Friday, January 24. 2014
POLLARD FILE PREPARED ESPECIALLY FOR JOE SAMUELS, EDITOR JEWISH HERALD-VOICE
BY BERNARD J. SHAPIRO, FREEMAN CENTER
THE MACCABEAN, November 1998
NO TREASON IN POLLARD CASE
Pollard's Wife to Globe and Mail: Set the Record Straight
October 25, 1998,
Re: Jewish-American Spy A Cause Celebre Around the World, Globe and Mail October 24, 1998.
From: Esther Pollard (Mrs. Jonathan Pollard)
When a man's fate and his very life hang in the balance, the Globe and Mail has an obligation to do its homework first, instead of recycling old canards and allegations. Contrary to what the Globe and Mail published, here are the facts:
1) JONATHAN POLLARD DID NOT COMMIT TREASON
He was never accused of treason. He was never indicted for treason. He was not charged with spying against the US, only with spying on behalf of Israel.
2) JONATHAN POLLARD DID NOT COMPROMISE US SOURCES AND METHODS
This is an old canard that the CIA trots out for the media with predictable regularity. In fact, Jonathan Pollard never had access to sources-and methods, or codes information . Even though the real culprits, (Aldrich Ames, David Boone and others), who compromised this sensitive information have since been arrested, the CIA has never stopped scapegoating Pollard for their crimes.
3) JONATHAN POLLARD DID NOT HARM US SECURITY
Jonathan Pollard has never been indicted for harming the United States, its agents, its property or its installations. THERE IS ABSOLUTELY NO EVIDENCE THAT WOULD SUPPORT SUCH A CHARGE. The only information that Jonathan Pollard gave over to the Israeli Government was information related to the vital security of the State of Israel - information that the US had legally pledged to share with Israel.
4) ONLY ONE INDICTMENT: ONE COUNT OF PASSING CLASSIFIED INFORMATION TO AN ALLY
The one and only charge on which Jonathan Pollard was indicted was one count of passing classified information to an ally. This is a lesser charge of the American espionage statutes. It carries a median sentence of 2 to 4 years. Today the maximum sentence has been capped at 10 years. Jonathan Pollard is entering his 14th year of a LIFE SENTENCE, with no end in sight.
5) JONATHAN POLLARD NEVER HAD A TRIAL
He entered into a plea agreement with the US government in which he gave up his right to a trial. At sentencing, the Government completely violated the plea agreement and gave Jonathan a LIFE SENTENCE without possibility of parole. Who plea bargains for a life sentence?
6) JONATHAN POLLARD WAS ACCUSED IN KAFKA-ESQUE SECRECY
Neither Pollard nor his attorneys have ever been allowed to see a classified memorandum to the sentencing judge in which former secretary of defense Caspar Weinberger levels secret charges against him. Nothing in the indictment against him supports the grossly disproportionate sentence that he received.
(NOTE: IN CANADA SUCH INTERFERENCE IN THE JUDICIAL PROCESS BY THE LEGISLATIVE BRANCH OF GOVERNMENT WOULD HAVE RESULTED IN A MISTRIAL, AND THE POLLARD CASE WOULD NEVER HAVE HAPPENED!)
7) LIFE SENTENCE FOR FRIENDLY ESPIONAGE: UNPRECEDENTED
No one in the history of the United States has ever received a life sentence for spying for an ally. Only Jonathan Pollard. The median sentence is 2 to 4 years . Some recent cases of similar spying, ( ex.Schwartz and Lee) received no prison time whatsoever! Appellate Court Justice Stephen Williams termed the Pollard case "a complete and gross miscarriage of Justice."
JONATHAN POLLARD EXPOSED ARAB PLANS TO ANNIHILATE ISRAEL.
The information Jonathan Pollard passed to Israel concerned CHEMICAL, BIOLOGICAL, AND NUCLEAR WEAPONS OF WAR being massed by neighboring Arab countries specifically for use against Israel. It also concerned detailed plans for upcoming terrorist attacks on civilian targets in Israel.
