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October 21, 2014 / 27 Tishri, 5775
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Posts Tagged ‘Pollard’

More than 14,000 Sign ‘Free Pollard Now’ Petition

Tuesday, February 12th, 2013

More than 7,000 have signed the online “Free Pollard Now” petition within the first 24 hours after it was published. The petition is to be submitted to President Barack Obama during his upcoming visit to Israel in March. In total, more than 14,000 have signed the petition.

The petition asks President Obama to release Jonathan Pollard, who has served 28 years of a life sentence in American prisons for espionage on behalf of Israel. This petition follows President Shimon Peres and Prime Minister Binyamin Netanyahu’s formal appeals to Obama to release Pollard.

The petition organizers were initially hoping to get at least 15,000 signatures, but have now increased their goal to 25,000, in light of the massive support they are receiving from the public.

Asher Mivtzari, one of the petition initiators, told Tazpit News Agency that the petition was not political or sectarian in any way. All segments of Israeli society have joined the petition, in a rare show of unity.

The full petition reads:

Dear President Obama:

We, the People of Israel, look forward hopefully and with pleasure to your visit to our country.

In anticipation of this important occasion, we would like to appeal to you about a matter which is deeply troubling to every one of us.

Our President, Shimon Peres, and our Prime Minister, Binyamin Netanyahu have both issued formal appeals to you on behalf of the People of Israel, imploring you to release Jonathan Pollard.

Jonathan Pollard has now served 28 years of a life sentence in American prisons. A few short weeks from now, he will mark his 10,000th day in jail. Both he and Israel have repeatedly expressed remorse. We have learned our lesson and have been living with the painful consequences for nearly 3 decades.

We are encouraged by the appeals of Secretaries of State Kissinger and Schultz, among the many American officials calling for Jonathan Pollard’s release, including many who have first-hand knowledge of the case, because of the gross disproportionality of his sentence. Jonathan’s failing health lends urgency to their appeals.

We, The People, simple citizens of the State of Israel, sincerely hope that you will take this opportunity to respond positively to the many requests for Jonathan Pollard’s release, including those made by Prime Minister Netanyahu and President Peres on our behalf.

We appeal to you as one who symbolizes the shared values of humanity, compassion and hope for a second chance, that both of our nations embrace. We implore you to commute Jonathan Pollard’s sentence to time served without delay and allow him to live out his remaining days as a free man. It is our fervent hope and prayer that your upcoming trip to Israel will bring us the good news we have waited for, for so very long, and that this tragic and painful episode can finally be put to rest once and for all.

The petition can be found at: http://www.atzuma.co.il/presidentobama

Fuel For The Pollard Controversy

Wednesday, December 19th, 2012

Many Washington officials have long spun the story that convicted Israeli spy Jonathan Pollard did immense harm to this country’s national security by stealing vital American military and intelligence secrets. Thus, the U.S. intelligence community has always opposed Mr. Pollard’s release.

(Most notoriously, then-CIA director George Tenet threatened to resign if President Clinton followed through on his reported plan to release Mr. Pollard in return for Israeli concessions at the Wye Plantation negotiations; Mr. Clinton backed off on releasing Pollard but pocketed the concessions anyway.)

In any event, it was maintained that Mr. Pollard refused to disclose the full extent of his spying which was said to have included turning over to his Israeli handlers the names of U.S. agents around the world, information said to have ended up in Soviet hands because of Soviet penetration of Israeli intelligence.

Newly released declassified documents, however, paint a significantly different picture.

The documents primarily relate to the 1987 CIA damage assessment report based on its interrogation of Mr. Pollard. It records that Mr. Pollard’s spying was focused, at Israel’s request, on information the U.S. had about the Soviets and Arab states, not U.S. military secrets. In particular this involved gathering data on Syria’s chemical weapons program, Pakistan’s nuclear program and Egypt’s missile program. According to the documents, “The Israelis did not request or receive from Pollard intelligence concerning some of the most sensitive U.S. national security resources…. The Israelis never expressed interest in U.S. military activities, plans, capabilities or equipment. Likewise, they did not ask for intelligence on U.S. communications per se.”

