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Judge Asked to Reopen Pollard Israeli Spy Case
Reuters ^ | September 2, 2003 | James Vicini

Posted on 09/02/2003 6:24:33 PM PDT by Selmo

WASHINGTON (Reuters) - A lawyer for Jonathan Pollard, a former U.S. Navy intelligence analyst who admitted spying for Israel, argued on Tuesday his 1987 sentence of life in prison should be set aside because he received ineffective assistance of counsel.

Lawyer Jacques Semmelman asked U.S. District Chief Judge Thomas Hogan to reconsider a different judge's ruling in 2001 that denied a request to set aside the sentence, which Pollard, 49, is serving at a federal prison in North Carolina.

Pollard, wearing dark green prison garb and white yarmulke, sat at the defense table, never addressing the court during the 90-minute hearing. His wife and father were in the crowded courtroom, along with numerous supporters.

The judge took the request under advisement, along with a second request that the lawyers be given access to highly classified government documents from sentencing so they can more effectively pursue clemency for Pollard. It was not known when the judge would rule.

Pollard's lawyer argued he received ineffective assistance of counsel by his initial lawyer who represented him when he pleaded guilty and was sentenced, and then by his lawyer who represented him in his first appeal in the early 1990s.

"He asks only for justice and a fair sentencing," Semmelman said.

"He has never had that," the lawyer added, asking the judge to "correct this miscarriage of justice."

Semmelman argued the lawyer's performance during and after sentencing had been "woefully deficient," in that he failed to file a notice of appeal and did not object to what Semmelman called breaches in the plea agreement.

He argued Pollard's lawyer in the first appeal also had been ineffective.

A government lawyer said the court does not have legal jurisdiction to reopen Pollard's claim, and that the request should be denied.

Pollard's other lawyer, Eliot Lauer, asked the judge to give them access to the classified documents, including a declaration by then-Defense Secretary Caspar Weinberger filed by the government right before sentencing.

Lauer said the lawyers could better respond to the "innuendo" about the damage caused by Pollard's spying if they could see the declaration.

Pollard's initial lawyer had access to the declaration. Requests for access to it have been turned down by a federal judge in 1990, a U.S. appeals court in 1992 and twice by a federal judge in 2001.

Arrested in 1985 outside the Israeli Embassy in Washington, Pollard was sentenced for selling tens of thousands of pages of classified U.S. information to Israel. His former wife, Anne, was sentenced to five years in prison for assisting him.


TOPICS: Front Page News; News/Current Events
KEYWORDS: pollard

1 posted on 09/02/2003 6:24:33 PM PDT by Selmo
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To: Selmo
Release Pollard? NEVER.
2 posted on 09/02/2003 6:28:39 PM PDT by Diverdogz
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To: Diverdogz
I agree... what makes him so special? jail him for life.
3 posted on 09/02/2003 6:30:07 PM PDT by cyborg (i'm half and half... me mum is a muggle and me dad is a witch)
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To: Selmo
Release Pollard now.
4 posted on 09/02/2003 6:33:43 PM PDT by Nachum
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To: cyborg
I read PM Sharon had a petition from the Knesset seeking Pollard's release on his last visit to present to President Bush. However, Sharon decided against giving it to Bush. Dunno if he caught any flack from the pols back there when he went home for not following through.
5 posted on 09/02/2003 6:35:28 PM PDT by Selmo
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To: Selmo
Imagine that... I wonder what would happen if Israel caught one of our boys spying on them?Hmmm... or any nation for that matter. A country has a right to protect its national security. No special treatment.
6 posted on 09/02/2003 6:37:28 PM PDT by cyborg (i'm half and half... me mum is a muggle and me dad is a witch)
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To: Selmo
I read PM Sharon had a petition from the Knesset seeking Pollard's release on his last visit to present to President Bush. However, Sharon decided against giving it to Bush.

Sharon probably knew what Dubya would have told him to do with it. And rightly so.

7 posted on 09/02/2003 6:38:06 PM PDT by jackbill
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To: cyborg
The fact is, some of what Pollard took for himself ended up with the Red Chinese.
8 posted on 09/02/2003 6:40:56 PM PDT by Eric in the Ozarks
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To: Eric in the Ozarks
You watch. This guy will be released when he should have been executed like the Rosenbergs.
9 posted on 09/02/2003 6:44:48 PM PDT by diamondbill
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To: Nachum
I agree. Once Pollard has been properly drawn and quartered, he should be released. The parts can then be shipped to Israel; I don't want them polluting American soil.
10 posted on 09/02/2003 6:47:03 PM PDT by WackyKat
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To: Selmo
"He asks only for justice and a fair sentencing," Semmelman said.

Fine. Where's the hangman?

11 posted on 09/02/2003 6:51:52 PM PDT by F16Fighter
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To: Selmo
There's no stronger defender of Israel on FR than me. And I say, keep Pollard in the clink.
12 posted on 09/02/2003 6:52:33 PM PDT by Charlotte Corday
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To: Nachum
"Release Pollard now."

Give just one good reason why he shouldn't have been executed yesterday. He is a traitor to the United States of America.

13 posted on 09/02/2003 6:55:27 PM PDT by F16Fighter
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To: F16Fighter
Because the court went back on its own plea bargin agreement, for one.
14 posted on 09/02/2003 6:57:05 PM PDT by Nachum
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To: cyborg
Right on.
15 posted on 09/02/2003 7:07:59 PM PDT by At _War_With_Liberals
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To: Nachum
The COURT cannot enter into a plea agreement--go read the federal rules of criminal procedure. Take your arguement somewhere else.
16 posted on 09/02/2003 7:09:36 PM PDT by Founding Father
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To: Nachum
Release Pollard now.