9) VITAL SECURITY INFORMATION ILLEGALLY WITHHELD BY US
Anti-Israel elements within the US security and defense establishments illegally embargoed the flow of information to Israel. For example, the US, did NOT tell Israel about the Scud missiles and poison gas that Saddam Hussein was preparing for use against it.
10) JONATHAN POLLARD TRIED TO RELEASE INFO LEGALLY
He appealed right up the chain of command all the way to the Under Secretary of Defense, but was rebuffed with spurious excuses such as "Jews get nervous when we talk about poison gas, so we won't tell them that that is what Saddam is aiming at them."
11) JONATHAN POLLARD ACTED OUT OF FEAR FOR ISRAELI LIVES
When all of Jonathan Pollard's efforts to legally release the information failed, he acted on his fear for the thousands, indeed millions of Israeli lives that were being jeopardized. He then approached the Israelis and volunteered to make the information available.
12) JONATHAN POLLARD PREPARED ISRAEL FOR THE GULF WAR
The people of Israel call Jonathan Pollard "The Ghost of the Sealed Rooms", because it was his information that allowed the Government of Israel to prepare for and plan for the GULF WAR. For the first time, the concept of gas masks and sealed rooms was introduced into Israeli civil defense.
13) FICTITIOUS VOLUME OF INFORMATION ALLEGED
The volume of information that Jonathan Pollard is alleged to have passed to Israel, is an absurdity - he would have needed to use a moving van on several occasions to have transferred the volume of documents being claimed by the CIA.!
The truth is: Even if only one page or a single sentence of a document was passed to the Israelis, it was counted as if the whole document had been transmitted. Even referenced documents and sources were counted as having been transmitted in toto. Using this calculation, a single page could be counted as 50 hard bound 500 page volumes.
14) JONATHAN POLLARD HAS EXPRESSED HIS REMORSE
Jonathan Pollard has repeatedly expressed his regrets for having broken the law. He is sorry he did not avail himself of legal means to act upon his concerns for Israel.
15) JONATHAN POLLARD HAS PAID A DISPROPORTIONAL PRICE
He has now served 3 times as long in prison as any other person in the United States convicted of a similar offense: 14 years in prison (8 years in solitary confinement), under the harshest of conditions.
16) ISRAEL AND US, CLOSE FRIENDS AND STRONG ALLIES ?
Israel has apologized for the Pollard affair, and given the US strong assurances of no future repetition. Israel has granted Jonathan Pollard citizenship, and has pledged to be fully responsible for him. Four Prime Ministers of Israel, 3 Presidents of Israel, and all the ensuing Parliaments of Israel have repeatedly asked the United States to release
him to Israel. Between close friends and strong allies that ought to be enough.
All of the above information and more is located on our website: http://www.interlog.com/~abrooke/jp
The Globe and Mail has done a grave disservice not only to Jonathan Pollard, but to the fight for equal justice in America, and for equal treatment of Israel as an ally. Set the record straight. Print the facts. They speak for themselves.
Subj: WASHINGTON POST EDITORIAL- JAN 25 1999 (Text Below)
Date: 1/25/1999 10:36:17 PM Central Standard Time
From: Pollard@cpol.com (Pollard)
To: email@example.com (JUSTICE FOR JONATHAN POLLARD)
WASHINGTON POST EDITORIAL- JAN 25 1999 (Text Below)
PREFACING NOTE: In a scathing editorial, (Jan 25 1999) the Washington
Post toes the Intelligence and Defense establishment's line condemning
Jonathan Pollard, but then pauses just long enough to ask some honest
questions about the lack of due process in the Pollard case.
The Post observes that Pollard has never had the opportunity to
challenge the Weinberger Memorandum in court- the document that was
used to put him away for life - and wonders whether fairness was
achieved in this case. Here are some excerpts from that editorial:
WASHINGTON POST -EDITORIAL
Monday, January 25, 1999; Page A20-
THE FACTS OF THE POLLARD CASE
JONATHAN POLLARD is the former naval intelligence analyst convicted in
1987 of spying for Israel and sentenced to life imprisonment. He is back
in the public eye because Israel again has asked President Clinton to
let him out on the grounds that the sentence was too severe...