The documents also note that Mr. Pollard’s CIA debriefers said he cooperated “in good faith” and that polygraph examinations “tended to confirm that his cooperation with U.S. authorities was bona fide.” As a consequence, they were confident they were aware of the full extent of the information Mr. Pollard shared with Israel.

The documents also debunk the widespread belief that a secret memorandum submitted to the sentencing judge sealed Mr. Pollard’s fate. Rather, he received a life sentence despite a plea agreement calling for a much shorter term because he gave an interview to The Jerusalem Post in violation of the agreement. (Mr. Pollard’s attorneys deny that the interview violated the agreement.)

There are, to be sure, negatives in the report for Mr. Pollard: as was widely reported from the beginning of the story, his spying for Israel was done on a for-pay basis, and there is the unexplained assertion in a mostly redacted section in the report that “Pollard’s espionage has put at risk important U.S. intelligence and foreign-policy interests.” Perhaps this alludes to the Soviets having indirectly deduced U.S. information gathering techniques from the data on Arab countries.

But in the 28th year of Mr. Pollard’s imprisonment, and especially in light of what the declassified documents reveal, that should now be beside the point.

As Lawrence Korb, a U.S. deputy secretary of defense at the time of Mr. Pollard’s arrest, has said, the release of the CIA report “underscores the case for Pollard’s immediate release…. We knew all along that the information that Pollard passed concerned Arab countries, and not the U.S., but the release of this official document confirming the facts makes it much easier to bring a speedy end to this tragedy. After 28 years is time for Pollard to be released and to go home now.”

We agree.

Weinberger Gave Judge Wrong Information Resulting in Pollard’s Life Sentence

Tuesday, December 18th, 2012

I previously wrote about new documents declassified in the Jonathan Pollard case, which might help us understand his disproportionate life sentence and why he is still imprisoned after 27 years.

Pollard’s lawyers negotiated a plea agreement with the government: he agreed to plead guilty and gave up his right to a jury trial; in return, the prosecution agreed not to seek a life sentence. By the precedents set by other cases of espionage on behalf of allies, Pollard expected a much lighter sentence.

Instead, the Secretary of Defense, Caspar Weinberger, presented a memo to the court at the last minute accusing Pollard of doing massive damage to the U.S. The prosecution then reneged on its agreement and the judge sentenced Pollard to life imprisonment. Pollard’s lawyers were able to see the document for a few minutes, but were not given the opportunity to respond. The document has been released in a highly redacted form, so it is still not possible to know precisely what was in it.

Part of the content was probably assertions that information from Pollard found its way to the Soviet Union, exposing several American agents who were then murdered by the KGB. As I explained Friday, it appears that the agents were actually betrayed either by double agent Aldrich Ames or another ‘mole’ in the CIA who was being protected by Ames. Hershel Shanks explains,

In 1983 Ames was made chief of the CIA’s Soviet counterintelligence branch in the Soviet-East European Division. Ames was recruited by the Russians in 1984. Ames would, of course, have every reason to deflect suspicion from himself and blame someone else for what was happening in the Moscow bureau – and Ames was in a position to do so.

The information Pollard passed to Israel about Russian weaponry in Arab states was obtained, at least in part, from American agents in Russia.

In the intelligence community it was well known that in the past KGB moles had penetrated Israeli intelligence. Perhaps a still-undiscovered Soviet mole inside Israeli intelligence passed the secrets to the Soviets that Pollard had passed to Israel.

Pollard was not sentenced until March 1987. Ames was still in charge of Soviet counter-intelligence within the CIA. Based on what Ames told him, Weinberger drafted his affidavit to the court [my emphasis].

