Exhibit OSD MDR Case 12-M-2766 Office of the Secretary of Defense U'S · S$7Chief RDD ESD HS h 'ty· EO t3t26 Date crzoq Aut n · - Dec lassifi · Declassify in PartL - Deny m Full --- ··' • t ' -- 1 - n rt· qci • ' · j• '' _ v __________________________ JONA_THAN J POLLARD c cA J J b 1 25Yrs EO 13526 J J b 3 25Yrs I I -_ t r Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 Criminal No 86-0207 2 Camera S 125X1 RECOMMEND PARTIAL RELEASE Defendant Jonathan J Pollard by counsel respectfully submits this memorandum in aid of sentencing by the Court violation of 18 u s c Pollard pled guilty to a single S 794 c the penalty for which may range from any term of years to life imprisonment and or a fine up to $250 000 Mr Pollard previously submitted for the Court's review a statement written entirely by him and typed for the Court's convenience explaining his personal background motivations for delivering information to Israel and his current feelings toward the crime he committed An unclassified version of the statement has been filed with the Court as well Mr Pollard also submits herewith for the Court's reviP w this classified memorandum containing a detailed explanation of the nature of the documents allegedly compromised by Mr Pollard an analysls of the Government's claim of the damage to the United States caused by his actions and a refutation of several points raised in the Government's memoranda · Introduction agreement Mr l'f DEFENDANT JONATHAN J POLLARD'S SECOND HEMORANDUM IN AID OF SENTENCING Pursuant to an · • '' I i · · • I I I DECLASSIFIED IN FULl UNITED STATES OF AMERICA · Z '- __ -·iter· rmiTED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _ - I Subject to the-results o£0SD review anet the rq ult• of concurrent reviewby Ctlli fat6f f 3f Naw f _ NSA and f lROi as appropriatE $ OfA has no objectiOn fo declassitrcatloir ' • '' • · • ' ' · DECLASSIFIED IN FULL II Damage to the United States A Authority EO 13528 Chief Records Dec lass Div WHS Date 0Ci 2 6 2012 Introduction Perhaps the critical issue in the Court's determination of an appropriate sentence for Mr Pollard is the extent to which his conduct damaged the interests of the United States In recognition of the importance of the damage issue the United States has not only devoted a section of its public sentencing memorandum to a discussion of the alleged damage caused by him but it also has filed a supplement to the memorandum elaborating on its contentions and has submitted an affidavit by the Secretary of Defense purportedly detailing the damage assessment While it is proper indeed obligatory that the United States set forth its views regarding damage inflicted by Mr Pollard's conduct Mr Pollard expected that the opinions expressed would be succinct objective and relevant Instead the United States has filed a blizzard of contentions notable for the emphasis on the phrases may have could have and possibly has The damage assessment 1 in this case fails to establish the fact of injury in such a way as to justify substantial 1 The Weinberger affidavit must be recognized as not having been written by the Secretary of Defense In the true spirit of overkill that characterizes the Government's assessment of damage in this case the attempt to make more out of what is the real injury to the national security is demonstrated by this technique of having the Secretary sign the affidavit rather than the true author s In a pending espionage prosecution in the Eastern District of Virginia in which the undersigned are also counsel the damage assessments in that case were not signed by the --- Footnote Continued -IE6u Ef incarceration for Mr Pollard DECLASSIFIED IN FULl Authority EO 13526 Chief Records Declass Dlv WHS Date OCT 2 6 2012 As presented it is an overstated polemic of the evidence one expects to find in a case of espionaqe Instead of concentrating on the actual damage to U S national interests the United States has engaged in unbridled speculation on the potential damage While this speculation would be germane if Mr Pollard had only been apprehended yesterday over fifteen months have elapsed since his arrest During that time the United States has debriefed him extensively conducted exhaustive reviews of the documents delivered by him to the Israelis and had the opportunity to observe any material alteration of the relationships between it and the Government of Israel allied nations and friendly Arab nations The United States should have developed a concrete assessment of the damage by now thereby obviating the need for any speculation The United States' reliance on speculation therefore underscores the tenuousness of its claims B There Was No Disclosure to the Enemy In the first place no injury is demonstrated in the same way as in the case of unauthorized disclosures to a hostile nation This point comes home only when a comparison is made between which the Government asserted to be the injury to our national security in such celebrated recent cases as Walker Pelton and Morison In each of those prosecutions the injury Footnote Continued Secretary of Defense The point is noted here because this Court should not be bulldozed into not considAring a challenge to a document just because it was signed by a cabinet secretary DECLASSIFIED IN FULL Authority EO 13526 Chief Records Dec lass Di WHS Date _ ' OCr 2 6 2012 to the United States was painfully clear the Soviets received the classified materials 2 The result was that sources of information were compromised secret methods of collection exposed and locations of equipment and personnel revealed Since the u s intelligence effort is directed primarily at the Soviet Union these repercussions meant basically that the United States had to start over to reestablish a collection network Accordingly the United States was required to establish new communications links methods and channels to replace lost equipment and personnel to find new intercept sites and to develop new technology to circumvent Soviet defenses or interference The Government has argued that the sheer volume of the information provided has made this one of the worst espionage cases in u s history Again this pandering simply fails to recognize the most salient of all facts in the case the enemy 2There is nothing in the damage assessment that speaks of damage to our national security in terms of our position vis-a-vis the Soviets The first occasion where such a claim arises is in the Government's opposition to Mr Pollard's recently-denied Motion for Production of Evidence Favorable to the Accused Since the allegation was made and because of its incendiary nature it is important to focus on it in order to point out that there is simply no basis in the evidence for it The only reference in the damage assessment to the Soviet Union regards the danger of a Soviet mole in Israeli intelligence That issue is treated infra Unless the government is sandbagging everyone by bringing in such proof in rebuttal the record as it stands merely speculates without any proof that somehow our national security vis-a-vis Russia potentially has been damaged To state this without more is overkill and exploitive of a situation in which the Government holds every advantage