... But in considering the sentence, we -- all of us -- come to an
awkward spot. The review of the Pollard sentence is inhibited by
secrecy. It is not just that, for national security reasons, secrecy
continues to shroud the substance of his espionage. The practical effect
is also to shroud public understanding of the (sentencing) process
...Secrecy has forced the public debate to rely on incomplete
inferences drawn from bits of public speech and from government leaks
and other unexamined and unexaminable official assertions...
...Judge Robinson gave the defendant the maximum sentence. (In violation
of a plea agreement) He did so, it is evident, leaning largely on a
46-page still-secret affidavit submitted (at the last moment before
sentencing) by Caspar Weinberger, then secretary of defense...
...the uncomfortable fact remains that he (Pollard) has not been able to
test in court the official assertions that put him away. Nor do members
of the public who are today trying to judge the fairness and
appropriateness of the sentence have access to the materials requisite
to an informed judgment....
As far as we are concerned, this man has earned no favor, no mercy, no
benefit of any doubt... But as a defendant in an American courtroom he
should have the protections available to others on trial. Right now he
is in the position of having his fate determined in part by materials to
which he had no access and proceedings of which he was not a part. The
requirement here is not for relief for a loathsome and guilty spy but
for some degree of greater openness for the American people. Especially
with the passage of time, cannot a way be found to pierce some of the
secrecy and provide the public with a better means of judging whether
fairness was achieved in this case?
The Jerusalem Post, Thursday, January 21, 1999 4 Shevat 5759
Public Enemy No. 1
By URI DAN
(January 21) - The unceasing crusade against granting any kind of
clemency to Jonathan Pollard is based on exaggerations - not to
mention lies - aimed at painting him as some kind of monster that
threatened America's national security.
Americans and foreigners that were caught in the US spying for the
Soviet Union, who caused the US real damage by selling its secrets to
the former communist superpower, have received far more lenient
treatment, either by having their sentences reduced or by receiving a
But now, when we are talking about an American citizen (now also an
Israeli citizen) who worked as an intelligence agent for a friendly
country like Israel, all are demanding that he be buried alive in his
prison cell, even though he has been behind bars for more than 13
No one denies that Pollard committed serious crimes and is worthy of
punishment. But it makes no sense to try to turn him into Public Enemy
No. 1, just to prevent him from having his sentence commuted.
Joining the demonization of Pollard this month is the noted American
journalist Seymour Hersh, who, in an article that appeared in the New
Yorker, accused Pollard of everything he could think of.
He described Pollard as a drug abuser, who betrayed his country
because he needed money to support his habit. Hersh also claimed that
the US intelligence secrets that he passed on to Israel made their way
also to the Soviet Union, during the period that the KGB still ruled
Russia and was conducting its own espionage activities throughout the
Now, anyone in Israel who is familiar with the Pollard affair knows
that no secret or document that he gave to Israel was passed on to the
Pollard volunteered to work as an intelligence agent for the
clandestine Scientific Liaison Bureau during the period when Moshe
Arens was defense minister and Yitzhak Shamir was prime minister.
Pollard's work was later approved by Shimon Peres and the late Yitzhak
Rabin, when the two were prime minister and defense minister,
respectively, in the 1984 national unity government.
So the period during which Pollard was providing his crucial
information - some of which had been withheld from Israel improperly,
given the intelligence cooperation agreements the US and Israel had
signed - the Soviet Union was still a diplomatic and security threat
It wasn't possible to even have considered any intelligence deal under
which any Israeli would have turned the material Pollard supplied into
a marketable commodity.
This evil allegation - that Pollard's material had made its way from
Israel to the USSR - was raised during Pollard's trial in 1987. It was
a period when the CIA was suffering brutal hits in the Soviet Union;
when several of its agents were uncovered and even executed.
