"I agree with the majority that the "plea wiring" was not an unlawful coercion of Pollard's guilty plea and that Chief Judge Robinson did not abuse his discretion in refusing to recuse himself or to conduct a hearing into the claim of ex parte contacts. But 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.
Neither his dissent nor the majority opinion recite any facts about Pollard breaking the agreement or Mrs. Pollard's public statements violating any plea agreement.
Pollard stated that while his motives "may have been well meaning, they cannot, under any stretch of the imagination, excuse or justify the violation of the law, particularly one that involves the trust of government... I broke trust, ruined and brought disgrace to my family." He admitted and apologized for taking money from the Israeli government in exchange for classified information.
He also blabbed to Wolf Blitzer:
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. 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." Some commentators identified this interview as a blatant violation of the plea agreement.
I agree that Pollard shouldn't be in prison. He should already be dead.