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If Jonathan Pollard Spied for Iraq
Israel National News ^ | 11 July 2003 | Rick Dorfman

Posted on 07/11/2003 12:36:09 PM PDT by yonif

Jonathan Pollard transferred classified information, vital to the national security of Israel, to the government of the Jewish State in 1983. This information was about the weapons of mass destruction programs of rogue states in the Middle East, including Iraq, Syria and Libya, who are likely to target Israel with chemical and/or nuclear weapons should they possess the capabilities to do so. The information was legally entitled to Israel under the 1983 Memorandum of Understanding between America and Israel. Pollard has repeatedly expressed remorse for his actions, and pled guilty to one count of "Passing classified information to an ally, without intent to harm the United States." He was never convicted or indicted on charges of treason or espionage. In complete violation of his plea bargain with the government, he was sentenced to life in prison, with the recommendation of no parole, the heaviest sentence ever handed down for such a case. Today, the maximum penalty for this offense is 10 years, with the median sentence ranging from 2-4 years. Pollard is currently in his 18th year of imprisonment.

If Pollard wanted to be a free man, he should have spied for Iraq. Albert Sombolay, an American soldier, was convicted in 1991 of spying for Jordan during the first Gulf War. He also admitted to giving sensitive materials to Iraqi intelligence officials, and was paid for his actions. The information he revealed included deployment locations of US troops and samples of US chemical weapons defense systems. This information could have led to the deaths of thousands of Americans. Sombolay pled guilty to "espionage and aiding the enemy," yet he was sentenced to only 39 years in prison, and that sentence was commuted to 19 years in 1992. It is suspected that Sombolay has already been released from his incarceration, though the government refuses to publicly comment on the issue. One thing is certain: Jonathan Pollard will serve more time in US prison than Albert Sombolay.

Yesterday, Khaled Abdel-Latif Dumeisi, of a Chicago suburb, was arrested and charged with transferring sensitive information to Iraqi officials that benefitted Saddam Hussein´s regime. US Attorney Patrick Fitzgerald grouped Dumeisi with, "Those who gather information in the United States about people living in America for the purpose of providing the information to hostile governments." He was responsible for secretly gathering information about Iraqi dissident groups based in the United States, and then transferring that information to the Iraqi government. His actions could stifle the democratization of Iraq, and could lead to the deaths of American citizens involved in Iraqi opposition should they return to their homeland. If convicted, Dumeisi will receive a maximum sentence of ten years in prison. Jonathan Pollard will serve at least twice the amount of time in US prison than will Khaled Dumeisi.

Then there is the case of Mohammed Alawi, the United Nations correspondent for the Iraqi News Agency. A State Department official, speaking on the condition of anonymity, stated that there was enough "evidence" to arrest and convict Alawi for spying for Iraq. "This was espionage," claimed the official. But the American government, fearing negative backlash against American reporters in Iraq, simply expelled Alawi, and allowed him to freely return to Baghdad. Assistant US/UN Ambassador Patrick Kennedy rationalized the deportation, stating in a letter to Alawi that he, "threatened the security of the United States." Keep in mind that Jonathan Pollard was convicted of a crime "without intent to harm the United States." Yet Alawi will avoid prison altogether, while Pollard remains damned to live out his life behind bars.

The Jonathan Pollard case is troubling at best. Court of Appeals Judge Stephen Williams called the case "a fundamental miscarriage of justice," and expressed his desire to completely pardon Pollard. Jonathan Pollard passed along information to Israel that may have saved many lives, and for it he is serving a life sentence. In accordance with the history of similar cases, had he passed illegal information that aided the murderous Iraqi government, he probably would be a free man today.

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

Richard Dorfman is president of the Michigan Student Zionists, a pro-Israel group at the University of Michigan. He can be reached at dorfmanr@umich.edu.

Footnotes:

http://www.jonathanpollard.org

http://www.msnbc.com/news/936647.asp

http://www.newsmax.com/archives/articles/2003/2/28/114928.shtml


TOPICS: Crime/Corruption; Editorial; Foreign Affairs; Government; Israel; News/Current Events; War on Terror
KEYWORDS: iraq; israel; pollard; sombolay; spy; spying

1 posted on 07/11/2003 12:36:09 PM PDT by yonif
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To: SJackson; Yehuda; Nachum; adam_az; LarryM; American in Israel; ReligionofMassDestruction; ...
I am not disputing the fact that Pollard was a traitor and a spy. However, what I am disputing is what he got for his actions, taking into account he was spying for a friendly nation, in comparison to what others got (not only for spying for friendly nations, but also enemies).

