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Report: US to release Pollard in Barghouti swap deal
JERUSALEM POST ^ | Apr. 16, 2006 | Staff

Posted on 04/15/2006 4:31:49 PM PDT by Sabramerican

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To: darkwing104

Probably execute them. Reptile-brain Islamopsychos have their own rules.


101 posted on 04/15/2006 6:03:51 PM PDT by Mad_Tom_Rackham (A Liberal: One who demands half of your pie, because he didn't bake one.)
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To: Honestfreedom

Russia is now an ally. Would you then believe Robert Hanssen is not guilty of treason and should be given a lighter sentence despite his spying for Russia?


102 posted on 04/15/2006 6:06:32 PM PDT by spyone
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To: onyx
Freeh was a mixed blessing, but getting Hanson was a job well done. Same page, definitely.
103 posted on 04/15/2006 6:07:11 PM PDT by Mad_Tom_Rackham (A Liberal: One who demands half of your pie, because he didn't bake one.)
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To: spyone

Hansen's spying for Russia goes back to the Cold War when Russia was an enemy. Awful comparison. A better comparison would be someone spying for South Korea or Great Britain.


104 posted on 04/15/2006 6:14:08 PM PDT by Honestfreedom
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To: Honestfreedom

It's not an awful comparison. You just have a narrow legalistic definition of treason. I have a broad one. The purpose of a treason statute is to prevent it from happening again and thereby protecting American lives.


105 posted on 04/15/2006 6:17:17 PM PDT by spyone
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To: Honestfreedom
No it is not. Treason is an offense committed on behalf of an enemy during war. Israel is not an enemy and we were not at war at the time.

I think that ultimately nobody here knows the whole story, but if the Hersh account is true, than Pollard gave intelligence to the Israelis (about nuclear submarine positioning, communication, etc) that had zero use to Israeli defense and the he must have known was only useful to its ultimate destination, the Soviets.

So, if what the worst said about pollard is true, then the fact that he spied for Israel is irrelevent... he had to know the information was ultimately for the benefit of the USSR.

106 posted on 04/15/2006 6:18:36 PM PDT by Rodney King (No, we can't all just get along.)
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To: Honestfreedom
Treason is an offense committed on behalf of an enemy during war.

On another note, is their an offical definition of treason somewhere that backs up what your point?

107 posted on 04/15/2006 6:19:22 PM PDT by Rodney King (No, we can't all just get along.)
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To: Honestfreedom
Pollard was not convicted of treason.

He wasn't tried for treason. He pled guilty of lesser stuff and accepted a plea bargin. The judge threw out the plea bargain, as was his right. Now, for those of you who think that it is rare, it is not. It actually happend to me once. I was arrested on some felonies (over-reaching, it was some fraternity prank stuff) I accepted a plea bargin for a fine. The judge threw it out and sentenced me to 500 hours of community service.

That does not mean that I was not guilty of the felony charges (even though I think the felony aspect was over-reaching).

Similarly, Pollard elected to put himself before the judge, the fact that by accepting a plea bargain he was not tried is not good proof that he was innocent.

108 posted on 04/15/2006 6:23:49 PM PDT by Rodney King (No, we can't all just get along.)
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To: Rodney King

If Pollard was working for the Soviets I would favor his execution. He worked for an ally. He deserved to be punished for his deed but his punishment has become excessive.


109 posted on 04/15/2006 6:28:08 PM PDT by Honestfreedom
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To: Rodney King

On another note, is their an offical definition of treason somewhere that backs up what your point?>

Here is the definition in Webster's New World Dictionary "betrayal of one's country to an enemy" The legal definition is even more restrictive. This came up during John Walker Lyn's case.


110 posted on 04/15/2006 6:31:59 PM PDT by Honestfreedom
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To: Honestfreedom
If Pollard was working for the Soviets I would favor his execution. He worked for an ally. He deserved to be punished for his deed but his punishment has become excessive.

So I take it then that you totally mis-understand then my argument that if Israel was merely a conduit to the USSR that we should be able to judge him as if he had sold to the USSR? Or, you do understand it but don't care?

111 posted on 04/15/2006 6:39:58 PM PDT by Rodney King (No, we can't all just get along.)
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To: Honestfreedom

Having read the site www.jonathanpollard.net, with the copies of news reports and legal briefings, this is a very curious case. It appears to me that Pollard informed Israel of information necessary for its defense against poison gas to be used by Saddam Hussein's Iraq. There were reports that $5 billion of US Agriculture Department development funds were used to build Saddam's BCW plants, and this was something certain officials did not want Israel to know.