American security officials were in the dark as to how this had
occurred, and tried to pin the blame on Pollard. Several years later,
they learned the bitter truth: that it was a CIA man, Aldrich Ames,
who had sold out his colleagues for money and caused the biggest
setback the US intelligence community had ever suffered.
But when these shocking facts were revealed, there was no senior US
administration official with the guts to get up and admit that the
allegations against Pollard with regard to the events in the Soviet
Union in the late Eighties had been proven baseless.
There is the same amount of truth to Hersh's turning of Pollard into a
drug addict, with the help of a dubious "witness."
It's no surprise that Seymour Hersh includes half-truths and fairy
tales in his sensational stories, particularly since Pollard is linked
to Israel, which Hersh had already turned into a nuclear monster in a
previous book. In the same fashion, he paints Pollard as a monstrous
spy, who severely harmed American national security.
Just as the current Israeli government, which had nothing to do with
the Pollard affair, finally took responsibility for him and asked that
he be pardoned - something Shamir, Arens, Peres and Rabin couldn't
bring themselves to do - it would behoove an official government
spokesman to categorically deny this libel against Pollard with regard
to the former Soviet Union.
After all, these slanders are meant to discredit Israel as much as
Pollard, as they make Israel look like an ungrateful and treacherous
HaRav Mordecai Eliahu on Pollard and The Mitzvah of Pidyan Shvuyim
October 28, 1997
Former Chief Rabbi of Israel and Rishon Letzion
B"H The 3rd day of the sidra "And he sent forth the dove"
Tishrei 27, 5758 - October 28, 1997
(Translated from Hebrew)
To The Dear and Honorable Gentleman, Attorney Larry Dub, who is occupied
with and engaged in seeking the release of The Honorable Gentleman
Jonathan Pollard, may G-d watch over him and protect him.
In response to the question that others have asked you, namely whether
the mitzvah of Pidyan Shvuyim (the redemption of a captive) is relevant
in the case of the above-named (Jonathan Pollard).
Those who ask, should themselves be asked how it is that they could have
any doubt. It should be clear that this is a great mitzvah and it is the
obligation of all the nation of Israel no matter where they may be, to
do eveything that they can to assist and to aid with all of their
strength and all of their means to work to extricate and free the
Honorable Gentleman Jonathan Pollard, may G-d watch over him and protect
him, who sacrificed himself, for the good of, and in order to
save, all of the nation of Israel.
The mitzvah of Pidyan Shvuyim devolves upon him and it is obligatory for
all of the nation of Israel, both in the land of Israel and in the
Diaspora, to exploit every way to influence those who have the power to
release him from prison and set him free.
May it be that we shall merit to see him here in the land of Israel
speedily and soon. Amain Ken
An Urgent Appeal From The Great Rabbis
Re: "Pidyan Shvuyim": Redemption of a Captive
October 21, 1996
To all our Jewish brethren, wherever they may be:
The difficult plight of Jonathan Pollard is well known and publicized.
He is enduring an usually harsh and severe sentence.
It is a mitzvah incumbent upon every Jew to make efforts to free him
from his imprisonment; those who can should write letters to the
government, and whoever can intercede on his behalf should do so.
In the merit of this great Mitzvah of "Pidyan Shvuyim" (Redemption of a
Captive), may all who take part be abundantly blessed by the One Who
Frees the Imprisoned.
Rabbi Ahron Moshe Schecter: Rosh Yeshiva, Yeshiva R. Chaim Berlin
Rabbi Alter Chanoch Henoch HaKohen Leibowitz: Rosh Yeshiva, Yeshivas
Rabbi Aryeh Malkiel Kotler: Rosh Yeshiva, Beis Medrash Gedola, Lakewood
Rabbi Avraham Ya'akov HaKohen Pam: Rosh Yeshiva, Mesivta Torah Vodaas
Rabbi Moshe Stern: Rav of Debrecin
Rabbi Ya'akov Perlow: Nominsker Rebbe
Rabbi Shmuel Kamenetsky: Rosh Yeshiva, Talmudical Yeshiva of Philadelphia
Rabbi Shmuel Berenbaum: Rosh Yeshiva, Mirrer Yeshiva
Rabbi Ya'akov Weinberg: Rosh Yeshiva, Yeshiva Ner Yisroel, Baltimore
Rabbi Simcha Bunim Ehrenfeld: Matesdorfer Rav
Rabbi Reuven Feinstein: Rosh Yeshiva, Yeshiva of Staten Island
Rabbi Z. Hirsh Tevel: Rabbi, Congregation Siach HaSadeh
Rabbi M. Gifter: Rosh Yeshiva, Telshe Yeshiva
Rabbi Zacharyah Gelley: Rav, Av Beis Din, Khal Adas Yeshurun, N.Y.C.