From the gallows.

17 posted on 09/02/2003 7:13:09 PM PDT by Senator Pardek
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To: Nachum
"Because the court went back on its own plea bargin agreement, for one."

Not good enough...

The court obviously realized their initial mistaken notion of "fair" and "justice."

"Justice" means traitors to America must be executed. Pollard is NO execption.

18 posted on 09/02/2003 7:17:42 PM PDT by F16Fighter
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To: Nachum
"Release Pollard now."

Why? He is directly responsible for the deaths of untold numbers of Americans.
19 posted on 09/02/2003 7:20:53 PM PDT by lawdude (Liberalism: A failure every time it is tried!)
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To: lawdude
How do you know that? All the "evidence" has been classified and only 24 people have ever seen it; not even Pollard's lawyers.
20 posted on 09/02/2003 7:27:02 PM PDT by Nachum
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To: F16Fighter
Traitors? The foulest traitors are those who work in our Courts or Military, or fly F16's, and spit on the high ethics and heritage our Founding Father's granted us by ignoring the Constitution.

Israel is not an enemy, and the Constitution is perverted by secret tribunals without a formal declaration of war.

Hate drives plenty of magical thinking. The reality of OUR heritage is due a higher standard than the smelly, foul mud too many such as yourself and others have carelessly and spitefully dropped it in.

Artcle III, Section 3.
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
"OPEN COURT" VERY CLEAR WORDS!

The words of the LAW. The LAW that is shat on by haters wearing brass and robes or holding prize Federal sinecures.

21 posted on 09/02/2003 7:34:08 PM PDT by bvw
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To: F16Fighter
The court obviously realized their initial mistaken notion of "fair" and "justice."

The plea bargain agreement was made with the prosecution. The Judge "decided" at the last moment to violate their own plea bargain and determime his own sentence on "secret" evidence that the defense had never seen.

You have a great deal of trust in this judge. I'm sorry, I don't trust a judge with secret evidence enough to sentence a man to life in prison or death.

22 posted on 09/02/2003 7:37:46 PM PDT by Nachum
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Comment #23 Removed by Moderator

To: bvw
Grab yourself part of Pollard's rope. Cowards and traitors deserve only the same eventual fate.
24 posted on 09/02/2003 7:47:27 PM PDT by F16Fighter
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Comment #25 Removed by Moderator

To: F16Fighter
I'll happily tranfer it's weight from his neck, and then use it to relash sanity to our National authorities.
26 posted on 09/02/2003 7:54:34 PM PDT by bvw
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To: The Ghost of Richard Nixon
Hey no one can tell Israel what to do. They wanted to release those terrorists, and weren't those terrorists released under peacenik administrations anyway? I find it hard to believe that Israel would risk the lives of its people. If they felt there was some threat, then they would have never done it.

Pollard should rot in jail just like every other spy.
27 posted on 09/02/2003 7:59:51 PM PDT by cyborg (i'm half and half... me mum is a muggle and me dad is a witch)
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To: cyborg
Hey no one can tell Israel what to do

The state dept. tells them what to do all the time.

28 posted on 09/02/2003 8:03:33 PM PDT by Nachum
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To: Nachum
They don't have to listen. What Pollard did was wrong and he should pay... pay with jail time.
29 posted on 09/02/2003 8:05:52 PM PDT by cyborg (i'm half and half... me mum is a muggle and me dad is a witch)
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To: cyborg
They don't have to listen

Oh yes they do. Without US support, Israel would have huge problems.

30 posted on 09/02/2003 8:07:58 PM PDT by Nachum
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To: cyborg
he should pay... pay with jail time.

He did. It is now time to let him out.

31 posted on 09/02/2003 8:09:00 PM PDT by Nachum
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To: bvw
"I'll happily tranfer it's weight from his neck, and then use it to relash sanity to our National authorities."

Speaking of "sanity," your (non)sense of any reality as it relates to the security of my country is insane.

Please buzz yor duty nurse for your medication.

32 posted on 09/02/2003 8:09:56 PM PDT by F16Fighter
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To: Selmo; hchutch; Chancellor Palpatine
A lawyer for Jonathan Pollard, a former U.S. Navy intelligence analyst who admitted spying for Israel, argued on Tuesday his 1987 sentence of life in prison should be set aside because he received ineffective assistance of counsel.

Well, there isn't a hell of a lot that counsel can do when there's a gazillion or so classified documents in the guy's residence, tagged for photographing and transfer to Israel...

33 posted on 09/02/2003 8:11:50 PM PDT by Poohbah (Crush your enemies, see them driven before you, and hear the lamentations of their women.)
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To: Nachum
Well we are going to have to disagree my friend.
34 posted on 09/02/2003 8:13:47 PM PDT by cyborg (i'm half and half... me mum is a muggle and me dad is a witch)
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To: cyborg
You don't have to wonder what would happen, were the shoe on the other foot:

There was once a Jewish scientist of Yemeni background who was working on Israel's then-secret atomic bomb project. He merely released 20 or so photos of his work to a London newspaper:

The outraged Israelis kidnapped him back to Israel and jailed him for 20 years.

35 posted on 09/02/2003 8:57:09 PM PDT by gaijin
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To: diamondbill
His actions were shameful.
I think there are too many people keeping an eye on this case to let Pollard go. I wouldn't mind letting him out when he's 90 or 95.
36 posted on 09/03/2003 6:32:40 AM PDT by Eric in the Ozarks
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