and the defendant has no opportunity for rebuttal ' DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCi 2 6 2012 ·SEGRE'F was not the recipient of the information Volume per irrelevant if it is not reflective of injury u s is As an example in v Morison United States District Court for the District of Maryland the defendant was convicted and sentenced to 3 years in jail for having supplied Jane's Defense Weekly with a satellite photograph of a Soviet ship under construction Mr Pollard participatP d in the damage assessment for the Morison case That assessment revealed that the publication of that one photograph taught the Soviets more about u s they previously were known to have photographic intelligence than Thus the volume of the compromised information meant nothing it was the Soviets' possession of it that created the injury to our national security In this case no such allegation of such damage is made or proof offered Secretary Weinberger nowhere alleges that the United States has lost the lives or utility of any agents that it has been obligated to replace or relocate intelligence equipment that it had to alter communication signals or that it has lost other sources of information or that our technology has been compromised Indeed the memorandum only discusses the possibility that sources may be compromised in the future thus requiring countermeasures The absence of any countermeasures taken in the aftermath of Mr Pollard's conduct therefore is perhaps the truest barometer of the actual damage or absence thereof to the national security Consequently the methodology of this damage assessment is seriously flawed for lack of a clincher Its focus on damage DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass o v WHS Date OCi 2 6 2012 ' is not in the compromise of the substantive information but rather on the intangible unproven speculation that we shall be unable to negotiate effectively with the Government of Israel over intelligence sharing for some time One may assume that if there were evidence of this it would be presented in these papers Certainly after the passage of 18 months since the Israelis began receiving information from Mr Pollard such a development would have surfaced by now--if it in fact has happened it has not c The Political Impact The speculation in the absence of hard evidence extends to the Secretary's concern about our allies Again there is no showing of any adverse fallout with our allies from these disclosures Again with so many months having passed since this case broke it is reasonable to expect evidence of this adversity and not someone's theoretical notion that it could happen Even the political argument is questionable Tunis raid different from the u s Is the Israeli raid on Tripoli It is not fair or accurate to distinguish the two on the basis of our friendship with Tunisia versus our enmity with Libya violation of sovereign territory same purpose locations Each was a Each was carried out for the to retaliate against terrorists in their known Each was praised by our PresidP nt as responsible reactions to terrorism After 15 months since Mr Pollard's arrest our relations with each of those countries has not changed Therefore the Secretary's policy analysis is less an DECLASSIFIED IN FULl Authority EO 13526 Chief Records Declass Dlv WHS Date OCi 2 6 2012 analysis and more a convenient theory of injury which bears no relation to reality D Israel's Intent in Receiving Classified Information By the same token fears about what Israel might do with this information by sharing it with third countries are completely unfounded unless of course the Secretary is willing to state that information Israel has lawfully received is also subject to improper sharing If that is the case the danger here is not peculiar to the compromised information it extends to all of it--compromised and uncompromised alike The heinousness of any espionage must take into account the intent of the recipient of the classified information to harm the United States There is no evidence in the damage assessment of Israel's intent to injure the United States by reason of its having illegally received the classified information from Mr Pollard Israel is simply not the enemy--it is not the Soviet Union--it is not a Warsaw Pact nation--it is not China-it is not even India Israel as it has been pointed out enjoys a special relationship with the United States staunch steadfast ally It is our The worst that has been said about our loss in this case is that our negotiating posture in near term intelligence exchanges might be jeopardized although after 15 months no evidence of this appears There is more psychology at work here than there is injury Notoriety is the direct result of the much-debated discussed and analyzed phenomenon of how loyal Jewish-Americans can serve the ideal of supporting the Jewish State without doing violence IEP FEF ' DECLASSIFIED IN FULl Authority EO 13528 Chief Records Doclasa Div WHS Date OCi 2 6 2012 aiE9R EI to their allegiance to the United States Mr Pollard failed to maintain that intellectual and spiritual balance that JewishAmericans strive to maintain between their love for Israel and their loyalty to the United States For his actions as a result thereof he must be accountable to our E la o s Relationship between the United States and Israel Just as a man who strikes another suffers varying degrees of punishment depending on to hether the victim lives or dies so should Mr Pollard be sentenced on the basis of the damage he caused to the security of the United States It is clear that punishment must be imposed in the form of incarceration but that does not mean it should be done without regard to the actual harm suffered by the United States in this case Accordingly the one point which he asks the Court never to lose sight of is that the country to which he passed classified information was not the Soviet Union Instead the recipient of the information is probably one of the closest if not the closest ally of the United States Since Israel's formal establishment in 1948 the United States has provided substantial assistance to it in the form of military hardware financial aid and intelligence information Even though the United States has never committed formally to defending Israel from aggression a cornerstone of u s foreign policy for almost forty years has been a self-imposed duty to ensure the survival of that nation To that end Israel remains the largest recipient of U S military equipment and financial aid even though it is a diminutive country both in size and population DECLASSIFIED IN PART Authority EO 13528 Chief Racord s Declass DIY WHS Date OCT 2 6 2012 SECUt EF· The relationship between the United States and Israel is not exclusively that of donor-donee The United States' commitment to the survival of Israel is not entirely a product of altruism The United States does have a natural sympathy towards Israel because it is the only stable democracy in the Middle East and because it is surrounded by hostile enemies with larger populations and resources whom it nevertheless defeated in three wars However Israel also has undertaken operations from which the United States deri1fed