But the government apparently provided additional “facts” to the judge. When Pollard attempted (unsuccessfully) to withdraw his guilty plea in 1990, attorney Alan Dershowitz presented the following affidavit to the court:

  1. My name is ALAN M. DERSHOWITZ. I am a Professor of Law at Harvard Law School. I serve as one of the lawyers for Jonathan J. Pollard. During the 1963 – 1964 Supreme Court term, I was a law clerk to Mr. Justice Arthur Goldberg. Between that time and his death, I remained a close friend and associate of Mr. Justice Goldberg. We worked together on many projects, spoke and met frequently, and jointly authored articles and proposals.
  2. Following the publication of the a letter to the Jerusalem Post, on September 12, 1989, I spoke to Justice Goldberg on the telephone about the sentence imposed on Jonathan Pollard. I promised to send him some comparative sentencing data. Justice Goldberg promised to make some inquiries on his own regarding the sentence.
  3. Subsequent to this conversation, Justice Goldberg called me to tell me that he had personally met with Judge Aubrey Robinson and discussed the Pollard sentence with him. Justice Goldberg told me that Judge Robinson had told him that he (Judge Robinson) had been provided by the government with evidence that Jonathan Pollard had given Israel American satellite photographs proving that Israel had tested Jericho missiles in South Africa and had provided South Africa with missile and nuclear technology. Justice Goldberg told me further that Judge Robinson was particularly outraged by the Israel-South Africa connection and Pollard’s role in providing Israel with evidence that the United States had satellite evidence of it. Justice Goldberg told me that he understood why Judge Robinson, as a Black man, would be particularly sensitive to this evidence. Justice Goldberg told me that Judge Robinson had told him that Pollard-South African connection had weighed heavily in his (Judge Robinson’s) decision to impose a life sentence. I told Justice Goldberg that I did not believe that Jonathan Pollard had provided Israel with any such satellite information, but that I would check.
  4. I immediately called Hamilton Fox and Nathan Dershowitz [Pollard's lawyers] and told them of my conversation with Justice Goldberg. Fox said he would check with Jonathan Pollard and his earlier attorney, Richard A. Hibey concerning the truth or falsity of the evidence provided to Judge Robinson.
  5. After being assured by Fox that there was no truth whatsoever in the claim that Jonathan Pollard had provided satellite photographs or information to Israel about South Africa, Jericho missiles or nuclear technology, I wrote Justice Goldberg the attached letter (Attachment A).
  6. On January 15, 1990 I spoke with Justice Goldberg on the phone. He was quite upset at the content of my letter and promised to get to the bottom of it. He told me that he would phone Attorney General Thornburgh for a meeting to discuss this issue and the sentence. He told me that if my facts were correct, then the Justice Department had improperly “pandered” (that was his precise word) to Judge Robinson’s racial sensitivities as a Black judge by providing him with false, inflammatory, ex parte information.
  7. On Friday morning January 19, 1990, I learned from Robert Goldberg that his father, Justice Arthur Goldberg, had died in his sleep during the night.

Was there a “South African connection?” It seems unlikely, considering the kind of information Israel sought from Pollard – information about its Arab enemies and their Soviet supporters.

But more important, even if there were such a connection, Judge Robinson’s outrage that Israel may have aided the hated South African regime is hardly a legitimate reason to doom Pollard to life in prison! After all, even if true, this wasn’t Pollard’s doing.

If indeed a combination of false accusations and an inappropriate emotional reaction by the judge resulted in Pollard’s life sentence, then a miscarriage of justice occurred.

The administration should either release Pollard or explain convincingly why he should remain in prison.

Visit Fresno Zionism.

Pollard Still Imprisoned After 27 Years: An Object Lesson for Jews?

Monday, December 17th, 2012

Highly redacted CIA document about Jonathan Pollard case. Click for larger version.

Highly redacted CIA document about Jonathan Pollard case.

I haven’t written about Jonathan Pollard in a while. I’m prompted to do so again by two things: a recent news report that Pollard was taken to the hospital after collapsing in his cell (he is now back in jail), and the release today of formerly classified documents about his case.

Pollard, a Navy intelligence analyst, was arrested for passing classified information to Israel in 1985 and sentenced in 1987 to life imprisonment, when the government reneged on a plea deal. The judge in the case ruled after receiving confidential information about the damage that Pollard’s spying allegedly caused from former Secretary of Defense Caspar Weinberger.