Albert Sombolay, an American soldier, was convicted in 1991 of spying for Jordan during the first Gulf War. He also admitted to giving sensitive materials to Iraqi intelligence officials, and was paid for his actions. The information he revealed included deployment locations of US troops and samples of US chemical weapons defense systems. This information could have led to the deaths of thousands of Americans. Sombolay pled guilty to "espionage and aiding the enemy," yet he was sentenced to only 39 years in prison, and that sentence was commuted to 19 years in 1992.

2 posted on 07/11/2003 12:38:07 PM PDT by yonif
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3 posted on 07/11/2003 12:41:00 PM PDT by Support Free Republic (Your support keeps Free Republic going strong!)
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To: yonif
Comparing Pollard to Duweisi is apples and oranges.

Pollard passed on classified material of the US goverment against his sworn oath as a federal employee.

Duweisi was not a government employee, had no access to classified information, and spied on private individuals. According to the prosecutors his actions don't even constitute espionage.

I think Duweisi should be shot, but the two cases are not identical.

4 posted on 07/11/2003 12:42:24 PM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: yonif
Jonathan Pollard transferred classified information, vital to the national security of Israel, to the government of the Jewish State in 1983. This information was about the weapons of mass destruction programs of rogue states in the Middle East, including Iraq, Syria and Libya, who are likely to target Israel with chemical and/or nuclear weapons should they possess the capabilities to do so.

And we know that this is what he gave the how? Because he said so?

5 posted on 07/11/2003 12:43:08 PM PDT by Rodney King (No, we can't all just get along.)
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To: yonif
taking into account he was spying for a friendly nation,

Friendly Spy? Isn't that somewhat of an oxymoron?

6 posted on 07/11/2003 12:55:13 PM PDT by elbucko
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To: yonif
If Pollard wasn't given a pardon even by someone as feckless and unprincipled as Bill Clinton, then there's probably a lot more to this than we know about.
7 posted on 07/11/2003 12:58:24 PM PDT by Alberta's Child
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To: Alberta's Child; yonif
I agree.
8 posted on 07/11/2003 1:01:16 PM PDT by jjm2111
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To: wideawake
What about the comparison of Albert Sombolay to Pollard?
9 posted on 07/11/2003 1:06:46 PM PDT by yonif
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To: yonif
Pollard is getting what he deserved. Friendly nation or no, your nation is first.

The fact that it was a friendly nation should be the reason he gets a prison term rather than an execution date.

Oh, and the U.S.S. Liberty was an accident. I don't want any of you "It's the evil JOOOOZ" types adding me to your ping lists because I said this about Pollard, ok?
10 posted on 07/11/2003 1:10:17 PM PDT by TheAngryClam (NO MULLIGANS- BILL SIMON, KEEP OUT OF THE RECALL ELECTION!)
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To: yonif
That's inconsistent. They both worked for the government. I'm going to assume that the data Pollard had access to was more detailed and dangerous, but that shouldn't matter.
11 posted on 07/11/2003 1:15:03 PM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: yonif
We are all out there doing this to each other . If you get snagged you deal with it . Each spy has a value & something to give .

Of all the things I've read from you Yonif I presumed you knew the rules of the game .

12 posted on 07/11/2003 1:15:55 PM PDT by Ben Bolt
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To: TheAngryClam; dorben; All
Of all the things I've read from you Yonif I presumed you knew the rules of the game .

I never said Pollard was not a spy, or a traitor to our republic. What I did say that I dispute the sentence he got in relation to the rest of those in same circumstances (most of which are not in this article). If the US wants to give a life sentence to a spy, without parole, that is fine with me (even for Pollard). But I ask that it be consistent.

I am well aware of the rules, and the rules show Pollard was a traitor to the US and he breached his code of employment with the Federal government. He is currently surving his punishment. But I am disputing his punishment in relation to others.