Rabbi Yosef Yitzchok, Feigelstock: Rosh Yeshiva, Mesivta of Long Beach
Rabbi Leib Baksi: Rosh Yeshiva, Yeshiva Ateres Mordechai
Rabbi Ahron Zelif Halevi Epstein: Rosh Yeshiva, Yeshiva Shaar HaTorah of Gorodna
Rabbi Avraham Chaim Levin: Rosh Yeshiva, Telshe Yeshiva, Chicago
Ha Rav Mordecai David Reuvin: The Admor of Sasaragen
Rabbi Menashe Klein: Rosh Yeshiva, Bais Shearim, Av Beis Din Ungar
Rabbi Elyn Svei: Rosh Yeshiva, Talmudical Yeshiva of Philadelphia
Note: This appeal shows that amongst the great rabbis of the generation
in the US, there is unanimity that Jonathan's case is a mitzvah of
Pidyan Shvuyim-a mitzvah so great that it is pemitted to sell a sefer
Torah to carry it out. Indeed the Sabbath may be violated to carry out
this mitzvah, so great a precept it is.
Six long, harsh years have passed since the Great Rabbis issued this
urgent appeal on behalf of Jonathan Pollard in a full page ad published
in Yated Ne'eman on October 15, 1993.
Jonathan Pollard entered his thireenth year of a harsh life sentence on
November 21, 1997.
He is ill, worn out and heart-broken that he has been left to languish
all these years.
It is incumbent upon the entire Jewish community worldwide to respond at
once to the urgent appeal of the Great Rabbis. Every Jew has a share in
this great mitzvah.
Every Jew has the responsibility to act now. There is no doubt that the
Jewish community has both the means and the ability to act upon the
Rabbis' appeal. It is simply a question of will. HaShem will surely
THE SHADOWY WAR AGAINST JONATHAN POLLARD
by David Twersky, Editor
New Jersey Jewish News
January 15, 1999
There are three positions in the great debate over the fate of Jonathan Pollard.
There are those in the United States intelligence and defense community,
along with their allies in the U.S. Congress, who oppose Pollard’s
release — ever.
There are those who can see letting him go in three years. *(See release
about this bogus proposal
http://www.interlog.com/~abrooke/jp/1999/011099.htm) And there are those
who want him out now.
The emergence of the middle camp was first reported by NBC Nightly News
on Jan. 7. According to NBC, “Administration sources say...the president
would commute Pollard’s sentence from life to 25 years, but with good
behavior, Pollard could be released by 2002, one year after Clinton’s presidential term ends.”
That report triggered a furious barrage of leaks from the intelligence
community, the most detailed of which appeared this week in The New
Yorker, in an article by Seymour Hersh, “The Traitor — the case against Jonathan Pollard.”
Joining the chorus of those who want Pollard to stay in prison for the
rest of his life were U.S. Sens. Richard Shelby (R-AL) and Bob Kerrey (D-NE),
the chair and vice chair, respectively, of the Senate Select Committee on
Intelligence who wrote the president that his release “would now be
viewed as an acquiescence to external political pressures and a vindication of
Pollard’s specious claims of unfairness.” That makes as much sense as
the statement by Newt Gingrich and Trent Lott during the Wye conference
that Pollard can’t be released because, once free, he will go back to
In Israel, meanwhile, the lingering splits over Pollard resurfaced as
Labor’s Ehud Barak apparently refused to sign a joint letter with Netanyahu to
Clinton urging Pollard’s release. And last month, the continued
opposition to Pollard’s release from elements of the Israeli defense establishment
came out in a column by Ha’aretz’s veteran defense correspondent, Ze’ev
Schiff, who wrote that when released, Pollard would write a book, “the
reverberations (of which) are sure to spread far and wide in Israel.”