substantial benefit In past years Israel has frustrated numerous terrorist activities against targets and provided information to be used in u s u s intelligence activities· or actions against terrorism Israel has alsoactedon the United' States' behalf when direct u s involvement would be politically impossible or detrimental to u s foreign policy For instance when the United States normalized relations with the People's Republic of China in 1978 the PRC insisted that the U S diminish its arms sales to Taiwan The United States ended direct sales to Taiwan but Israel with the encouragement of the United States became the new supplier of u s arms More recently the media has been OSD 3 3 b f to Dos b Cl Cfl 3· 3tb tl 9 ' DECLASSIFIED IN PART Authority EO 13528 Chief Records Declass DIY WH Date OCT 2 6 2012 detailing Israel's covert role as a broker of U S arms sales to Iran Given this extensive and intimate relationship between Israel and the United States it should not be surprising that the Israeli and U S Governments have entered into formal agreements for the exchange of intelligence information Secretary Weinberger's affidavit admits that pursuant to these agreements a large quantity of intelligence information much of it highly classified is disclosed as a matter of policy to the Israelis Secretary Weinberger insists however that the information passed by Mr Pollard to Israel exceeds the scope of the exchange agreements F Criteria for Dissemination of Information to Israel An inspection of the criteria the Secretary listed in gauging what information could be disseminated to the Israelis shows that contrary to Secretary Weinberger's claims the information Mr Pollard passed to the Israelis does not undisputedly fall outside those criteria Secretary Weinberger identifies six criteria used in making the determination whether 10 1ttJ soia b t teo 3 Secretary Weinberqe also lament the possibility that Mr Pollard could have been a victim of a •false flaq• operation A •false flaq is a situation where the offender is duped into believing that he is giving information to a perfectly benevolent recipient when in fact the ultimate recipient is the enemy It is true that a •false flag 8 can operate in every espionage however it should also be factored into the question of punishment that there was no •false flag• here Again we reiterate that the Court should assess the actual damage not what it could have done All the indicia of the Pflaq pointed squarely to Israel and nothing in Mr Pollard's experience belied that Thus Mr Pollard knew then Colonel--now General--Avi Sella to be an Israeli military hero who led the bombing raid on the Iraqi nuclear reactor site in 1981 While residing in New York Sella's wife was nationally active in the Anti-Defamation Footnote Continued DECLASSIFIED IN PART Authority EO 13526 · ' t · · if Chief Records Declass DIY WHt ' ·SEe tEI Courtshouldnot accept Secretary oateocr 2 6 2017 ·· ·i rqer's facile protestations that the Israelis did not need the information given by Mr Pollard As mentioned above the information passed by him did not concern OSD3 3 b 1 0 Footnote Continued League In addition Sella provided Mr Pollard the entree to Yossi Yaqur and Erit Erb who became his lonq-term handlers Most significantly he met at length with Rafael Eitan the ultimate controller of the operation the man who captured• Adolf Eichmann Throughout the course of hls operation Mr Pollard questioned all of these individuals at lenqth to satisfy his curiosity and to establish their bona fides Even the best trained agents could not have known the details or events on which these individuals were quizzed The specter of a 0 false flaq• was in reality therefore non-existent 8EC i · · l ' - DECLASSIFIED IN PART '- ' -£il Authority EO 13528 '- ti Chief Records Dec lass Dlv WHI ·· Date OOT 2 6 2012 As admitted In addition Secretary Weinberger much of the thev issue is mere it does not rise beyond a technical violation of the criterion The fourth criterion is whether the rP cipient nation would afford ample safeguards to the disclosed information As stated above the mere fact that the United Sta spels any contentiort that it is incapable of protectinq the shared information Secretary Weinberger alleqes however since the· information which the Israelis sought was that which they considered critical to their survival it defies logic that the Israelis would endanger the benefit which OSD 3 3 b I o 0a s 3·S ll A DECLASSIFIED IN PART Authority EO 13528 -·Chief Records Declass DIY WHS Date OCT 2 6 2012 · 3 b OSD 3 3 b d the information gives them by divulging the information to other u s whether the sharing of information would be consistent with defense and foreign policy objectives Secretary Weinberger repeatedly contends that the information given to the Israelis by - - - - - -------- Mr Pollard has damaged U S interests in the Middle East While Mr Pollard and his counsel lack access to information necessary to refute all of Secretary Weinberger's assertions some of the assertions are contrary even to estahlished viewpoints in the intelligence community For instance Secretary Weinberger insists that a stronger Israel upsets the balance of power in the Middle East and therefore makes armed conflict more likely the United States truly believed that it t ould If not provide Israel with the most sophisticated military equipment and generous foreign aid Instead one of the bulwarks of u s policy in the Middle East is to ensure that Israel maintains a clear military superiority in the region As stated in a classified report titled The Arab-Israeli Military Balance w prepared by the u s intelligence community the United States sells some of its best and most advanced equipment to Israel on a DECLA SSIFIED IN FUll Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 timely basis occasionally even before some US forces receive it Id at 9 The unqualified support which the United States displays for Israel reflects in part a realization that Israel would not initiate a war simply because it thinks it has a military advantage over its enemies To the contrary with the knowledge of military superiority Israel would not experience the insecurity which fuels wars in the Middle East the Arab-Israeli tilitary As stated in Balance a n Israeli preemptive attack on an Arab state is likely only if Israel believes that that state is preparing for an imminent strike against it at 6 Id Put simply it is the absence of an Israeli military advantage that disturbs the shaky peace in the Middle East In the words of the classified report t here is no doubt that Israel's clear military superiority is its primary deterrent Id at 22 Secretary Weinberger attempts to refute his own employees' analysis of the above-described political reality in the Mirldle East by pointing to the Tunis raid as an example of Israeli aggressiveness prompted by a clear military advantage over its enemies Secretary Weinberger misses one key distinction The raid on Tunis was not directed against Tunisia but was a surgical strike aimed at a terrorist organization while relations with Tunisia may have been ruffled over the attack though there was no rupture of ties it is interesting