w sEeREl •n•Rfi GENERAL COUNSEL OF THE DEPARTMENT OF DEFENSE WASHINGTON D C 20301 DECLASSIFIED IN FULL Authority EO 13526 January 7 1987 Chief Records Declass Div WHS Date OCT 2 6 2012 MEMORANDUM FOR THE SECRETARY OF DEFENSE SUBJECT Sentencing Affidavit for Jonathan Pollard -ACTION MEMORANDUM Attached is an affidavit prepared for your signature It is intended for use by the Court in assessing an appropriate sentence for Jonathan Pollard The affidavit has been approved by CIA DIA NSA and Navy ThiS- document- is 1 engthi e - than- I would- normal-ly approve-£ oro ·· · your signature The reason for the length is consistent with the scope of Pollard's espionage activities Succinctly he disclosed an incredible quantity of intelligence publications which encompassed a similarly broad scope and variety of intelligence information Even so only a handful from among the many thousands compromised are described herein Those described are available for your review should you desire to do so It is the opinion of the intelligence agencies and one which I share that we must describe Pollard's activities with particularity A lesser description of the damage he has done to the national security would risk an erroneous assumption by the sentencing judge that Pollard's disclosures to an ally have really done little to harm the United States Of course the probable consequence of such an assumption would be an inappropriate sentence The factual descriptions of Pollard's activities contained in both the classified and unclassified sentencing memoranda which will be submitted by the u s Attorney are similarly lengthy This document will be handled in compartmented channels personnel will carry it to and from the judge and one copy W1ll be placed in the Department of Justice security vaults for review by defense counsel who have been properly cleared The affidavit assumes that the Director of Naval Intelligence will provide permanent storage for it in his office N vy I strongly recommend that you sign the affidavit Attachment eLASSii fER UPON pm'QITAL liiili@ IIflLUfo IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA UNITED STATES OF AMERICA v JONATHAN JAY POLLARD defendant DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 Criminal No 86-0207 -------- ------------------ DECLARATION OF THE SECRETARY OF DEFENSE CASPAR W WEINBERGER HEREBY DECLARES AND SAYS 1 U I have been the secretary of Defense and the chief executive officer of the Department of Defense DOD an executive department of the United States 10 u s c 131 since 20 January 1981 As secretary of Defense I have authority direction and control over the DOD 10 u s c 133 b and am a member of the National security council 2 U As Secretary of Defense I possess original classification authority for TOP SECRET information including Sensitive compartmented Information SCI SCI is information Which derives from sources or methods which are especially · l' r M t2 il t I II VUlnerable to unauthorized disclosures That vulnerability may stem from particularly fragile acquisition methodology from sources especially susceptible to counter measures or deception techniques or even from danger to human life if the substantive information obtained is exposed The fact that I possess this classification authority means ·that I am authorized to determine the significance and the proper classification of national security information including TOP SECRET SENSITIVE COMPARTMENTED INFORMATION SCI on 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 DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Dat CT 2 6 2012 The information in this declaration is submitted 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 bearer immediately upon eompletion 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 J of 'I Copies Page 2 of 46 Pages l d'P SEeRET iJMDRA access is ascertained - Should the document again be required b·y the court or by any court with jurisdiction over this case it will immediately be made available I have directed that this document be retained by the