convicted spy Jonathan Pollard's latest effort to reduce the life sentence he received for selling military secrets to Israel while working as an intelligence analyst for the Navy.

The U.S. Court of Appeals for the District of Columbia ruled that Pollard waited too long to try to contest his 1987 sentence and failed to make a convincing case that he got poor legal help.

The court also ruled that it had no authority to review Pollard's request to see secret documents the Reagan administration submitted to the judge who imposed the sentence 18 years ago.

Pollard's lawyers said they needed to see the material to rebut government arguments against any new appeal or against a request for presidential clemency.

Pollard faulted his original lawyer for not filing a notice of appeal in 1986 when the government, according to Pollard's lawyers, in effect sought a term of life imprisonment after promising it would not do so.

Writing for a three-judge panel, Judge David Sentelle rejected as "nonsensical" the argument that Pollard did not realize the alleged mistake by his lawyer at the time.

"Pollard knew the facts," Sentelle said. "What he now claims not to have known is the legal significance of these facts."

Eliot Lauer, Pollard's attorney, said he was "very disappointed" with the opinion and may file a request for rehearing from the full appeals court or seek appeal to the U.S. Supreme Court.

"We hope that in time the American judicial system will give Jonathan Pollard his rightful day in court and that justice will be done," Lauer said.

The legal challenge to Pollard's sentence was always viewed as a long shot, and his supporters have focused much of their effort on winning presidential clemency.

Pollard, who turns 51 next month, was a civilian intelligence analyst for the Navy when he copied and gave to his Israeli handlers enough classified documents to fill a walk-in closet. He was not paid when his spying began in 1984, but acknowledged that Israel later began paying him a few thousand dollars a month.

He was caught in November 1985 and arrested after unsuccessfully seeking refuge at the Israeli embassy. Pollard initially denied he worked for Israel but later acknowledged it. He claims prosecutors reneged on a promise to seek a lesser sentence in return for his cooperation.

His case has been a sticking point in U.S.-Israeli relations. The Israeli government, which granted Pollard citizenship, repeatedly has pressed for his release.

Lauer said Pollard does not have a formal request for clemency pending with the Bush administration. Federal officials reviewed his case in 2000, but he was left off the list of those granted clemency just before President Clinton left office.


TOPICS: Israel; News/Current Events
KEYWORDS: news; pollard; ruling

1 posted on 07/22/2005 10:31:27 AM PDT by Tumbleweed_Connection
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To: Tumbleweed_Connection

"The court also ruled that it had no authority to review Pollard's request to see secret documents the Reagan administration submitted to the judge who imposed the sentence 18 years ago."

Well, DUH!!!


2 posted on 07/22/2005 10:34:18 AM PDT by SJSAMPLE
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To: Tumbleweed_Connection

Another well-fed felon.


3 posted on 07/22/2005 10:34:45 AM PDT by Eric in the Ozarks (Scratch a Liberal. Uncover a Fascist)
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Comment #4 Removed by Moderator

To: Tumbleweed_Connection

Good. Let him rot.


5 posted on 07/22/2005 10:35:30 AM PDT by Michael.SF. ("Rommel, you magnificent son of bitch.....I READ YOUR BOOK!! - Gen. Patton)
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To: Eric in the Ozarks

But think of the money we are saving on hair cuts.


6 posted on 07/22/2005 10:36:59 AM PDT by Michael.SF. ("Rommel, you magnificent son of bitch.....I READ YOUR BOOK!! - Gen. Patton)
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To: Michael.SF.

Talk about making MY day....


7 posted on 07/22/2005 10:37:44 AM PDT by Howlin (Yesterday was my 7 year FR anniversary!)
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To: Tumbleweed_Connection

Convicted Spy Pollard Loses Appeal

Never found him appealing to start with.
8 posted on 07/22/2005 10:41:05 AM PDT by Dilbert56
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To: Dilbert56

At this point, he will be held in custody longer than any spy who gave info to the Soviets. Is there really any justification for imposing a harsher sentence on someone
for giving info to Israel, than for giving into to Russia?