that President Reagan architect of u s foreign policy stated immediately after the raid that other nations have the right to strike at terrorists if they can pick out the people I l DECLASSIFIED IN PART Authority EO 13528 Chief Records Declass Dlv WHS Data OCT 2 6 2012 responsible World News Digest October 4 1985 4 In addition the strike was not a product of new-found intelligence data supplied by Mr Pollard but rather reflected an application of Israel's consistent policy of retaliating for terrorist actions a ainst its nationals Accordingly the information which Mr Pollard supplied undoubtedly furthered the attack but it did not induce it Indeed the information most likely minimized the loss of Israeli and Tunisian lives which would be in the best interests of u s policy by permitting a more accurate attack OSD 3 3 b r lf against the PLO headquarters G Damage to Relations with Friendly Arab Countries Secretary Weinberger's second contention is that ---- u s ----------- relations with friendly Arab countries have been damaged Israelis assuredly real ze that disclosure of the extent of information received from Mr Pollard will jeopardize the advantage which the information gives them over their present or potential enemies since it would spur the enemies to take effective J lo I CJi-l 3· t 4 When questioned by reporters on how the Israelis were certain that they were striking at PLO members rather than Tunisian civilians President Reagan replied I have always had great faith in their intelligence £ _ S Riii · DECLASSIFIED IN PART Authority EO 13528 Chief Records Declass Div WHI Date OCT 2 6 2012 · tb l 0 l -w - concern of Secretary Weinberger's is that information acquired by Israel through Mr Pollard's activities could be used against Arab countries in a manner which would damage u s foreign policy Secretary Weinberger again points to the raid against the PLO headquarters in Tunis as evidence of the uses to which the Israelis would put the information and the -------·----· - - - - ensuing damage to u s policy Specifically Secretary Weinberger contends that u s injured because of the raid relations with Tunisia have been Secretary Weinberger does not ndicate however whether the damage if any which occurred to bilateral relations was a result of the attack itself or the ted States' failure to condemn it immediately Again raid would have taken place regardless of Mr ru· ard's passing of information to the Israelis Mr Pollard may minimized the damage t o U S -Tunisia relations by reducing e number of Tunisian fatalities Over eighteen months have elapsed since Mr Pollard began iding information on Arab countries to the Israelis not attacked one Arab country During Israel has ad a longstanding policy which predates Mr Pollard's volvement with them of targetting terrorist bases located in DECLASSIFIED IN FULl Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 Lebanon Those air strikes are the only exception to this proposition If the information given by Mr Pollard had altered the military balance as Secretary Weinberger contends Israel surely would have begun hostilities against Syria in light of that country's provocative behavior in Lebanon III Mr Pollard's Access to Classified Documents Mr Pollard commenced his employment with the Department of Navy in 1979 as an intelligence analyst He immediately attracted the attention of his superiors because of the depth of his analysis and his enthusiasm Consequently Mr Pollard was given extremely favorable reviews and received several awards and promotions In 1984 he was assigned to the Anti-Terrorist Alert Center first as a watch officer and later as a research analyst From the beginning of his tenure until his arrest in Novp er of 1985 except for a brief period in 1980 he held clearances up to the TOP SECRET level which permitted him access to a variety of classified documents As stated in the United States• memorandum analysts in the u s intelligence community operate on an honor system in that the analysts voluntarily limit their access to only those documents which they perceive a need to inspect Unlike the defense establishment the intelligence community does not have a structured procedure establishing a need to know restricting the access of those possessing security clearances to specific categories of information The primary reason for the more relaxed procedure in the intelligence community is a need for the ·' -- DECLASSIFIED IN FUll Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 201 analysts and researchers to have a ready exchange of ideas and a general awareness of events in parts of the world other than those for which they are responsible In the intelligence community there is an overriding goal that analysis of world events not be made in a vacuum To that end Mr Pollard would as part of normal procedure be permitted access to a wide range of classified documents Not only would Mr Pollard have access to documents dealing with subjects outside his assigned specialty--the Caribbean--it was assumed and indeed expected that he would keep abreast of developments in other areas of the world As a watch officer Mr Pollard was obligated to monitor all incoming information germane to terrorist activities anywhere in the world Furthermore Mr Pollard's superiors came to rely on his expertise in the Middle East gained through his prior assignments with the Navy and his willingness to take the time to absorb available information such that he was called upon on many occasions to deliver explanations of the significance of events in the Middle East Indeed Mr Pollard's superiors sent him as the official Navy representative to two high level inter-agency intelligence conferences dealing in part with developments in the Middle East Because of his expertise in matters in that region it was anticipated by Mr Pollard and his superiors that he would be assigned to the Middle East desk as soon as a position was available and that it therefore was imperative that he stay current on Middle East affairs 19 DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 In spite of its full awareness of the above the United States has sought to depict Mr Pollard as actively ransacking the intelligence libraries to provide information to Israel Indeed the United States intended that he have such access While this distinction does not exonerate Mr Pollard from the charge to which he has pled guilty it clarifies that his access to classified documents regarding the Middle East was facilitated knowingly by the u s Government and was not the product of his contrivance IV Mr Pollard's Decision to Provide Information to Israel At the outset the Court should be aware and the United States has not disputed that Mr Pollard did not join the U S intelligence community with the intent of providing information to Israel Instead as explained in Mr Pollard's version of the offense his decision to become an employee of the u s Navy was motivated by a desire to help the United States to fight communism and to have a meaningful impact on combatting terrorism aspects of It was only after several years of frustration over u s policy that Mr Pollard even began considering an approach to the Israelis Finally