IN THE UNITED STATES DISTRICT cover 2 FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v 7 Criminal No 86 JONATHAN JAY POLLARD defendant DECLARATION OF THE SECRETARY OF EEFENSE CASPAR W WEINBERGER BEREEY DECLARES AND SAYS l U I have been the Secretary of Defense and the c executive officer of the Department of Defense DOD executive department of the United States 10 U S C 1 26 January 1981 As Secretary of Defense I have authc direction and control over the DOD 10 U S C 133 b member of the National Security Council 2 U As Secretary of Defense I possess original classification authority for TOP SECRET information Sensitive Compattmented Information SCI SCI is 125 which detives from sources or methods which are espec vulnerable to unauthorized disclosures That vulnerat-m no of stem from particularly fragile aCQUiSition methodology from sources especially susceptible to Gaunter measures or deception techniques or even from danger t0 human life if the substantive information obtained is exposed The fact that I possess this classification authority means that I am aothorized to determine the significance and the proper classification of national security information including SECRET COMPARTEESTED INFORMATION SCI 0o behalf of the United States The information I have prepared for the Court is submitted based upon my personal review of relevant information and my discussions with personnel who are knowledgeable about the data described herein 3 U The information in this declaration is subnitted for use by the Court as an aid in determining an appropriate sentence for the defendant Jonathan Jay Pollard It is my purpose to explain the nature and significance of the defendant s actions as I perceive them to have affected the security of the United States I have detailed a considerable quantity of highly sensitive information and therefore request that the Court review this document and deliver it under Court seal back into the hands of its heater immediately upon completion of review I also request that no one else be permitted to review this document unless it is necessary as a matter of law to do so and then only if proper clearance and Copy of 7 Copies Page 2 of 46 Pages access is ascertained Should the document again be required by the Court or by any Court with jurisdiction over this case it will immediately be made available I have directed that this dooument te retained by the Director of Naval Intelligence who will be responsible for its safekeeping and further delivery to the Court as required 4 U I believe it is necessary to understand the purpose of intelligence acquisition before one can comprehend the 7 significance of its loss There are two primary reasons for gathering and analyzing intelligence information The first and most important in my View is to gain the information required to direct U S resources as necessary to counter threats of external aggression The second reason is to obtain the information necessary to efficiently and effectively direc the foreign policy of the United States It necessarily follows that inappropriate disclosure of properly classified intelligence information intended to serve these purposes can be used to frustrate both the defensive and foreign policy goals of the United States regardless of its recipient a Intelligence information disclosed to a hostile foreign power can be used to produce counter measures promote disinformation techniques and even permit the more efficient and effective utilization of resources in manners inimical to COpy of 3 Copies Page 3 of 46 ages 0 8 interests o Unauthorized disclosures to friendly powers may cause as great a harm to the national security as to hostile powers because ooce the intormation is removed from secure control systems there is no enforceable requirement nor any incentive to provide effective controls for its satekeeping Horeover it is more probable than not that the information will be used for unintended purooses Finally such disclosures will tend to expose a larger picture of 8 5 capabilities and knowledge or lack thereof than would he in the 0 5 interest to reveal to another power even to a friendly one 5 U In this case the de endant has admitted passing to his Israeli contacts an incredibly large quantity of classified information At the outset I most state that the defendant s onlawful disclosures far exceed the limits of any official exchange of intelligence information with Israel That being true the damage to national security was complete the moment the information was given over Ideally 1 would detail for the Court all the information passed by the defendant to his Israeli contacts unfortunately the volume of data we know to have been passed is too great to permit that Moreover the defendaot admits to having passed to his Esraeli handlers a Copy 3 of 9 Copies Page 4 of 46 Pages quantity of documents great enough 0 occupy a space six feet by 51x feet by ten feet I have chosen to present in three parts the date I ccngider significant In the first part I have detailed the categories 0f compzemised and given brief but specific exampies 0f actual documents passed In the second part I explain the harm I perceive to have occurred again with specific examples In the third part I capsulize the overall significance of the defendant's activities PART ONE CATEGORIES OF INFORHATION DISCLOSED Copy 3 of 6 Copies Page 5 of 46 Pages 0 ng 2 DEzfnw PART 9AHAGE TO THE RATIQNAL SECURITY 14 gqgnuv As noted previously the breadth of the disclosures nade by the defendant was incredibly large Accordingly the damage to 0 3 national security interests resulting from those activities is similarly broad 1 Will detail herein the more pertinent aspects of damage to U S national security as I perceive them a Damage to Intelligence Sharing Agreements Since the activities of the defendant impact directly on 0 5 intelligence activities it is appropriate to begin with intelligence It should be obvious that the United States has neither the opportunity nor the resources to unilaterally collect all the intelligence information we require We compensate with a yariety of intelligence sharing agreementsw with other nations of the world In some of these arrangements there is virtually a full partnership which stems from recognition of common and indelible interesrs Most however are fashioned on a quid pro goo basis For example the United tates agrees to share with an ally certain types of intelligence information in exchange for desired information or other valuable assistance Further once such agreements are entered