(I mean, you can give info to China--like Bill Clinton--and not even do any time at all. . .)


9 posted on 07/22/2005 11:04:40 AM PDT by CondorFlight
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To: CondorFlight

The justification is that he committed a crime, violated the great trust placed in him by others, and has been sentenced in accordance with Federal law. The relative length of others' sentences is a mistake, they should also spend their lives behind bars.


10 posted on 07/22/2005 11:23:28 AM PDT by usafsk ((Know what you're talking about before you dance the QWERTY waltz))
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To: Tumbleweed_Connection
...his supporters have focused much of their effort on winning presidential clemency.

He he... good luck with that.

Lauer said Pollard does not have a formal request for clemency pending with the Bush administration. Federal officials reviewed his case in 2000, but he was left off the list of those granted clemency just before President Clinton left office

Now if he got left off that list, he really might want to think about what his chances really are of EVER getting a presidential pardon.

11 posted on 07/22/2005 11:35:38 AM PDT by FinallyBackInNH
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To: CondorFlight
At this point, he will be held in custody longer than any spy who gave info to the Soviets.

You have a good point. Release him from prison like the Julius and Ethyl Rosenberg were.

12 posted on 07/22/2005 11:41:28 AM PDT by PAR35
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To: Dilbert56

LOL!


13 posted on 07/22/2005 11:43:11 AM PDT by Kryptonite
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To: CondorFlight

True. Pollard has been held longer than the Rosenbergs, who were executed. If there had been a federal death penalty at the time, he would have been a likely candidate.


14 posted on 07/22/2005 11:55:26 AM PDT by joylyn
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To: Tumbleweed_Connection
Who would've thought that this guy who looks like Moses himself could be an Israeli spy?

His case has been a sticking point in U.S.-Israeli relations.

Okay, let them buy him out.
$5-billion x 20 yrs we have been paying Israel = $100 Billion
Deal?

15 posted on 07/22/2005 11:57:53 AM PDT by bummerdude (Boycott Chevron-Texaco, buy Exxon-Mobil !)
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To: CondorFlight
At this point, he will be held in custody longer than any spy who gave info to the Soviets.

Spies for the Russians weren't released for their benefit. They were usually traded to the Russians for American spies which were caught. Thus the Russians had something of value to trade. Maybe if Israel had something to offer for Pollard we could consider it. Instead they just send us another $2 billion bill for "our part" of them leaving Gaza.

16 posted on 07/22/2005 12:05:50 PM PDT by KarlInOhio (Bork should have had Kennedy's USSC seat and Kelo v. New London would have gone the other way.)
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To: CondorFlight
“It seems that this defendant believes that if he keeps repeating the words to this court, ‘This case does not involve the Soviet Union,’ that your honor then will swallow the position that he is taking that he caused no harm to the national security when he sold those thousands of pages of Top Secret and code word documents. . . Now, in taking that position, this defendant is saying, ‘Jonathan Jay Pollard is right but the Secretary of Defense, in his sworn declaration to the court, is wrong when he states that as a result of Jonathan Pollard’s activities enormous damage has been wrought to the national security. Jonathan Jay Pollard is right but the President of the United States, when he issued Executive Order 12356, was wrong when he said that the disclosure, the unauthorized disclosure, of Top Secret information to any nation, would cause or could be expected to cause exceptionally grave damage to the national security.’”
17 posted on 07/22/2005 1:49:17 PM PDT by notigar
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To: PAR35

actually that was very funny. ;)


18 posted on 07/22/2005 5:00:52 PM PDT by Teplukin
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To: CondorFlight
At this point, he will be held in custody longer than any spy who gave info to the Soviets. Is there really any justification for imposing a harsher sentence on someone for giving info to Israel, than for giving into to Russia? """

No. Giving info to Russia - or China - should get you an equally long sentence.

19 posted on 07/24/2005 7:26:06 PM PDT by churchillbuff
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