when events in the Middle East threatened the interests of both the United States and Israel and when he felt that the United States was not providing to Israel that which was called for in the intelligence exchange agreements between the two countries did he make an overture to the Israelis to provide them with that information While one can scarcely condone the judgment to approach the Israelis and to SEGRI DECLASSIFIED IN FULL Authority EO 13528 Chief Records Declass Div WHS Date trf 2 6 20t2 provide them with such information Mr Pollard's motivations were ideological not mercenary The corruptive effect of money on his conduct fully discussed in his statement came later In the beginning and for five months thereafter Mr Pollard received money for his activity Moreover as further testament to the non-mercenary motivation of his conduct he was in service for six years before he made his fateful decision to help Israel Lastly it must be noted that his motives were probed by polygraphy and on this issue he was found to be telling the truth--he acted out of ideology first not for money A Mr Pollard's Pro-Israel Viewpoint Mr Pollard has explained at length the circumstances of his upbringing and religion which inculcated a sympathy towards the State of Israel and which led him to provide information to it His Jewish heritage his trip to Israel extensive reading of Jewish and Israeli history and exposure to the attitudes of his family and friends naturally induced a strong pro-Israeli posture Mr Pollard's work experience only intensified this feeling towards Israel As an analyst privy to classified information he became aware of the true danger to Israel from its enemies in the Middle East and thought that the U S public underestimated or did not appreciate this danger More importantly Mr Pollard thought that the U S intelligence community was deliberately withholding information from Israel that was vital to its security even though formal intelligence exchange agreements provided that the information be shared with Israel He learned of the existence of these exchange agreements DECLASSIF-IED IN FULL --- - Authority EO 13526 Chief Records Declass Div WHS Date ref 2 6 281% EetTCET and their contours from his role as a delegate to several joint U S -Israel conferences at which information was exchanged pursuant to the agreements Mr Pollard who had never hidden his feelings towards Israel on several occasions challenged the failure of the u s to provide certain documents to the Israelis and demanded an explanation from his superiors Not only did his superiors refuse to provide any reason for the policy of withholding information their replies often contained anti-Semitic overtones On one occasion when he protested the failure to turn over information regarding Soviet chemical warfare capabilities to the Israeli intelligence counterpart Mr Pollard was told that Jews are overly sensitive about gas because of their experiences during World War II B Frustration over Terrorism Concurrent with Mr Pollard's growing alarm over the threat to Israel's very existence and th United States' reluctance to provide the information necessary to assist Israel was his increasing distress over the threat of terrorism to the United States Mr Pollard always has viewed himself as being a loyal son of both the United States and Israel Accordingly when events like the bombing of the Marine barracks in Beirut occurred Mr Pollard felt a rage both that the U S intelligence system failed to prevent such a tragP dy and also that the United States failed to retaliate even though it culprits behind the bombing 'las well aware of the Because Mr Pollard questioned the political resolve of the United States to take the actions necessary to combat terrorism effectively he thought it SE 7 • C 'f ' t I ' • ' I '- 22 l q J I DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 ' necessary to do all he could to assist the one country--Israel--that had demonstrated the fortitude to strike at terrorists The fact that the major terrorist organization in the world the Palestine Liberation Organization targets its operations almost exclusively at Israel and the United States rendered the decision more justifiable in his mind V Mr Pollard's Limitations on Delivery of Information Consistent with Mr Pollard's motivation in providing information to Israel were the limitations he imposed on the type of documents he would supply He did not adopt the blind attitude that what was good for Israel was good for the United States rather he realized that the interests of Israel and the United States occasionally diverged Mr Pollard accordingly insisted with the concurrence of the Israelis that he would not divulge information concerning U S military or intelligence capabilities or take any other action deemed to damage the national security u s He provided only information he thought would benefit the defense of Israel which fell into the following general categories 1 the weapon systems of Arab countries 2 the intelligence structures and capabilities of Arab countries 3 daily message traffic concerning events in the Middle East 4 analysis of Soviet l'ieapon systems which would probably be delivered to Soviet client states in the Middle East and 5 ana lysis of Arab leaders political intentions and governmental stability 23 SEGrtllii ·DECLASSIFIED IN PART Authority EO 13526 Chief Records Declass Dlv WHt Date OCT 2 6 2012 Restrictions on the type of information which Mr Pollard supplied are hardly consistent with the United States• depiction of him One who sells state secrets solell' for money is unlikely to anger his benefactors by denying them access to certain documents Yet Mr Pollard flatly refused Rafi Eitan's demand for improper political blackmail asked for information regarding On other occasions Eitan u s intelligence sources in Eitan alsodemandeddocuments eoncerni g Israeli arms dealings with other countries particularly China and u s States knowledge of Israeli intelligence efforts in the United Each time Mr Pollard would not provide such documentation or information despite Eitan's threats of recrimination VI Compensation A OSD 3 3 b J rA 3·3Cb ll The Decision to Accept Compensation The predominant theme in the·United States• memorandum is that Mr Pollard's decision to deliver information to the Israelis was motivated solely by the allure of money Mr Pollard does not contest that he received compensation for ·SEt mcicf DECLASSiFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2Dl2 his efforts to provide classified information to the Israelis in all other respects the United States' memorandum is distortive of the actual sequence of events leading to that compensation As correctly pointed out in the United States' memorandum Mr Pollard was put in contact with Avi Sella in June 1984 regarding a desire to aid Israel that Mr Pollard had professed to a mutual friend Sella asked that Mr Pollard provide a sample of the type of information to which he had access Mr Pollard did so without requesting or receiving any remuneration Shortly thereafter Mr Pollard commenced providing documents to the Israelis on a regular basis again without demanding or receiving