The problem is that the Memorandum of Understanding between President Reagan and the State of Israel of 1983 made such vital information available to Israel. Thus it appears to this observor that Pollard's action _were law
enforcing_, not law breaking. The law breaking was done by those who embargoed the intelligence, according to reports, Weinberger and Bobby Inman.

To sum up, Pollard's treatment is an outrage of injustice.
The Cold War is over, there are real enemies of the West. The antisemites in Defense, CIA and State can stop playing make believe enemy alien now, as a plethora of active combatants are entering the West even as we speak. These have been actively committing aggression against the West for many years. It is time to free Pollard, and move on.

Magooey


112 posted on 04/15/2006 8:06:47 PM PDT by magooey (stop the bs, fight the war!)
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To: Howlin
Pollard should be have been hung.

Pollard should be have been hung hanged.

113 posted on 04/15/2006 9:03:41 PM PDT by Praxeus
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To: Joe Boucher
shot would be more appropriate... a few caps in the legs, arms, and belly... then the head.

All sell-out traitors should be made to watch too.

114 posted on 04/15/2006 9:17:58 PM PDT by Trajan88 (www.bullittclub.com)
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To: Praxeus

Yeah, yeah, you're right!


115 posted on 04/15/2006 9:25:20 PM PDT by Howlin
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To: Rodney King

You are stating an unproven and very unlikely thesis. Israel and the Soviets were not working together at the time so it seems unlikely the Israelis passed info to the Soviets. The most damning argument against Pollard that made sense was that the Israelis used the info that Pollard gave them in a way which betrayed agents who the Soviets knew would have been in a position to pass the info. The idea that the Israelis passed the info to the Soviets is only a figment of Hersh's imagination and if I had a dollar for every time Hersh blew hot air I would not need to work any more.


116 posted on 04/15/2006 10:11:32 PM PDT by Honestfreedom
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To: COEXERJ145

Bush bashing AND Olmert bashing all in one. I'll believe it when I see it... hopefully never.

One thing we can always trust Sabramerican for--bashing Prime Minister Olmert.


117 posted on 04/15/2006 10:41:08 PM PDT by anotherview ("Ignorance is the choice not to know" -Klaus Schulze)
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To: Howlin

LoL.. I scrambled trying to figure out the HTML to do the strikeout you did and couldn't figure it out.. I just knew some other smartaleck was gonna get ya first. Finally just copied your source.

I been wanting to use my new-found knowledge (was corrected by a friend about a week ago) of hanged vs hung and was just waiting for the opportunity.. so I couldn't resist!


118 posted on 04/15/2006 11:08:08 PM PDT by Praxeus
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To: Honestfreedom
If Pollard was working for the Soviets I would favor his execution. He worked for an ally. He deserved to be punished for his deed but his punishment has become excessive.

I tend to agree with you here. Of course, should Jonathan be released many more details will become frontpage news and I could revise my opinion as I learn more.

119 posted on 04/15/2006 11:52:32 PM PDT by WildPlum
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To: Sabramerican
I think the story is nonsense, being floated for who knows what purposes.

Bush would drive his numbers into the teens with such a move, for no real gain on the ground in the Middle East. Ain't gonna happen.

120 posted on 04/16/2006 2:19:18 AM PDT by dagnabbit (George Bush deported my children to Amerexico.)
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To: Trajan88

So you'd want it done during a joint session of congress?


121 posted on 04/16/2006 3:58:17 AM PDT by Joe Boucher (an enemy of islam)
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To: Praxeus

Glad to oblige!

BTW, if you use IE, this little thing makes it a lot easier to get the HTML:


http://www.microsoft.com/windows/ie/previous/webaccess/default.mspx

Grab the Web Developer Accessories at the bottom and it puts a LOT of neato stuff on your Right Clicker!


122 posted on 04/16/2006 6:33:53 AM PDT by Howlin
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To: dennisw; Cachelot; Nix 2; veronica; Catspaw; knighthawk; Alouette; Optimist; weikel; Lent; GregB; ..
If you'd like to be on or off this middle east/political ping list, please FR mail me.
Articles on Israel can also be found by clicking the keyword or topic Israel.

---------------------------

If true, and I doubt it, a rather foolish move on both parts, particularly America's. It's already known that Israel will release terrorists for the return of prisoners, imo a policy that leads to the taking of prisoners, but their choice. It's contrary to US policy, however, and we shouldn't give the jihadists the impression we're open to exchanges, even it it results in the release of a terrorist we may support.

123 posted on 04/16/2006 6:40:12 AM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: Sabramerican
I guess Pollard is not so guilty that it is worth for Bush to let him go to free a convicted "Palestinian" terrorist murderer.