Why all the noise on Pollard? Because Clinton promised the Israeli
government that he would review the case, getting input from “both sides of the issue.”
Both sides? Speaking from the federal prison in Butner, NC, Pollard told
NJJN that he and his attorneys haven’t made any submissions and,
critically, are being denied the right to review the documents and presentations offered
by those opposing his release — including documents shown to Hersh and other journalists.
The flow of intelligence information to journalists like Hersh signals
the intelligence community’s lack of trust in Clinton, who it is believed
could cave in to the Israelis.
So why does Pollard deserve never to get out? The case against early
release rests on the charge he gave Israel the keys to the U.S. intelligence
store. Pollard, writes Hersh, handed over the secrets of U.S. intelligence
gathering to Israel, which, in turn, traded many of these secrets to the
Soviets in exchange for the release of Soviet Jews.
Assuming this is true, there is no evidence to suggest that Pollard knew
that his material was being used in this way. In fact, the Hersh article offers
no evidence that Pollard’s material was being traded to the Soviets,
only that some Israeli intelligence was getting to Moscow, either because the KGB had
penetrated Israeli intelligence or because of the trading suggested by Hersh.
Is this enough to sentence a man to life inside?
When Clinton was in Israel last month, the intelligence community leaked
reports that Israel had received from Pollard “a top-secret 10-volume manual
used by the National Security Agency to tap foreign communications and
protect U.S. communications from being intercepted.” This charge was
recirculated in the Hersh piece. But if true, how come the Americans had
such an easy time intercepting and decoding an Israeli transmission from
its Washington embassy in May 1997? That was the conversation that
appeared to suggest to the Americans that there was an Israeli spy high
up in the U.S. administration (see Mega Spy Scandal
http://www.interlog.com/~abrooke/jp/megaspy.htm). Apparently, the
Israelis could not mask their transmission or use codes that would
escape the U.S. trackers — a fact that flies in the face of the new
revelations in the Hersh piece.
The search for “Mr. X,” the higher-up spy at work in Washington, colors
the Pollard story. (See http://www.interlog.com/~abrooke/jp/1998/020598.htm) Is Pollard being held until he fingers Mr. X? Hersh quotes a
Justice Department official saying that the “top secret control numbers”
of documents Pollard was asked to steal for Israel could only have come
“from somebody else in the U.S. government.”
Those who doubt that America would indefinitely hold a man in jail to
get this type of information should consider the Rosenberg case. According
to historian Ronald Radosh, who believes that Julius Rosenberg was guilty
of espionage for the USSR, the innocent Ethel Rosenberg was convicted
and sent to the chair in an unsuccessful attempt to pressure Julius into
naming the rest of his spy circle.
It is also curious to read a piece documenting the flow of U.S.
intelligence information to the Soviet intelligence that blames it all on Pollard —
and never once mentions Aldrich Ames, the head of the CIA’s Soviet/Eastern
Europe Division, who, as McGill University law professor Irwin Cotler
writes, “had himself been both the architect of those treasonable acts,
and the original source of the disinformation against Pollard on those charges.”
There’s more: Pollard did drugs. Pollard did it for money. Pollard
brokered arms deals with other countries. But, even if these charges are stipulated
(which they should not be), why do they require that Pollard remain in jail
until he dies? “I did not do these things,” Pollard told us. “I wasn’t
accused of or indicted for these things.”
Says Pollard, “I am being done in by a campaign that is a combination of
Dreyfus and McCarthy. I can’t win a war in the shadows,” he said, where
unnamed accusers and unexamined evidence are being used to keep him
locked away forever.
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