Weinberger’s memo to the court has now been declassified, but unfortunately the content that persuaded the judge to send Pollard to prison for life has been redacted, so we still don’t know exactly what Pollard is supposed to have done that justified his hugely disproportionate sentence. You can read more about the case here.

Some commentators think that Pollard was accused of being the source of information which led to the deaths of American agents at the hands of the Soviet KGB, when in fact this was provided by traitors Aldrich Ames and Robert Hanssen. But this can’t be determined from what’s left of Weinberger’s memo.

One interesting item that appears in the declassified documents are details about some of what Pollard provided:

The documents provided information on PLO headquarters in Tunisia; specific capabilities of Tunisian and Libyan air defense systems; Iraqi and Syrian chemical warfare productions capabilities (including detailed satellite imagery); Soviet arms shipments to Syria and other Arab states; naval forces, port facilities, and lines of communication of various Middle Eastern and North African countries; the MiG-29 fighter; and Pakistan’s nuclear program. Also included was a U.S. assessment of Israeli military capabilities.

The government has not provided any additional information that makes the reasons for keeping Pollard in prison clear. While he certainly is guilty of transmitting classified information to an ally, his is the only case of this kind that has resulted in a life sentence. I can’t believe, if the government actually has information to justify the sentence, that it could not be provided in a manner that would be convincing without revealing damaging secrets.

There are at least two other possible reasons for not releasing Pollard that come to mind: either:

  1. Pollard knows something which still, after 27 years, would embarrass the CIA or some other government entity or official; or,
  2. The administration believes that it is absolutely necessary to send a message that Jewish disloyalty will be treated with maximum harshness.

I’m going with number 2.

Visit Fresno Zionism.

Declassified: Pollard’s Handlers Wanted Arab and Soviet, Not US Information

Saturday, December 15th, 2012

When Naval Investigative Service analyst Jonathan Pollard spied for Israel in 1984 and 1985, his Israeli handlers asked primarily for nuclear, military and technical information on the Arab states, Pakistan, and the Soviet Union – not on the United States – according to the newly-declassified CIA 1987 damage assessment of the Pollard case, published Friday by the National Security Archive at George Washington University.

According to the GWU National Security Archive, the damage assessment (PDF) includes new details on the specific subjects and documents sought by Pollard’s Israeli handlers, such as Syrian drones and central communications, Egyptian missile programs, and Soviet air defenses. The Israelis specifically asked for a signals intelligence manual that they needed to listen in on Soviet advisers in Syria. The document describes how Pollard’s handler, Joseph Yagur, told him to ignore a request, from Yagur’s boss, for U.S. “dirt” on senior Israeli officials and told Pollard that gathering such information would terminate the operation.

Under the heading “What the Israelis Did Not Ask For,” the assessment remarks that they “never expressed interest in US military activities, plans, capabilities, or equipment.”

Jonathan Pollard's I.D. Photograph

Jonathan Pollard’s I.D. Photograph.                                                       Photo: U.S. Naval intelligence

The assessment also notes that Pollard volunteered delivery of three daily intelligence summaries that had not been requested by his handlers, but which proved useful to them, and ultimately handed over roughly 1,500 such messages from the Middle East and North Africa Summary (MENAS), the Mediterranean Littoral Intelligence Summary (MELOS), and the Indian Ocean Littoral Intelligence Summary, in addition to the more than 800 compromised documents on other subjects that Pollard delivered to the Israelis in suitcases.

The damage assessment (PDF) also features a detailed 21-page chronology of Pollard’s personal life and professional career, including his work for the Israelis, highlighting more than a dozen examples of unusual behavior by Pollard that the CIA suggests should have, in retrospect, alerted his supervisors that he was a security risk. Prominent on the list were false statements by Pollard during a 1980 assignment with Task Force 168, the naval intelligence element responsible for HUMINT collection. Pollard is now serving a life sentence in prison for espionage.