Extremely dishonest and disingenuous if you to imply that this swap was proposed by Bush, as every news story about it appears to suggest the proposal was initiated by Israel as a means to strengthen the PLO and neutralize Hamas (in addition to springing Pollard). Americans certainly achieve no benefit from this exchange.

124 posted on 04/16/2006 6:44:59 AM PDT by yuta250
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To: yuta250
Extremely dishonest and disingenuous if you to imply that this swap was proposed by Bush

You inferred something that was never implied. "Knee jerk" is the proper term for that.

125 posted on 04/16/2006 6:47:24 AM PDT by Glenn (There is a looming Tupperware shortage. Plan appropriately.)
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To: yuta250
Extremely dishonest and disingenuous if you to imply that this swap was proposed by Bush, as every news story about it appears to suggest the proposal was initiated by Israel as a means to strengthen the PLO and neutralize Hamas (in addition to springing Pollard). Americans certainly achieve no benefit from this exchange.

Personally I doubt this story, but you are aware Barghouti is being held by Israel aren't you? If Israel wanted to release him for any reason, they'd release him. There's no quid pro quo required from America.

126 posted on 04/16/2006 6:57:07 AM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: oceanview
no one knows the whole story, officially at least.

That's right, because the letter which served as the basis of his sentence is classified despite the fact that the information it contains has been declassified. IMO, that should be corrected, if we knew the basis of his sentencing, we'd know if the sentence was just.

127 posted on 04/16/2006 7:03:34 AM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: SJackson
If Israel wanted to release him for any reason, they'd release him. There's no quid pro quo required from America.

Israel might want to release him for purely strategic reasons but realizes that their domestic politics precludes them from doing this except under the smokescreen of "trading him for Pollard". The US benefits not at all from either end of this transaction.

128 posted on 04/16/2006 7:04:44 AM PDT by yuta250
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To: spyone


129 posted on 04/16/2006 7:09:31 AM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: Sabramerican
I hope this is not true!

Pollard deserves to remain imprisoned for his FULL SENTENCE!

JPost has often printed stories like this on Pollard...and they were always wrong.

President Bush should start remembering the American Voters!!!
130 posted on 04/16/2006 7:09:53 AM PDT by meema (I am a Conservative Traditional Republican, NOT an elitist, sexist, cynic or right wing extremist!)
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To: SJackson
The following couple letters lay out the issues in the case reasonably well. It's worth noting that while the contents are declassified, the Weinberger letter, which he now considers insignificant, on which Pollard was sentenced is still classified. None of us, excepting posters with access to classified information and a willingness to post in on the internet, knows what was in it. Including Pollard's lawyers. Personally, I think it's long past time to declassify the document and clear the situation up.

Pollard Has Been Punished Enough

March 8, 1994 - Theodore Olson, Esq. - The Wall St. Journal

It is plain than columnist Al Hunt and the anti-Pollard faction within the Clinton administration for whom he is giving voice do not like Jonathan Pollard (“President Clinton, Don’t Free the Traitor Pollard, February 24). But his rationale for opposing clemency is mostly misinformation and ignorance, and his conclusion implicitly concedes the shallowness of his convictions.

As Mr. Pollard’s attorney, I offer these counterbalancing facts:

First, the matter of motives and money. Mr. Hunt’s carefully chosen litany of phrases such as “big bucks,” “well-paid” and “well-heeled” produces a profoundly false impression. As Mr. Hunt knows, Mr. Pollard sought out the Israelis and volunteered to give, not sell, information to Israel about nuclear, chemical and biological weapons under construction by Iraq and others for use against Israel. Six months down the line, Pollard was persuaded to accept paltry sums - pocket change compared with what Washington journalists routinely receive for weekend television appearances. Intelligence services know that it is impossible to control idealists - and it is standard procedure to corrupt them with money. Mr. Pollard was wrong to acquiesce, but everyone who has studied the record objectively knows that he acted as he did because he could not stand the implications of silence in the face of another Holocaust, not for money.

Second, Mr. Hunt repeatedly uses the term “traitor.” That word describes one who commits treason, the only crime considered so egregious that is mentioned in our Constitution. It is defined by law as committing war against the U.S. or aiding its enemies. It is punishable by death. Mr. Pollard did not commit, nor was he charged with, treason. Even the government has admitted that is use of the word “treason” and “traitor” to describe Mr. Pollard was wrong and “regrettable.” The court that reviewed Mr. Pollard’s case, whose opinion Mr. Hunt quotes, said that the “traitor” could justifiably be called “rank hyperbole.”

Third, Mr. Hunt’s comparison of Mr. Pollard to the Aldrich Ames case is appalling. Mr. Ames allegedly aided the Soviet Union when they were implacable enemies of the U.S.: Mr. Pollard helped one of our closest allies. Mr. Ames is said to have betrayed American agents: Mr. Pollard told Israel about instruments of mass destruction against Jews. Mr. Ames purportedly took millions of dollars and was motivated by greed: Mr. Pollard gave defensive information to save a people that had been nearly exterminated 50 years ago. What can Mr. Hunt be thinking?

