Convicted Spy Loses Latest Appeal

[David]

AP


A federal appeals court Friday rejected convicted spy Jonathan Pollard's latest effort to reduce the life sentence he received for selling military secrets to Israel while working as an intelligence analyst for the Navy.

The U.S. Court of Appeals for the District of Columbia ruled that Pollard waited too long to try to contest his 1987 sentence and failed to make a convincing case that he got poor legal help.

The court also ruled that it had no authority to review Pollard's request to see secret documents the Reagan administration submitted to the judge who imposed the sentence 18 years ago.

Pollard's lawyers said they needed to see the material to rebut government arguments against any new appeal or against a request for presidential clemency.

Pollard faulted his original lawyer for not filing a notice of appeal in 1986 when the government, according to Pollard's lawyers, in effect sought a term of life imprisonment after promising it would not do so.

Writing for a three-judge panel, Judge David Sentelle rejected as "nonsensical" the argument that Pollard did not realize the alleged mistake by his lawyer at the time.

"Pollard knew the facts," Sentelle said. "What he now claims not to have known is the legal significance of these facts."

Eliot Lauer, Pollard's attorney, said he was "very disappointed" with the opinion and may file a request for rehearing from the full appeals court or seek appeal to the U.S. Supreme Court.

"We hope that in time the American judicial system will give Jonathan Pollard his rightful day in court and that justice will be done," Lauer said.

The legal challenge to Pollard's sentence was always viewed as a long shot, and his supporters have focused much of their effort on winning presidential clemency.

Pollard, who turns 51 next month, was a civilian intelligence analyst for the Navy when he copied and gave to his Israeli handlers enough classified documents to fill a walk-in closet. He was not paid when his spying began in 1984, but acknowledged that Israel later began paying him a few thousand dollars a month.

He was caught in November 1985 and arrested after unsuccessfully seeking refuge at the Israeli embassy. Pollard initially denied he worked for Israel but later acknowledged it. He claims prosecutors reneged on a promise to seek a lesser sentence in return for his cooperation.

His case has been a sticking point in U.S.-Israeli relations. The Israeli government, which granted Pollard citizenship, repeatedly has pressed for his release.

A 1998 U.S.-brokered peace accord between Israel and the Palestinians nearly foundered when then-Israeli Prime Minister Benjamin Netanyahu reportedly linked his agreement to the deal with clemency for Pollard.

Lauer said Pollard does not have a formal request for clemency pending with the Bush administration. Federal officials reviewed his case in 2000, but he was left off the list of those granted clemency just before President Clinton left office.

Pollard is being held at a federal prison in Butner, N.C.






Jonathan Pollard speaks during an interview in 1998 at the Federal Correction Institution in Butner, N.C.

[Advisor]

Let the traitor rot!!

[SuperScout]

Sources have told me that one of Pollard's missions per his handlers was to ferret out all the incriminating evidence that the CIA and other agencies had on the culpability of the Israelis in their attack on the USS Liberty. The Israelis have continued to stonewall on their admission of guilt in this totally unprovoked attack on an American warship. It could be that we are trying to play off Pollard's potential release against a full admission of guilt and an acceptance of several Naval findings about the USS Liberty attack. Until then, like Advisor says, let him rot.

[catman]

He has been tried and found very guilty, why is he still using our air?

Trav

[colmurph]

I think that we should wait about a week after Iran nukes Israel with a North Korean Bomb before we decide to comment in the UN on whether Iran was the belligerant party or not. As long as Israel stonewalls on the USS LIBERTY issue, I don't care what the Arabs do to them. Israel may claim to be our "Friend and Ally" but I believe that statement as much as I believe that same statement coming from the Saudis.
Israel is our friend as long as the money keeps coming from the Synagogs and Israeli Banks in the US. Stop the money and they will turn their backs on us.

[SuperScout]

If Pollard's mission was to do a search and destroy on info linking the Israeli culpability to the deaths of our naval heroes on the USS Liberty, he should still be rotting or worse. I"m almost in total agreement with colmurph about the loyalty of Israel to the US. Absent our continuing financial and military support, they would quickly turn their back on us. If all will recall, not that long ago, they were caught selling high-grade techonology to the Communist Chinese. My thoughts are that if they could make a buck, they'd sell wall to the Temple.