Director of Naval Intelligence who will be responsible for its safekeeping and further DECLASSIFIED IN FULL delivery to the Court as required ' 4 U Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 I believe it is necessary to understand the purpose of intelligence acquisition before one can comprehend the 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 direct 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 I of 1 Copies Page 3 of 46 Pages · ECRE' f' tJMDRJ'ttw • ·- - DECLASSIFIED IN FULL Authority EO 13528 Chief Records Dtclass Div WHS u s interests Date OCT 2 6 2012 b unauthorized disclosures to friendly powers may cause as great a harm to the national security as to hostile powers because once the information is removed from secure control systems there is no enforceable requirement nor any incentive to provide effective controls for its safekeeping Moreover it is more probable than not that the information will be used for unintended purposes Finally such disclosures will tend to expose a-largerpicture ofu s capabilities and knowledge or lack thereof than would be in the u s interest to reveal to another power even to a friendly one 5 U In this case the detendant has admitted passing to his Israeli contacts an incredibly large quantity of classified information urtlawful At the outset I must state that the defendant's 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 th information was given over Ideally I would detail for the Cburt 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 defendant admits to having passed to his Israeli handlers a Copy I of 1 Copies Page 4 of 46 Pages • quantity of ocuments great enough' to occupy a bY six feet by ten feet j parts the data six feet I have chosen to present in three consider significant I pace In the first part I · have detailed t e categories of information compromised and given brief but specific examples of 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 d capsulize the overall significance of the defendant's - l i activities PART ONE CATEGORIES OF' INFORMATIONDISCLOSED Oo5 3 t t OSD 3 3 b l l o · CIA copy PageS-of 3·3 b l OEClA StFIED 1ft f'J RT Authority EO 13526 '' · • Chief Records Declass 0 v WHS oate OCT 2 6 2012 ' _l Authority E013526 Me wierhiei Recordsmeclass Div was 3 o OEOLASSIFIED 2012 b cti mtb In Mr Authority E0 13523 Chief Records 8 Declass Div WHS Dam OCT 2 6 2012 I Co Ms- I 7 33 SIM q 81919 -- 'M'S sme - 13525 g W on 2 62012 1 7 HAW IN PART 013525 4 thief Records 8 Declass DimiWHs 2- 931LIOXZD rm -1 Q to TCUSL ca R DECLASSIFIED PART 3 Authority E0 13526 4 3 Chief Records 8 Daclass Div WHS xv Data 0CT2 6 N12 1- $07 Atom or 15w - - - - - nEc-LAssmEu u N3 Authority E03526 1 g 3 5g Chiaf Racords DaclassDiv WHs I Date OCT 2352012 _ - DECLASSIFIED tM PAftr Authori EO 13526 Chief Records Declass Div WHS Date 1 OCT 2 6 2012 - 6' DECLASSIFIED ltl PART -o 1 iS JJ -- ' tl H ' ' f ' a · 00 Authority EO 13526 Chief Records Declass Div W S Date OCT 2 6 2012 ·· ·· · ' o- __o r-- o Q- _ 0£CLASSifJE11 I PAI'fr Authority £0 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 i ' ' • N• f N' M g o l v _ • 3 3 b l 3·3Lb t c tt 3·3lb J · N5A 3-3th Cs 1 Ct t- s-u·s·c ssu'o l3 $e g P l g D- o Nbp 3- b t D U0 ism f'nt li slritb Iii- Pm S'Amhnrit y no 13526 i Chief - Records Declass Div WHs - -3' - ' ' C '-' - Sl M · DEClASStFlEO 1M PART · Authority EO 13526 Chief Records Dectass Div WHS Date OCT 2 6 2012 i 0 en 0 t#' IJD IL II 7 · 4 •• · · · • S c - DECLASSIFIED IN PART Authority E013526 Chief Records Declass Div WHS 2 Damon - 2 6 2012 5er - 4 •' - - _ 0 f · c ···o _ ' ' - ····'' 'C'' 'f '' ' _ ·· bECl SSIFtEb 1ft PART ·Authoriij EO 13526 · 'Chief Records Oeclris Otv WHS Date tlCT 2 6 2011 5 - _ -' __ · i'' ' ''' '' ' ' - ''- ·- - ' - -- · · • • • t ' ' ' ' ' · c i ' r ' ' '·'· · ' ' ' j ' · ·'•'· c • · C ti•' '· · · t' BEMSSIHED IN PART Authority 0 13526 Chief rds Declasstv WH's Date 26 2012 PART TWO DAMAGE TO THE NATIONAL SECURITY 14 OSD 3 3 b o noted previously the breadth of the Db ·3Lb i disclosures made by the