Fourth, Mr. Hunt has mischaracterized the court decision regarding the government’s violation of the Pollard plea bargain. Mr. Pollard’s appeal was rejected as untimely, not because it was lacking in merit. All three judges who considered the appeal expressed considerable skepticism concerning the government’s conduct. One of the three went so far as to call Mr. Pollard’s treatment “a fundamental miscarriage of justice.” The fact is that the government blatantly betrayed Mr. Pollard and its written contract with him. It made three promises, and broke them all. It agreed to represent to the sentencing judge that Mr. Pollard’s cooperation had been of “considerable value” to “enforcement of the espionage laws,” but did precisely the opposite, denigrating the value and motivation for that compensation - listing it among factors “compelling a substantial sentence.” It promised to limit its sentencing argumentation to the “facts and circumstances” of Mr. Pollard’s offense, but instead heaped savage vituperation on his motives on his motives, character and “arrogance.” Finally, it agreed not to seek a sentence of life in prison, but obtained exactly such a sentence by, among other things, demanding a sentence commensurate with the crime of treason.

Fifth, Mr. Hunt rejects as “bogus and irrelevant” the assertion that Mr. Pollard’s sentence was excessive. He could not be more wrong. Mr. Pollard has served more than eight years, mostly in solitary confinement in the nation’s harshest prison. No one who gave defense information to an ally has ever been punished so severely. The government did not even charge him with harming or having reason to know that his actions would harm the U.S. Once again, Mr. Hunt has outpaces Mr. Pollard’s prosecutors by pressing to maintain a level of punishment that the prosecutors promised not to seek.

Sixth, it is curious that Mr. Hunt thinks that the information Mr. Pollard gave away “was so sensitive that officials still insist they can’t provide specifics.” What officials? The Office of Naval Intelligence has said that much of Mr. Pollard’s information “was declassified during the Gulf War.” Mr. Pollard’s chief prosecutor has urged publicly that it all be declassified.

Finally, after all of Mr. Hunt’s rhetoric, his main grievance seems to be that Israel has failed to “come clean and acknowledge what a despicable act Pollard performed.” If it did so, he concludes, then “clemency [would] be in order.” This is an amazing conclusion because Mr. Pollard himself has admitted that what he did was wrong and has expressed great remorse for his actions. And two successive Israeli prime ministers have put in writing formal requests for mercy - not forgiveness - for the Pollard affair. The significance of these extraordinary official requests cannot have been lost on President Clinton - who, incidentally, may not be anxious to acknowledge publicly that the U.S. has spied on Israel. What more does Mr. Hunt want? Some sort of Chinese Communist public act of self-abasement?

There is more, but too little space to say it all. Defense Secretary-nominee Bobby Inman has publicly admitted that he cut off Israel from promised defensive information as retaliation for Israel’s destruction of Iraq’s nuclear reactors. (Maybe Mr. Hunt can tell us how many America soldiers would have died in the Persian Gulf had Israel not taken that action.) Mr. Pollard stepped into the breach and opened the spigot that Mr. Inman had closed. He had no right to do so, but voices as diverse as Cardinal Law, Nobel laureate Elie Wiesel, Benjamin Hooks, Father Drinan, Sen. Carol Mosely-Braun, Pat Robertson, dozens of Members of Congress, the city councils of New York, Los Angeles and Chicago, and two Israeli prime ministers have pleaded for an end to his punishment. Apparently many officials at State, Justice and the White House now agree.

The fundamental issue is when we can stop punishing a man who broke the law to expose a massive, malignant and malicious arms buildup so that a beleaguered people could defend themselves from weapons of terror and mass destruction. It might take some courage from President Clinton to do the right thing, but Mr. Pollard has been punished enough.

Theodore B. Olsen Esq.

Theodore B. Olson is the former lead attorney for Jonathan Pollard.

………………………………………………

The document below was written by a former Pollard attorney, Theodore Olsen, to counter a 1993 NJCRAC position paper on the Pollard case. The document is as relevant today as when it was originally written. Many of the old lies that it deals with are still being circulated today by the same Jewish sources.

