The Facts of the Pollard Case: "Jonathan Pollard was a civilian American Naval intelligence analyst. In the mid 1980's (circa 1983-1984), Pollard discovered that information vital to Israel's security was being deliberately withheld by certain elements within the U.S. national security establishment.
Israel was legally entitled to this vital security information according to a 1983 Memorandum of Understanding between the two countries.
The information being withheld from Israel included Syrian, Iraqi, Libyan and Iranian nuclear, chemical, and biological warfare capabilities - being developed for use against Israel. It also included information on ballistic missile development by these countries and information on planned terrorist attacks against Israeli civilian targets.
When Pollard discovered this suppression of information and asked his superiors about it, he was told to "mind his own business", and that "Jews get nervous talking about poison gas; they don't need to know."
He also learned that the objective of cutting off the flow of information to Israel was to severely curtail Israel's ability to act independently in defense of her own interests.
Pollard was painfully aware that Israeli lives were being put in jeopardy as a result of this undeclared intelligence embargo. He did everything he possibly could to stop this covert policy and to have the legal flow of information to Israel restored. When his efforts met no success, he began to give the information to Israel directly.
Jonathan Pollard was an ideologue, not a mercenary. The FBI concluded after nine months of polygraphing that Pollard acted for ideological reasons only, not for profit. This fact was recognized by the sentencing judge who declined to fine Pollard. (See the addendum for further details.)
Furthermore, on May 11, 1998, Israel formally acknowledged Jonathan Pollard had been a bona fide Israeli agent. This fact wiped out any remaining doubt about Jonathan Pollard's motives. Being an official agent is, by definition, the polar opposite of being a mercenary.
In 1985, his actions were discovered by the U.S. government. His instructions from Israel were to seek refuge in the Israeli embassy in Washington. When Pollard and his former wife sought refuge there, they were at first received and then summarily thrown out into the waiting arms of the FBI.
Jonathan Pollard never had a trial. At the request of both the U.S. and Israeli governments, he entered into a plea agreement, which spared both governments a long, difficult, expensive and potentially embarrassing trial.
Jonathan Pollard fulfilled his end of the plea agreement, cooperating fully with the prosecution.
Nevertheless, Pollard received a life sentence and a recommendation that he never be paroled - in complete violation of the plea agreement he had reached with the government.
Jonathan Pollard was never indicted for harming the United States.
Jonathan Pollard was never indicted for compromising codes, agents, or war plans.
Jonathan Pollard was never charged with treason. [Legally, treason is a charge that is only applicable when one spies for an enemy state in time of war.]
Jonathan Pollard was indicted on only one charge: one count of passing classified information to an ally, without intent to harm the United States.
Prior to sentencing, then-Secretary of Defense Caspar Weinberger delivered a 46-page classified memorandum to the sentencing judge. Since then, neither Pollard nor any of his cleared attorneys have ever been allowed to access the memorandum to challenge the false charges it contains-a clear violation of Pollard's constitutional rights.
The day before sentencing, Weinberger delivered a four-page supplemental memorandum to the sentencing judge. In it, he falsely accused Pollard of treason. Also in the supplemental memorandum, Weinberger advocated a life sentence in clear violation of Pollard's plea agreement. The implication that follows from Weinberger's false characterization of Pollard's offense as "treason" is that the country Pollard served, Israel, is an enemy state.
Pollard was shown the supplemental Weinberger memorandum only once, just moments before sentencing - hardly adequate time to prepare an appropriate defense to rebut the false accusations in it."
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