defendant was incredibly large Accordingly the damage to u s national security interests resulting from those activities is similarly broad national a Cc I will detail herein the more pertinent aspects of damage to u s security as I perceive them Damage to Intelligence Sharing Agreements• - Since the activities of the defendant impact directly on u s intelligence activities it is appropriate to begin with intelligence It should be obvious that the United State• has neither the opportunity nor the resources to unilaterally - ·fcollect all the - b1 'l compensate with l 1with intelligence information we· require We a variety of intelligence sharing agreements other nations of the world In some of these arrangements • - 'here is virtually a full partnership which stems from ' ·_ ·lf i- · ·t recogni tion of common and indelible interests Most however ' 4tJ j · ff re fashioned on a quid pro quo basis For example the United · · f r t ' States agrees to share with an ally certain types of · rintelligence information in exchange for desired information or · · ' · ·J ·c it her 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 careful evaluation of the costs of Copy I of Copies Pages OSD 3 3 b l · diScl sure- t - out' Rational seCurity versus th benefits o CbS - expected to be obtained if disclosure is approved In some instances especially sensitive intelligence information that - is soughh by· an ally is traded because ·ui ally agrees to· ens i ti ve'· information vi tal - ttt U s 1 secl1ri ty 9 copies 46 Pages 3·3 b l t tCo 6'2 Lumen Beams Dec 1 13526 35 2 eo ' £ _ s •-- DEClASSiFIED IN PART Authority EO 13526 Chief Records Declass Div WHS Date OCl 2 6 2012 _ - _ 1l OECLASSIFIED II PART Authority EO 13526 Chief Records Declass Dit WHS OCT 2 6 2012 - -0 - 3 C - ' '- V - f'Y -J C'0 3 ' - - DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 disclosure is vitaliy important for rr s interests because all criteria must be balanced against one another For example the requirement to protect sources and methods of information acquisition as well as the requirement to protect the substantive information received must conform with the aso 3 3 b o 'r · recipients •need• for that information and the expectation of benefit for the Unitect states f uSLt lb l 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 800 u s classified publications and more than 1 000 u s classified messages and cables which he sold'to Israel DECLASSIFIED IM PARl Authority EO 13526' • Chief Records Declass DlV WHS Date 0Cl2 6 201Z Of the best of my knowledge not one of the e provided them was authorized for- official releas to Israel in unredacted form e actions of the defendant have jeopardized the 15 ntelligence information he provided to the' Israelis as well as the sources of that information by placing it outside of a u s 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 on the reliability of individuals for its effectiveness It is also a system which varies its requir•ments for protection with the sensitivity of the information at take 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 guarantee its safekeeping It is when an individual obtains custody of classified material for 1 29 of of ' Copies 46 Pages I I which he is not responsible that safekeeping is jeopardized o In such an instance there is no real incentive adequately protect such information One example of an occasion when this happens in the normal course of business 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 necessarily dependent 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 OSD 3 3 b q 1 jb_s 3-% j q _ -- 0 C M A' _ -J ' N CV 9' - d bECLASSIFIED IN PART Authority EO 13526 Cbtet Records Declass o WHS Date OCT 2 6 2012 'G' q '-' 0 en'- 0 · lo ' -6 · · --· • '' _ ft v •_ l - •t·•yf''''' ''i' $ --•·i'' ' ''· ti··· '·· 111t· i • ' t 'rC· - - · -' · '- - •· - ' ___ _ ·-· '' '·' · -' ' · · i _ · ' '· r·i -··· 1 _ _ 0 f ' ' c __ DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Dtv WHS t V' - Date OCT 2 6 2012 J j A' t - _ - _ 9' - - C C ' 