Mr. Lawrence Rubin
Executive Vice Chairman – NJCRAC
National Jewish Community Relations Advisory Council
443 Park Avenue South
New York New York 10016-7322

April 9, 1993

RE: Jonathan J. Pollard

Dear Mr. Rubin:

As you know, we represent Jonathan J. Pollard. We have received a copy of the Jerome Chanes NJCRAC memorandum of March 23, 1993 disseminated to NJCRAC and CJF member agencies entitled "The Pollard Case: Myths and Facts." The Chanes memorandum states that it is intended to "provide accurate information" about the "substantive issues" involved in the Pollard case. However, it contains many materially inaccurate and damaging statements concerning Mr. Pollard and his case. We therefore request that you circulate this letter as soon as possible to all of the member agencies that received the Chanes memorandum

1. Pattern of Misrepresentation

 

The "Myths and Facts" memorandum states that there has been an "unfortunate pattern of misrepresentation" concerning the Pollard case. This regrettable and entirely gratuitous innuendo is apparently intended to accuse Mr. Pollard's supporters of misrepresentations. It is not true. Naturally, in any highly visible case such as this involving many people working to achieve a common objective, there may be misconceptions that develop. But the Pollard supporters have made every effort to supply scrupulously accurate information concerning his case. In fact, the NJCRAC memorandum contains more errors and misleading perceptions than anything we have seen. That is why it is so important for you to correct it by distributing this response.

2. Disproportionality of sentence

Mr. Pollard's sentence of life in prison is grossly disproportionate to punishments in comparable cases. Your wholly inaccurate and distorted rejection of this fact ignores both the facts and fundamental principles of our criminal justice system.

You assert that "comparisons between Pollard's sentence and sentences meted out to others . . . are inappropriate," and that such an analysis of the proportionality of Mr. Pollard's sentence is improper as a jurisprudential matter. That, of course, is nonsense It is a fundamental principle of justice and jurisprudence that the law should treat similarly situated individuals similarly and that punishments, insofar as possible, should be relatively equal and proportionate. The fact that Mr. Pollard's sentence is completely out of scale with those imposed for comparable offenses is a highly salient consideration in his efforts to seek a commutation of his sentence.

Moreover, the Supreme court of the United States has held as a matter of constitutional "principle that a criminal sentence must be proportional to the crime for which the defendant has been convicted-" Solem V. Helm, 463 U.S. 277, 290 (1983) (emphasis added) . The Court has struck down as unconstitutional punishments that are "significantly disproportionate to [the] crime," id. at 303, based on a comparison "with sentences imposed on other criminals" Id. At 292; see also Harmelin V. Michigan, 111 S. Ct. 2680, 2702-05 (1991) (Kennedy, J., concurring) (reiterating that the constitution forbids "extreme sentences that are 'grossly disproportionate' to the crime") - It is well recognized that disproportionality in sentencing when compared to others convicted of similar crimes is "fundamentally unfair," and accordingly, it "has also been a fundamental part of . . . the clemency philosophy." Kobil, The Quality of Mercy Strained: Wrestling the Pardoning Power from the King, 69 Tex. L. R. S69, 627 (1991).*

[*NOTE: For example: President Carter commuted the 20 year sentence of Watergate conspirator G. Gordon Liddy after 4 years and 3 months because Liddy had served much more time than the other Watergate participants. Id. The reason given by the White House Counsel was that "[it] was a clear case of unfair disparity." Id. (citations omitted).]

You also argue that Mr. Pollard's sentence was not disproportionate. But that is clearly incorrect. As thoroughly documented in Mr. Pollard's commutation application, his sentence was manifestly inconsistent with the punishment historically imposed for disclosing intelligence information to an ally of the United States. Indeed, the more than seven-year period that Mr. Pollard has already served is much closer to the typical sentence for comparable offenses. The only other life sentences imposed for espionage in the United States of which we are aware -- including each of the instances cited in your memorandum -- involved individuals who spied for the Soviet Union (or Eastern block countries that were under its control) during the Cold War. We believe that Mr. Pollard is the only person in the history of our Nation to receive a life sentence for giving information to an ally.

3. The Pertinence of the Fact that Mr. Pollard Spied for a Close Ally

Your memorandum asserts that it is irrelevant that Mr. Pollard provided intelligence information to Israel, one of the United States closest allies, as opposed to a country that is hostile to the United States. That assertion is legally incorrect and morally perplexing. While it may be a crime to disclose any classified information to anyone, both the law and society recognize the difference between efforts to harm the United States by giving information to its enemies and supplying data to an ally to help save the lives of victims of aggression.

You contend that "as a legal matter, the law on espionage does not distinguish between allies and enemies. . . ." But the law, including the Constitution of the United States most certainly does make such a distinction. The most serious espionage crime is treason, which, unlike Mr. Pollard's offense, is punishable by death, and is defined explicitly in the Constitution as consisting "only in levying war against [the United States), or in adhering to their Enemies [or] giving them Aid and Comfort." (emphasis added) . The statutes on espionage also recognize that providing information to an enemy is different in kind from and more reprehensible than supplying information to a country that is an ally of the United States, explicitly singling out the former for special treatment. Compare 18 U.S.C. 794(b) and 794(a); 18 U.S.C. 2382. The law distinguishes between those whose conduct occurred with reason to believe it may harm the United States. Mr. Pollard was not charged with that offense.