13 posted on 07/11/2003 1:27:13 PM PDT by yonif
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To: yonif
You are expecting a rational answer...
14 posted on 07/11/2003 1:31:17 PM PDT by Yehuda (http://www.JewPoint.blogspot.com)
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To: wideawake
Hi spying data did end up in ohter hands than Israel's. He's no saint and is a criminal in America.
15 posted on 07/11/2003 1:37:13 PM PDT by Thebaddog (Fetch this!)
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To: yonif
Dont worry about the others . Each spy has something to offer . They sometimes have something to trade when caught also .

This is not about being PC my friend . Oh I've read a truck load of why Mr. Pollard is this & that guy got 1/2 the time till I became bored .

Go back to when the OSS was founded . Or think back to some of those check point charlie exchanges in the 70's . It's a hard nosed game Yonif .

16 posted on 07/11/2003 1:43:06 PM PDT by Ben Bolt
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To: Thebaddog
I'm the first to say that Pollard should hang for his crimes. If it were up to me he would not be drawing breath right now.

Just because someone else may have gotten off lighter than he did doesn't mean he shouldn't get exactly what's coming to him.

17 posted on 07/11/2003 1:44:48 PM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: wideawake
Exactly.
18 posted on 07/11/2003 1:48:44 PM PDT by TheAngryClam (NO MULLIGANS- BILL SIMON, KEEP OUT OF THE RECALL ELECTION!)
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To: Yehuda
I dont know what you are implying but each case has to do sometimes with the times we are living in . Do you remember Yurichenko from Canada ?

Now that was an interesting case !

19 posted on 07/11/2003 1:49:30 PM PDT by Ben Bolt
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To: yonif; Yehuda
The question seems to be: why does Pollard get a comparatively harsher punishment than other spies?

My answer is:

(1) Every case is different and for national security reasons we may never have all the details. He may have done things deserving such harsh punishment.

(2) He has shown zero remorse - which is often a factor in commutations and sentence reductions.

(3) He may have had nothing to bargain with. The others who got off more lightly may have had information that the US decided was worth bargaining for and Pollard may not have been able to provide such negotiating material.

Pollard is a big boy, he played a very dangerous game, and he lost. He will never get any sympathy from the American public and it frankly hurts the Israeli cause in this country when Israel and Israelis are seen advocating for him.

I understand that the State of Israel cannot abandon him because it would hurt Israel's ability to recruit intelligence operatives if the Israel was perceived to not care about their fate. But others would be better advised to spend their time and treasure on more worthwhile pursuits, like derailing this suicidal "road map".

20 posted on 07/11/2003 2:19:54 PM PDT by wideawake (God bless our brave soldiers and their Commander in Chief)
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To: yonif
The Pollard defenders never learn. They never, never, never learn. Their stategy from the very beginning of in-your-face Pollard hype, all the time, everywhere, has failed miserably, keeping their man securely behind bars and eliciting nothing but consternation and contempt from the overwhelming majority Americans whenever the issue is raised in the media, which seems to be several times every year at least.

Now we see a new tack with an Iraq connection. How absurd -- how utterly and completely absurd.

Maybe if you guys would SHUT UP for a few years and work QUIETLY for Pollard's release you might have some success. I have no doubt in my mind that had that strategy been adopted in the beginning, and his name had dropped from public consciousness, Pollard would have been released years ago.

21 posted on 07/11/2003 2:33:03 PM PDT by beckett
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To: beckett
Maybe if you guys would SHUT UP for a few years and work QUIETLY for Pollard's release you might have some success.

Maybe if you looked down the thread, you would have noticed, that I am not a "Pollard Defender"

22 posted on 07/11/2003 2:50:00 PM PDT by yonif
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To: yonif
Pollard is in prison where he belongs. So's Hansen, but Hansen should have been hung --- he earned it!
23 posted on 07/11/2003 2:57:54 PM PDT by onyx (Name an honest democrat? I can't either!)
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To: yonif
Maybe if you looked down the thread, you would have noticed, that I am not a "Pollard Defender"

It is highly disingenuous for you to claim not to be a Pollard defender. I'd go back and search for the articles you've posted on this forum about the guy, but I don't feel like working half the night just to find them all.

While you may not be strictly defending his acts of espionange, your consistent posting of articles sympathetic to his plight just about qualifies you for a paid position on his legal defense team.