compensation Mr Pollard and Sella only discussed compensation because Sella stated that standard practice dictated that all agents receive compensation for their activities This policy probably reflected the Israeli's conviction that one who provided ihformation for ideological reasons was less likely to stay the course than one who acted for the money Indeed when later Mr Pollard offered to rP pay the Israelis for the money given him his previous handler Avi Sella stated that the offer was unacceptable because Rafi Eitan the head of the operation did not like his agents to discover morality 5 5 The United States attacks the veracity of Mr Pollard's offer to reimburse the Israelis for the monies given him by claiming that he initially told authorities that he had conveyed his offer to Yossi Yagur by letter but that he retracted the statement when asked to submit to a polygraph examination The actual Footnote Continued I DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date ref 2 6 2012 In the initial discussion between Mr Pollard and Sella regarding money a variety of options was explored Mr Pollard said that he was considering moving to New York so that his wife could further her career Sella obviously was concerned because such a move would deprive the Israelis of a source of information therefore he offered to provide a job for Mr Pollard's wife in the Washington area The problem with such an approach was that it could force Mr Pollard to involve indirectly his wife in his activities which neither he nor the Israelis desired Sella then offered to pay Mr Pollard a sum which would compensate him for the income lost by his wife by remaining in Washington Such a proposal was not implemented immediately and only in November 1984 die the Israelis and Mr Pollard discuss and agree upon payments to him of $1500 per month Accordingly Mr Pollard provided information to Israel for five months without receipt of any compensation and without any reasonable assurance that he would receive any in the future Obviously if the Israelis had decided to terminate the operation Footnote Continued sequence of events was that Mr Pollard told authorities that he had asked Irit Erb to write Yagur to offer repayment of the monies The authorities became confused when Mr Pollard said that he had not orally told Yossi of his offer and they assumed that he meant he had written a letter to Yossi instead of having Irit prepare the letter This confusion was natural since Mr Pollard had written Yossi directly regarding shipments of arms to the Iranians to defend Kharg Island When the subject came up during the course of an extensive polygraph examination Mr Pollard clarified the authorities' confusion It is unfortunate that the Government attempts to accentuate this confusion especially since it does not otherwise challenge the truthfulness of Mr Pollard's offer of repayment to the Israelis DECLASSIFIED IN FULL Authority EO 13526 Chief Records Dec lass DIY WHS Date 'OCT 2 6 2012 in November 1984 Mr Pollard would have had no recourse against them His willingness to risk the possibility of arrest for five months without any tangible and immediate inancial reward hardly is consistent with the image painted by the United States of him as a cynical mercenary Even more importantly the United States fails to mention that its polygraph operator specifically interrogated Mr Pollard on his motivations for providing information to Israel The polygraph operator found no deception when Mr Pollard stated that he acted primarily for ideological reasons B Mr Pollard's Spending Habits Perhaps in recognition that it cannot dispute the results ---- of the polygraph examination it conducted showing an ideological motivation for Mr Pollard's actions the United States focuses on Mr Pollard's use of the money he received rather than his desire for it Again Mr Pollard does not challenge receipt of the money nor the expenditure of it however he cannot accept the picture of corruption painted by the United States' memorandum Before he received any payments from the Israelis Mr Pollard and his wife had established a lifestyle which included almost daily lunches or dinners at restaurants in the Washington area frequent purchases of clothes and books and entertainment On the other hand he and his wife rented a modest apartment owned a single dated nondescript automobile and were paying off student loans Mr Pollard was not massively in debt however and he and his wife's spending did not exceed their ----------- -- -- -- I DECLASSIFIED IN FULl Authority EO 13526 Chief Records Doclass Dlv WHS Date 'OCT 2 6 2012 disposable income Accordingly he did not perceive the payments from the Israelis to be rescuing him from financial straits In November 1984 Mr Pollard and the Israelis agreed that h would be paid $1500 per month commencing immediately The Israelis did not give Mr Pollard any money for his efforts on their behalf for the previous five months Mr Pollard received $1500 per month for about nine months until the Israelis raised the amount to $2500 Contrary to the implications in the United States' memorandum Mr Pollard did not demand a raise but the Israelis offered and he received an increase because of the quality of the material being supplied by him In all Mr Pollard received approximately $25 000 in cash payments from the Israelis for the period from November 1984 through November 1985 The effect of the money given by the Israelis was to upgrade Mr Pollard's standard of living not to transform him and his wife into profligate spenders For example Mr Pollard and his wife went to nicer restaurants selected more expensive clothing and bought hardback instead of paperback books Also Mr Pollard and his wife made trips to friends' weddings and social events that they would have eschewed previously There is no contention that he or his wife have stashed any money in the United States or abroad or that they used the money for any illicit purpose Mr Pollard and his wife also made two trips to Europe that were sponsored by the Israelis The United States has delighted 29 DECLASSIFIED IN FUll Authority EO 13526 Chief Records Declass Div WHS Date nCT 2 6 2012 in detailing the amount of money spent on those trips yet the United States overlooks the fact that the trips were required by the Israelis so that they could meet with Mr Pollard outside the reach of u s law enforcement jurisdiction When considering the extensive travel involved the minimum costs associated with the trips would have run into the thousands of dollars While Mr Pollard did have luxurious accommodations on many segments of the trips the Israelis urged that he enjoy himself to the maximum extent possible particularly since on one trip he and his wife were on their honeymoon Furthermore the Israelis requested that Mr Pollard rent a suite in one hotel in Paris which cost over $300 per day so that meetings between them could take place there When the Israelis found an alternate meeting place Mr Pollard immediately moved to a room costing $75 per night In addition he and his wife travelled typically on coach fare especially between the United States and Europe and stayed overnight at modest establishments on many