The CIA denied release of most of the Pollard damage assessment in 2006, claiming for example that pages 18 through 165 were classified in their entirety and not a line of those pages could be released. The Archive appealed the CIA’s decision to the Interagency Security Classification Appeals Panel, established by President Clinton in 1995 and continued by Presidents Bush and Obama. The ISCAP showed its value yet again as a check on systemic overclassification by ordering release of scores of pages from the Pollard damage assessment that were previously withheld by CIA, and published today for the first time.

According to Jeffrey T. Richelson, writing for the GWU Archive, until his arrest, Pollard delivered approximately 800 documents, many of which were classified top secret or codeword. In addition, he stole an estimated 1,500 current intelligence summary messages.

The documents provided information on PLO headquarters in Tunisia; specific capabilities of Tunisian and Libyan air defense systems; Iraqi and Syrian chemical warfare productions capabilities (including detailed satellite imagery); Soviet arms shipments to Syria and other Arab states; naval forces, port facilities, and lines of communication of various Middle Eastern and North African countries; the MiG-29 fighter; and Pakistan’s nuclear program. Also included was a U.S. assessment of Israeli military capabilities.

Pollard’s disclosures were alarming to U.S. officials for several reasons, some of which were noted in their official declarations (Document 6, Document 8). One, despite the fact that both the U.S. and Israeli considered each other legitimate intelligence targets, was Israel’s willingness to run a human penetration operation directed at the U.S. government. Another, was the damage to the intelligence sharing arrangement with Israel – since its acquisition of material from Pollard weakened the U.S. position vis-a-vis intelligence exchanges with Israel.

In addition, there was no guarantee that such documents, revealing both sources and methods as well as assessments, would not find their way to the Soviet Union via a Soviet penetration of the Israeli intelligence or defense community – as had happened with a number of other allies. Further, since Israel was a target of U.S. intelligence collection – particularly technical collection – operations, the documents could be used by Israeli counterintelligence and security organizations to help Israel neutralize or degrade U.S. collection operations.

Jonathan Pollard Returned to Prison

Sunday, December 9th, 2012

After a week of medical tests in the hospital, Jonathan Pollard was returned on Sunday to his prison cell.

After falling seriously ill a week ago, Pollard was taken to a hospital were tests were performed,including an MRI of his brain.

The results are not yet in, but his condition stabilized enough that the authorities decided to return him to his cell to await the results of the tests.

Time To Let Jonathan Pollard Go

Wednesday, December 5th, 2012

Jonathan Pollard’s long incarceration has taken its toll and he is now seriously ill. While he is not the first inmate to suffer in this manner, most are given consideration for compassionate early release. It in no way diminishes the severity of his crimes to suggest he should be sent home. His sentence was Draconian, as attested to by a growing number of former senior federal officials, including several from Congress and the intelligence community.

In this connection, we were disappointed that retiring Connecticut Sen. Joseph Lieberman, who in the past pointedly refused to get involved with the issue, still does not seem interested – this despite his call for Congress to have “mercy” on United Nations Ambassador Susan Rice, who has been heavily criticized for her statements after the Benghazi attack. The circumstances are obviously very different but we were struck, nevertheless, by his compassion for Ms. Rice, which stands in such stark contrast to his disinterest in Mr. Pollard’s plight.

Several years ago his Senate colleague, New York’s Charles Schumer, said in an interview after being asked about his reported review of the classified Pollard case file:

Pollard should have been punished, he spied on the United States. But the sentence he received is disproportionate. When I got the top-secret briefing you alluded to, it didn’t teach me anything that I didn’t know from open sources.

Sen. Lieberman once told an interviewer that he had had “a classified briefing” in the matter and noted that “Pollard did some terrible things” – though he also acknowledged that “he’s been in a long time…but if you’re asking if I’m going to get involved, no.” When pressed further he said,

He’s been in a very long time. Our system of justice unfortunately sometimes produces results like this. Two people, even in the same state, can both be charged with murder and convicted of murder. One gets a life sentence for some reason and maybe that is commuted to 25 years; the other gets executed. I mean, that’s just the way it is.”

Mr. Lieberman’s words speak for themselves.

Printed from: http://www.jewishpress.com/indepth/editorial/time-to-let-jonathan-pollard-go/2012/12/05/

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