24 posted on 07/11/2003 3:29:23 PM PDT by beckett
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To: TheAngryClam
I agree. I consider Israel a friend, but Pollard is a spy. He is where he should be.
25 posted on 07/11/2003 3:56:49 PM PDT by He Rides A White Horse (For or against us.........)
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To: yonif
Court of Appeals Judge Stephen Williams called the case "a fundamental miscarriage of justice," and expressed his desire to completely pardon Pollard. Jonathan Pollard passed along information to Israel that may have saved many lives, and for it he is serving a life sentence.

We can't have individuals running around determining all by themselves which countries deserve access to classified information. What kind of precedent would that be?

26 posted on 07/11/2003 4:00:15 PM PDT by He Rides A White Horse (For or against us.........)
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To: beckett; wideawake; yonif
beckett: While you may not be strictly defending his acts of espionange, your consistent posting of articles sympathetic to his plight just about qualifies you for a paid position on his legal defense team.

wideawake: The question seems to be: why does Pollard get a comparatively harsher punishment than other spies?

=======================>

I pass on most of the Pollard threads, but since beckett took such a gratuitous slap at Theodore Olson and his legal defense team( I know you didn’t mean it:>) I’ll add a few comments.

Pollard really isn’t the issue, he’s a traitorous *hit and if he rots in jail I won’t lose much sleep. The circumstances of his sentencing, however, are interesting. I’ll post a couple of Ted Olson’s articles below. They’re old, but he explains it better than I do.

The judges sentencing outside of the plea agreement guidelines is certainly legal, not something you want to do often, since that will be the end of plea agreements. I’m troubled in general by secret documents, though they may sometimes be necessary. Pollard was sentenced based on a 4 page document which he didn’t receive a copy of, and was allowed to look at, with his attorney, for 5 minutes. The NIS says everything in the document was declassified in the early 90s. His current attorneys have the necessary security clearances to view it today. IMO, the documentation should be released. If he deserves the life sentence, we’ll know. If the information in the document were later proved false, the legal system can deal with it.

Interestingly, the two people who know the case best both support release. Ted Olson, his longtime defense attorney for whom I have a great deal of respect, says it will lead to his release. Joe di Genova, the prosecutor for whom I have a great deal of respect, says it will prove his guilt, and the propriety of the sentence, once and for all. Interestingly, Casper Weinburger, who wrote it, left the Pollard (the worst spy of the year of the spys) case out of his memoirs. When asked why, he said it wasn’t an important issue in his career. Given the disparity of opinion, it’s likely they’ll be disagreement if the documentation is released, but it’s time it sees the light of day.

BTW, arguing this one as a Jewish issue is just stupid, just or injust that’s clearly not why he was sentenced.

==============================

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. Olson is the former lead attorney for Jonathan Pollard.

================================

Theodore B. Olsen Esq.

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

27 posted on 07/11/2003 4:02:04 PM PDT by SJackson
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To: beckett
Your post #21 is right on the money.
28 posted on 07/11/2003 4:02:26 PM PDT by onyx (Name an honest democrat? I can't either!)
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To: yonif
"Passing classified information to an ally, without intent to harm the United States."

'I passed on top secret information to the Chinese not because I intended to harm the United States, but because I wanted to help them defend themselves.'

I don't think so.

29 posted on 07/11/2003 4:06:29 PM PDT by He Rides A White Horse (For or against us.........)
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To: yonif
Spying itself would no longer a crime.........no, we'll have to determine what the motivation of an individual is before we determine if it is a crime at all. That's an extremely dangerous precedent to set, with stakes that high.
30 posted on 07/11/2003 4:16:56 PM PDT by He Rides A White Horse (For or against us.........)
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To: SJackson
I don't deny that the plea deal was funky, even though I don't quite buy the Olson/DiGenova version. In any case, I don't care at this point, and neither should anybody else. This man has been in prison for all these years because of positions and actions he's taken since the plea deal, primarily, as I said above, his encouragement of a high profile "rage against the machine" strategy vis-a-vis the US government when a low profile, quiet, fade-into-the-woodwork-hope-everybody-forgets-my-name approach might have gotten him released years ago.
31 posted on 07/11/2003 9:48:23 PM PDT by beckett
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To: yonif
What I did say that I dispute the sentence he got in relation to the rest of those in same circumstances (most of which are not in this article).

How do you know what Pollard's circumstances are? Why won't anyone ever answer this question?

32 posted on 07/11/2003 11:35:16 PM PDT by Rodney King (No, we can't all just get along.)
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