Moreover, the vastly harsher sentences imposed on individuals who have committed espionage against the United States an behalf of hostile nations demonstrate the obvious and fundamental principle that spying for an enemy is a far more egregious offense that deserves more severe punishment than providing intelligence data to an ally. As discussed above, life sentence have historically been reserved exclusively for individuals who have spied for countries that are hostile to the United States, while persons who, like Mr. Pollard, assisted allies have been subjected to far less severe punishments that more closely approximate the time that Mr. Pollard has already served in prison.

Your memorandum also misleadingly suggests that Mr. Pollard's reliance on the hostile nation/ally dichotomy is an attempt by him to excuse or justify his conduct. But that is not Mr. Pollard's point at all. Mr. Pollard acknowledges that he violated an important law of the United States. He pleaded guilty to that offense and agreed to cooperate fully with the government's investigation of his conduct. He has repeatedly expressed regret and remorse for his conduct and for any and all harm that his offense may have caused. Mr. Pollard is not arguing that his unlawful conduct in justified because he was motivated only by a desire to save lives.

But those who ask for an humanitarian commutation of Mr. Pollard's sentence to a severe punishment equivalent to the punishment already imposed are surely entitled to emphasize that Mr. Pollard's actions, admittedly wrong, was inspired by the desire to protect against violent aggression, to prevent a holocaust and to allow the people of Israel to defend themselves. This is a legitimate and important basis for the sentence commutation being sought from President Clinton.

4. Conditions of Incarceration

The fact that Mr. Pollard has been in solitary confinement for several years is not a "myth." And it is not a "myth" that Mr. Pollard has been incarcerated in the nation's harshest maximum security prison. Mr. Pollard did not ask to be placed in Marion prison -- where security measures are necessary to protect him from anti-Semitic prison gangs. Moreover, NJCRAC should understand that it is exceedingly difficult for Mr. Pollard to chronicle his specific, day-to-day prison experiences without exposing himself to repercussions. It should be obvious to anyone that solitary confinement in a prison containing the most violent and vicious criminals in the nation is not a circumstance that should be ignored or labeled as a "myth."

5. Parole

As a technical matter, Mr. Pollard was not sentenced to "life without possibility of parole," and parole may legally be considered in 1995. But your implication that the possibility of parole makes commutation unnecessary - is incorrect and misguided. The law enforcement and intelligence agency officials who will be given the opportunity to express themselves on the subject have indicated that they will oppose parole. Immediately following sentencing, the U.S. Attorney said that Mr. Pollard would "never see the light of day." Parole is a virtual impossibility under these circumstances. Your emphasis on the highly unlikely theoretical possibility of parole avoids addressing the circumstances and fairness of Mr. Pollard's incarceration. The fact is that he has been punished enough already.

6. The Government's Breach of the Plea Agreement

You agree in your memorandum that there are "legitimate questions" regarding the government's conduct at the time of sentencing in conjunction with its plea bargain.

However, you selectively omit a full discussion of the issue and the pertinence of it to Mr. Pollard's request for a commutation of his sentence.

The fact is that the government violated its plea bargain with Mr. Pollard in several fundamental respects. Nearly everyone who has examined the circumstances agrees with that conclusion. Indeed, this situation was severely questioned by the federal appellate court that reviewed Mr. Pollard's sentence. Despite the government's agreement in exchange for Mr. Pollard's plea of guilty to temper its rhetoric at the tide of sentencing, not to seek a life sentence, and to point out that Pollard's cooperation with the government had been valuable, the United States Court of Appeals for the District of Columbia Circuit found that the government had engaged in "hard-nosed dealings," Pollard v. United States, 939 F.2d 10110, 1030, cert. denied, 113 S. Ct. 322 (1992), and that the government's conduct was "problematic" and "troublesome." Id. at 1026. Dissenting Judge Stephen Williams concluded that the government violated material terms of Mr. Pollard's plea agreement, resulting in a "fundamental miscarriage of justice." Id. at 1032. And the government's forceful, bitter and antagonistic rhetoric produced the very life sentence it had agreed not to seek. Although the courts declined for technical reasons to set aside Mr. Pollard's sentence, there are no such constraints on the President's constitutional power to commute Mr. Pollard's sentence and thereby to redress the injustice of a sentence of life in prison despite the government's promise not to seek such a sentence.