occasions The United States also emphasizes as part of its characterization of Mr Pollard as being motivated solely by lucre that the Israelis promised him that hey were putting $30 000 per year into a Swiss bank account in the name of Danny Cohen While the Israelis showed Mr Pollard a passport in that name they never exhibited any proof that the Swiss account actually existed or that they had deposited any money into the account Furthermore the Israelis admitted to Mr Pollard that the account if it indeed existed would be accessible by him only on the countersignature of an appropriate Israeli agent - 9EGL1A - -- - ------ - - -- DECLASSIFIED IN FULL Authority EO 13528 Chief Records Declass Div WHS Date OCT 2 6 2012 Accordingly Mr Pollard had little if any expectation of receiving funds from this source and indeed never obtained money from the account Furthermore the United States has determined that the account was devoid of funds It is absurd therefore for the United States to intimate that the bank account drove Mr Pollard to further efforts on behalf of the Israelis VII Mr Pollard as a Recidivist In its sentencing memorandum the United States discusses several other episodes in which Mr Pollard divulged classified information to other persons allegedly not entitled to access to the information Mr Pollard does not contest that he provided information to such persons# however he does take issue with the version offered by the United States of the circumstances surrounding the delivery of information It is important for the Court to realize that the United States almost invariably relies on the word of the recipients of the information when discussing the incidents With good reason the credibility of those recipients is open to substantial doubt In no instance did the recipient of the information voluntarily come forward immediately to disclose Mr Pollard's conduct to the proper authorities In a few cases the recipient in what is reminiscent of a race to the courthouse approached the u s arrest became known investigators after news of Mr Pollard's These belated nconfessions can be attributed solely to the recipient's fears that Mr Pollard would ------ --- I DECLASSIFIED IN FUll Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 disclose the delivery of information and therefore subject them to criminal charges Those recipients accordingly thought it preferable to provide their version of the incident first In other cases the United States learned of the passing of information only after notified of the incident by Mr Pollard Only when summoned by the investigators did those persons provide an account of the passing of information In spite of the tardiness with which the recipients of information from Mr Pollard provided u s authorities with their version of the transaction the United States did not see fit to charge any of those individuals with violations of the espionage laws Even stranger the United States did not even subject the recipients to a lie detector test to ascertain either the accuracy of their statements or their motives in seeking and receiving information from Mr Pollard By contrast the United States examined Mr Pollard thoroughly while he was connected to a polygraph and is satisfied with his answers Nevertheless the United States insists on providing a description of the incidents which relies primarily on the version given by the recipients of the information rather than Mr Pollard's polygraph-tested explanation A Peter Mole Mole was an officer of the Australian Navy assigned to act as liaison officer with the United States pursuant to an exchange of information agreement Because Mole was an officer of one of the United State's strongest allies and assigned specifically to receive classified information on behalf of his government he DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date QCT 2 6 2ttt was permitted to have access to information passing through the Department of Navy intelligence center On several occasions Mr Pollard was instructed by his superiors to ensure that Mole be given any documents he requested regardless of the type or secrecy level of the document Even though many of the documents contained the notation NOFORN which forbids dissemination to foreign governments Mr Pollard's superiors ordered complete access for Mole and justified the order by declaring that Mole was to be considered a u s employee Accordingly when Mole asked Mr Pollard for information relating to u s -New Zealand affairs Mr Pollard saw no impropriety in providing a document responsive to the request Indeed investigators later not only acknowteagecr- the extEmt -to which Navy personnel--routinely gave Mole access to restricted classified information but they devoted a lengthy debriefing session to discussing the latent security problem of permitting British Canadian and Australian liaison officers to have carte blanche in obtaining classified documents B Kurt Lohbeck Joe Harmon and Laura Caro Neither Lohbeck Harmon nor Care possessed security clearances and Mr Pollard does not contend that his divulging of classified information to them was in any way sanctioned by his superiors Mr Pollard's actions were not however examples of recidivist behavior but rather reflected an unfortunate desire to impress his friends with the importance of his work and his knowledge of areas of interest to them Interestingly the United States has not contended that those individuals who DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date 'OCT 2 6 2012 received information from Mr Pollard passed it on to unfriendly countries or used it in a manner detrimental to the national security Indeed the United States' memorandum is devoid of any claims of damage arising from the passing of information to those persons While this lack of damage does not condone the action it does justify a more restrained punishment 6 The United States also attempts to assign several sinister motives to what basically was a simple memory lapse Mr Pollard truly was unable to remember the details surrounding the disclosure of information to the above individuals This lack of recall signifies neither a cavalier attitude towards classified information nor a realization that the disclosures were inconsistent with his motivations in passing information to Israel Instead Mr Pollard's temporary memory lapse can be attributed simply to his focus on the aspects of his dealings with the Israelis Given his overriding desire to provide all information he could give regarding the extent of his activities 6 In Lohbeck's case little damage could have occurred As a recognized liaison to the Mujaheddin Lohbeck not only had access to several key u s officials including Robert McFarlane but also to intelligence reports On several occasions Lohbeck showed Mr Pollard classified documents with security caveats so high that he was unaware they existed Mr Pollard therefore thought it acceptable to provide Lohbeck with relatively less sensitive information concerning events in Afghanistan Mr Pollard provided such information in an effort to assist Lohbeck in crossing the border into Afghanistan and to further arms sales that they were attempting to arrange For