3 5 DECL SS f ED ' PA«r uthOrity EO 13526 Chief Records Dec ass Oiv W S Date OCT 2 6 2012 Authority 0 13526 Chief Records DecIass Div WHS Date OCT 2 a 2012 53W OSD 343 k 063% -- 3 ' ' J '- -- N _9 OECLASS1FIED 1M PUT Authority EO 13526 Chief Records Oec1ass Div WHS Date OCT 2 6 2012 _ o - C - - 0 c t _ N' - 0 en --' 0 N' · 3 M-- 56 ---- DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 - ' _ _ c - '- N _ 1 ' _ 0- 8 en 0 - c -1' r-A - - DECLASSifiED IN PART Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 - - '-J M ' ' 0 - - - -- · DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 _ _ _ J ' - -- - r- 1' v c s N '1 C' '- DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Div WMS Date OCT 2 6 2012 DECLASSIFIED IN PART Authority EO 13526 Chief Recor _s Declass Oiv WHS Date OCT 2 6 2012 _ 9 '--- CV 0 '- - · q '- t-'1 •l OSD 3 3 b I Co 1 fV71t 3· b g f- S lJ•Sr S b '_I Sec p lc 6 o- o PART THREE THE SIGNIFICANCE OF THESE DISCLOSURES 21 DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Dlv WHS oateucr 2 6 2012 HARM TO U S FOREIGN POLICY In my opinion the defendant's unlawful disclosures to the government of Israel have harmed u s foreign policy My conclusions flow directly from the information I have discussed OSD 3 3 b I o C TA 3·3 lo ' 22 MPROMISED SOURCES AND METHODS not repeat the difficulties in reacquiring damaged sources of intelligence acquisition which have been t · ' · · ' NG f ' Lb t b oso 3 3 b I 1 Co Po5 3·3 b tr 1 r 3·3 b 23 united states must expect some amount of risk to accrue directly to u s persons from the defendant•s oncomitant risk with which I as Secretary of u s combat could be Oefens forces 24 U wherever they are deployed in the world unaccep ably exploitation of this am particularly concerned is that endangered through successful ata I have provided the foregoing statements to provide oso 3 3 b l C r t 3· S b I Copy I • of 4 • 1 Copies • • • · c·· · ' '• - - _ - ¥ -- - j·tfh-- ' ' my viewsof the significant harm caused tO natlorta t security by - _ the defendant and as an aid to the court' Tltef ·datct' provided represents my opinions and conclusions stellll'Rincj etcim£ m t review · of the data compromised as well as from·· information obtained - ' ' by me in my capacity as secretary of Defens·e ana as a• member of tt1e National security councl l The defendant has substantially harmed the united states and in my view his crimes demand severe punishm nt Because it may not be clear to the court that the defendant's activities have caused damage of the magnitude realized I felt it necessary to provide an informed analysis to the court so that an appropriate sentence could be 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 Punishment of course must be appropriate to the crime and in my opinion no crime is more 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 attached copies o To demonstrate that knowledge I have non-disclosure agreements which he voluntarilY executed Should the court require further OSD 3 3 b ' Copy I of f Page 45 of 46 Copies Pages informatioit' o # 1mlhoft of· anything cOntairle h eirl you may provide' the bearE J i ' of this document wi tt yout requirements and I will resp nd to them Under penait i es of perjury I hereby declare the foregoing statement tobe-true and correct to thebest·of my knowledge informatio and belief oso a a b l tCro DECLASSIFIED IN PART Authorityt EO 13528 Chief Records Declass Dlv WHS Date OCT 2 6 2012 Copy I of copies Page 46 of 46 Pages GLOSSARY DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 ' 1 TOP SECRET TS Information which if inappropriately disclosed would cause exceptionally grave damage to the national security of the United States 2 SECRET S Information which if inappropriately disclosed would cause serious damage to the national security of the united states 3 CONPIDEN IAL C Information which if inappropriately disclosed would cause damage to the national security of the united States OSD 3 3 b 1 DECLASSIFIED IN PART Authority EO 13528 Chief Records Declass Div WHS Date OCT 2 6 2012