Justice Denied

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Uploaded by on Oct 20, 2010

Learn more about the case of Jonathan Pollard (excerpted from www.jonathanpollard.com):
• 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.
• In 1985, his actions were discovered by the U.S. government.
• 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.
• No one else in the history of the United States has ever received a life sentence for passing classified information to an ally - only Jonathan Pollard. The median sentence for this offense is two to four years. Even agents who have committed far more serious offenses on behalf of hostile nations have not received such a harsh sentence.
• Court of Appeals Judge Stephen Williams called the case "a fundamental miscarriage of justice," and wrote that he would have ordered that Pollard's sentence be vacated.

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