into decisions to disclose particular classified documents or items of intelligence information are made by high level officials after a careful evaluation of the costs of Copy 3 of 9 Copies Page 22 of 46 Pages disclasure 2 9 our national security versus the benefits expected t0 be obtaine if disclosure is approved In same instances especially sen$itive intelligence infermation that 5 sought by an ally is traded because the ally agrees t0 furnish equally sen3itive information vital to v 5 security interests aaer vvrr uu Page 23 of 46 Pages fog 77$ 029 22 0614 5755 disclosure is vitally important for 0 5 interests because all criteria must be balanced against one another For example the requirement to protect soutces and methods of information acquisition as well as the requirement to protect the substantive information received must conform with the recipients need' for that information and the expectation of benefit for the United States This usually means that substantive information is redacted from the original documents containing the information prior to disclosure The result is The defendant has specifically identified more than 808 Classified publications and more than 1 000 0 8 classified messages and cables which he sold to Israel Of Copy 3 of Copies Page 28 of 46 Pages To the best of my knowledge not one of the publications he provided them was authorized for official release to lseael in unredacted form 15 The actions of the defendant have jeopardized the substantive intelligence information he provided to the Israelis as well as the sources of that information by placing it outside of a 9 8 controlled security environment The United States and virtually all of those who cooperate with us by sharing intelligence have developed a system of protecting classified information which depends oo the reliability of individuals for its effectiveness It is also a system which varies its tequire ents tor protection with the sensitivity of the information at stake All classified material is required to be placed in proper storage appropriate to its classification level and all personnel who have custody are accountable for ensuring that proper procedures for protecting it are followed The system necessarily depends on the integrity and reliability of the individual So long as an individual is accountable for classified material in his custody we can generally assume that personal interest will goatantee its safekeeping it is when an individual obtains custody of classified material for Copy of Copies Page 29 of 46 Pages which he is not responsible that safekeeping is jEDPardized In such an instance there is me real incentive to adequately protect such informetion One example of an occasion when this happene in the normal hoarse of bueihess is the necessary use of couriers to carry highly sensitive information from one location to another The defendant frequently acted as such a courier and it was his abuse of this system a system neceesarily depen ent on the integrity of the individual which permitted his espionage activities to occur Moreover in a situation such as this one there is every incentive to use the acquired information in a person's Self interest Examples of my reasoning follow Copy 9 of 3 Copies Page 30 of 46 Pages P gs 31- 4 1 95 575 9 PART THREE THE SIGNIFICANCE OF THESE 21 5 HARM T0 0 5 FOREIGN 901 101 In my opinian the defendaat's unlawful disclosures to the gevernment of Israel have harmed 8 3 foreign policy 5y conclusions flow directly from the information I have discussed previously 22 cosyaoazsen sauacas ANS among I will nah repeat the difficulties in reacquiring damaged seurces of intelligence acquisition which have been cempramised Copy 7 or Vur- w Page 43 of 46 Pages 23 9 2st To 0 5 9535035221 Finally the United Statee must exPect some amount of risk t0 accrue directly to 0 5 persons from the defendant s activities 2 concomitant risk which I as Secretary of Defense am particularly cogcerned is that U S combat forces wherever they are deployed in the world could be unacceptably endangered through successful expleitatien of this date 24 U I have provided the foregoing statements to provide Cepy of 9 Copies Page 44 of 46 Pages my views of the significant herm caueed to netional security by the defendant and as an aid to the Court The data provided represents my opinions and conclusions etemminq from my review at the data compromised as well as from information obtained by me in my capacity as Secretary of oefense and as a member of the National Security Council The defendant has substantially harmed the United States and in my View his crimes demand severe punishment _ Because it may not be clear to the court that the defendant s activities have caused damage of the magnitude realized I telt it necessary t0 provide an informed analysis to the Court so that an appropriate sentence could he fashioned My foregoing comments will _I hope dispel any presumption that disclosures to an ally are insignificant to the contrary substantial and irrevocable damage has been done to this nation Puniehment of course must be appropriate to the crime in my opinion no crime is mote deserving of severe punishment than conducting eSpionage activities against one's own country This is especially true when the individual spy has voluntarily assumed the responsiblity of protecting the nation's secrets The defendant of course had full knowledge and understanding of the sensitivities of the information unlawfully disclosed To demonstrate that knowledge I have attached copies of nonmdisclosure agreements which he voluntarily executed Should the Court require further COPY 9 of 7 Copies Page 45 of 46 Pages information or explanation of anything contained herein you may pcavide the bearer of this document with your requirements and I will to them penalties of perjury I hereby declare the foregoing statements ta be true and correct to the best of my knowle ge information and belief Execute this day of 1986 Caspar w Weinberger Copy 3 of 3Copies Page 46 of 46 Pages I SECRET Information Which if ina r0 5 disclosed would cause excepti ally grave damagg t national seCUtity of the United Statea 2 S Infermation which if in PPEGpriatal would cause serious damage ta the national secarity f izissed United States 3 CONFIDENTIAL C Information which if ina - disclaaed would cause damage to the dtional Seggtig lz e ge United States 8 SECRET CODEWORD TSC fop Secret information derived from intelligence and methods q 9 SECRET CODEWORD SC Secret information derived from intelligence seurces al- methods