NJCRAC's characterization of the facts is revealing. It says that Pollard's claim of a government breach of the plea bargain is "not entirely a myth". This is a very peculiar choice of words to describe an audacious, deliberate and manifest injustice.

7. The Secretary of Defense's Submission of a Memoranda During the Sentencing Process and Use of the Word "Treason"

Your brief discussion of the memoranda submitted by Secretary of Defense Caspar Weinberger during the sentencing proceedings and your astonishing efforts to rationalize Secretary Weinberger's use of the word "treason" to describe Mr. Pollard's conduct overlooks completely the improper nature and devastating impact that that submission had on Mr. Pollard's case.

The Secretary of Defense was not "obliged to submit a pre-sentencing memorandum." No law or custom requires it. It was an entirely gratuitous and intentionally forceful symbolic act by the nation's highest national security official.

The Secretary of Defense's memoranda did not relay objective facts about possible damage to national security caused by Mr. Pollard. Rather, the Secretary went to extraordinary and unprecedented lengths to volunteer extremely prejudicial and unjustified statements unjustified statements of opinion such as Pollard's "loyalty to Israel transcended his loyalty to the United States," and "the punishment imposed should reflect the perfidy of [his] actions (and) the magnitude of the treason committed," (emphasis added).

Judge Williams found that these statements amounted to a call for a life sentence in "all but name", and constituted a

"flagrant violation of the (plea) agreement's spirit . . . . [T]he repeated use of superlatives implied an appeal for the maximum (sentence). Weinberger's reference to treason took the point further. Whereas treason carries the death penalty, and involves aiding the nation's enemies, Pollard was charged with espionage, carrying a maximum of life imprisonment and encompassing aid even to friendly nations - here, Israel . . . Weinberger's subtext was that the heaviest possible sentence was the lightest that was just."

Mr. Pollard did not commit treason, was not accused of treason and did not plead guilty to treason, and even the Government has now acknowledged that use of that terminology was both unwarranted and "regrettable". In fact, Mr. Pollard pleaded guilty to one count of violating 1a U.S.C. S 794, the transmission of national security information to a foreign government. Mr. Pollard's conviction was not even based upon that portion of # 794 that is predicated on an intent or reason to believe that harm to the United States would result from his conduct.

The Chanes memorandum's explanation that Secretary Weinberger was not using the word "treason" in its "formal and legal sense", is nothing short of outrageous. The Secretary was one of the nation's top officials, filing a formal legal document in the name of the United States under the supervision of the United States Attorney in a formal and extremely serious legal proceeding in a proceeding in a case that he, himself, characterized as very important. The word "treason" was intentionally used, as evidenced by the simultaneous use of the term "traitorously" by the Assistant United States Attorney. The assertion that the Secretary and the Government did not know the meaning of the word "treason" in that context is absurd. It was intended to secure a life sentence for Jonathan Pollard and it worked.

We will not comment an the remainder of the memorandum or the NJCRAC process. Those are matters for NJCRAC and its CJF member agencies. However, we do expect that NJCRAC will feel obliged to disseminate only accurate information concerning the Pollard case in the future.

In sum, your March 23 memorandum does not "provide accurate information" about the Pollard case. Rather, it either inaccurately portrays or omits entirely facts that we believe are vitally important and that would be of great interest to the NJCRAC and CJF member agencies. Your memorandum does not even mention that the government of Israel has specifically requested the President to grant Mr. Pollard's request for commutation. Such omissions seriously call into question the objectivity of your "fact-finding" efforts.

Very truly yours,
signed
Theodore B. Olsen


131 posted on 04/16/2006 7:10:57 AM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: Sabramerican

Pollard wasn't as bad as Clinton, who knowingly gave/sold high tech secrets to the Chinese. Don't know if that helps any, but it sure makes me wonder why Billyboy isn't in jail, too. Of course, Billyboy's crazy -- a narcissistic sociopath. As far as I know, Pollard's compos mentis, just divided loyalties.


132 posted on 04/16/2006 7:11:12 AM PDT by hershey
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To: Mike Darancette

"The people who should know better than others not to trust the MSM seem to do so every darn time, no matter how wild the accusation."

'If it is anti-Bush it must be true.'

Absolutely amazing isn't. Since August of 2000, I have seen hundreds of ultra bs articles/threads posted like this. The same group of Bush Bashers immediately hit their keyboards to condemn GW for the MSM's latest drive by shooting.


133 posted on 04/16/2006 7:33:08 AM PDT by Grampa Dave (There's a dwindling market for Marxist homosexual lunatic wet dreams posing as journalism)
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To: Joe Boucher
"Pollard should be hung."

Wrong. That is "Pollard should be hanged."

Correct in intent, though. Thus be to traitors, too.
134 posted on 04/16/2006 8:12:20 AM PDT by Old Student (WRM, MSgt, USAF(Ret.))
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To: Howlin

Use that graphic when the Donner Party starts bashing GW.


135 posted on 04/16/2006 8:37:52 AM PDT by Grampa Dave (There's a dwindling market for Marxist homosexual lunatic wet dreams posing as journalism)
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US denies Pollard-Barghouti release deal
By JPOST.COM STAFF

The United States has denied a reported proposal to release Israeli spy Jonathan Pollard from jail in exchange for the release of imprisoned Fatah leader Marwan Barghouti's sentence, held in Israeli prison.

According to Army Radio, the US embassy released a statement saying that, "the case is closed, and Pollard was serving his sentence."

Officials in Jerusalem had claimed on Saturday that the US would free Pollard in exchange for the Israeli release of Barghouti.

The report said the deal has been proposed by officials in Israel's Foreign Ministry. The ministry declined comment, and US embassy spokesman Stewart Tuttle called the report "ridiculous speculation."

"As far as I know, it has no basis in reality," Tuttle said.

According to Army Radio, Israel is set to offer the proposed prisoner swap deal in the next few months as anarchy continues to grow in the PA. Israel seemingly intends to use Barghouti's release to strengthen the Fatah movement against the oft-criticized rule of the new Hamas-led Palestinian government.

Esther Pollard, Jonathan's wife, opposed the deal, describing it as "nothing but public relations."

"President George Bush agreed to free Jonathan before Pessah, but Israel isn't really interested in that," she said in an interview with Army Radio.

Pollard's lawyer in Israel, Nitzana Darshan-Leitner, said that the powers that be in Jerusalem were not interested in Pollard's immediate release. "Israel isn't insisting on Pollard's release. If Israel were to give the Americans the real version of events, which they want to have, Pollard would already be free."

In 2004 Israel suggested a similar move but the initiative was rejected by the US government. Jerusalem officials predict that on this occasion the White House will accept the proposal.

In the Eighties, Pollard worked as an officer in American naval intelligence. In 1984 he established contact with Colonel Aviam Sela of the IAF and supplied him with thousands of classified files. Sela then passed the files on to an agency that was reportedly operated as a front for national and industrial espionage. Pollard claimed that America should have given Israel the files under existing intelligence agreements.

He was arrested in 1985 after arousing suspicion at the Pentagon and pleaded guilty to the espionage charges. Pollard received a life sentence and has been incarcerated in a US jail for the past 21 years.

The Israeli government denied for years that Pollard was its spy but finally acknowledged it in 1998.

Various prime ministers have since made efforts to secure a pardon for Pollard, none of which have been successful.

136 posted on 04/16/2006 10:19:36 AM PDT by SJackson (The Pilgrims—Doing the jobs Native Americans wouldn’t do!)
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To: Howlin

Thanks!


137 posted on 04/16/2006 11:17:03 AM PDT by Praxeus
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To: Grampa Dave

Don't worry, I got it.


138 posted on 04/16/2006 12:48:31 PM PDT by Howlin
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To: Old Student

that's great.


139 posted on 04/16/2006 2:38:11 PM PDT by Joe Boucher (an enemy of islam)
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To: Sabramerican

The United States is now denying that any such deal exists. Esther Pollard is now claiming that Israel in general and the Olmert government specifically doesn't care about getting her husband released.

Translation: this story was a crock from the beginning. You had to attack both President Bush and Prime Minister Olmert whan neither had done what you rightly called disgusting.


140 posted on 04/16/2006 2:54:14 PM PDT by anotherview ("Ignorance is the choice not to know" -Klaus Schulze)
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To: anotherview

You have demonstrated unprecedented stupidity in almost every one of your posts, still I thought you understood simple English words.

The report was major news on Army radio and in at least two major newspapers. I commented on the item and wrote "IF" this turns out to be true. You do know the meaning of the word "if"? An example of its use would be found in the following sentence. "If" this was a trial balloon, I hope it was shot down.

Notwithstanding. All the commentaries say Israel is looking for a reason to free the terrorist murderer.


141 posted on 04/16/2006 3:19:06 PM PDT by Sabramerican (I thought I was voting for George. I voted for Bandar.)
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To: monkeyshine

There's a theory that the only reason Israel is imprisoning Barghouti is so he could have the credibility on the Arab street to make peace with Israel in the future.


142 posted on 04/16/2006 5:39:12 PM PDT by Revenge of Sith
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To: Joe Boucher

if it was on network tv (after prime-time), I'd watch it.


143 posted on 04/17/2006 6:19:22 PM PDT by Trajan88 (www.bullittclub.com)
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