unexplained reasons investigators did not seek details regarding Lohbeck's ties with U S officials or the documents shown Mr Pollard by Lohbeck7 indeed on two occasions an investigator involved in Mr Pollard's debriefing specifically instructed him to cut short narratives concerning those topics I DECLASSIFIED IN PART Authority EO 13528 Chief Records Declass DIY WHS Date OCT 2 6 2012 on behalf of the Israelis it is not unnatural that he would lose track of unrelated incidents Furthermore the United States has not suggested that he was in any way deceitful regarding his answers once he recalled the events on which he was beinq questioned c The South African Affair While he was still a graduate student Mr Pollard struck up an acquaintance with a military attache at the South African embassy This relationship begun at a reception at the South African embassy continued through correspondence and occasional phone calls Because Mr Pollard did not possess a security clearance at this point the South African 1 s motivation in speaking to him could be attributable to several innocuous factors including an appreciation of his knowledge of South African affairs rare among Americans a desire to promote friendly relations with Americans and perhaps less lofty reasons such as an indulgence of his craving for ego gratification When Mr Pollard commenced his employment with the Department of the Navy he thought it opportune to utilize his contacts with the South Africans At that time relations between South Africa and the United States were strained and intelligence exchanges severed because of the expulsion of the U S military attache from South Africa for espionage activities Because the absence of information from South African intelligence services left a hole in the u s intelligence gathering network Mr Pollard thought it imperative to establish a link with the South Africans Before making any overtures to ····· DECLASSIFIED IN PART Authority EO 13528 Chief Records Declass Dlv WHS · ·-- - -- Data 1lCT 2 6 2912 the South Africans however he first obtained the consent of his DECLASSIFIED IN PART Authority EO 13528 Chief Records Declasa Dlv WHS Date OCT 2 6 2012 VIII Mr Pollard's Post-Arrest Conduct The United States' description of the events which took place from November 18 1985 through Mr Pollard's arrest on November 21 are correct Mr Pollard deliberately misled u s investigators as to the nature of his activities on behalf of Israel in an effort to permit his Israeli handlers to escape Mr Pollard does not ask the Court to excuse this conduct but to recognize that this was the result of his desire to reciprocate the assurances of his handlers that in a crisis they would assist him by protecting them Such gullibility is understandable when one appreciates the ideological motivation for Mr Pollard's conduct Indeed this ideological motivation supplanted his instinct for personal survival during those critical days and hours prior to his arrest In that time Mr Pollard never made a break for it until he had confessed several times to the act of espionage albeit without identifying his handlers he telegraphed his every move to his interrogators he consented to warrantless searches of his apartment and he drove amateurishly to a promised haven that never existed at the Israeli Embassy Of course when Mr Pollard was finally arrosted he never attempted to bargain his situation for that of his handlers If --------- - DECLASSIFIED IN PART Authority EO 13528 Chief Records Dectasa DIY WHS Date OCT 2 6 2012 his passing of information to the Israelis had been driven solely by money as the Government persists was the case Mr Pollard most assuredly would have tried upon his arrest to obtain a bargain in return for identification of his confederates did not happen This This is not a condonation of this conduct but rather an explanation that serves to underscore the profound ideological commitment of Mr Pollard to his conduct and concomitantly the utter naivete he demonstrated at a time when his life was collapsing around him A Mr Pollard's Cooperation with the Government and Its Value The Court should also weigh heavily the cooperation extended by Mr Pollard beginning three months - after hi a arrest and welL before a plea agreement was executed Without the promise of any leniency by the United States except its commitment not to ask for a life sentence or a specific term of years but only for a nsubstantial period of incarceration Mr Pollard began providing full details of his activities on behalf of the Israelis The ensuing debriefinqs consumed several hundred hours during which Mr Pollard provided information to his u s s on the following subjects OSD 3 3 b J 1l NClJ I 3· tb c 3 3Lb 1 c - r·· -- ·-- - OE LASSIFIED IN PART Authority EO 13528 Chief Records Declass Dlv WHS ' Date CT 2 6 2012 · OSD 3 3 b r 1 G CS l 3-3Lb J DECLASSIFIED IN PART Authority EO 1352 ·· Chief Records Declass Dlv u•u• · c oate ocr 2 a2012 t Co CSA s b l 3 OSD 3 3 b l · DECLASSIFIED IN PART Authority EO 13528 Chief RecoldS Declass DIY 'WH$ · OSD 3 3 b f Date Crl 3 3Cb l 3 OC I 2 6 2012 Pollard is continuing to assist in the investigation through interviews and grand jury testimony For example he has appeared before the qrand jury investigating the role of Avi Sella twice in the last month to detail Sella's direct request and receipt of classified information from him Because of Mr Pollard's candor in describing the extent of the information passed to Israel the United States has been able to gauge more accurately the extent of any damage caused by Mr Pollard's actions and to take effective countermeasures In addition his forthrightness has enabled the United States to confront the Israelis regarding the truth of the statements they submitted to u s investigators Mr Pollard's cooperation also has extended beyond identifying the scope of his activities for Israel concern in the u s A prevalent intelligence community was how he could pass documents to the Israelis for eighteen months without detection Mr Pollard not only supplied details of his ability to circumvent security measures at his workplace and the S tf' r f • 40 'I -------· DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Dlv WHS Date OCT 2 6 2012 intelligence libraries he also provided advice on how best to rectify those holes in the security net For instance Mr Pollard explained how modems which permit communication with a computer by phone represent a severe security problem since the high speed transmissions could be intercepted by enemy agents acting outside secure facilities who could quickly access massive amounts of classified information secretion of a single flo pY He also discussed how disk from a secured area could be as damaging as the removal of hundreds of classified documents In addition he advised investigators that the State Department Intelligence and Research Bureau is probably the optimum location for an enemy spy since analysts at the Bureau routinely receive hundreds of intelligence reports weekly as part of their duty of summarizing such reports for reading by the Secretary of State Several times during his marathon debriefings officials of various intelligence agencies commented favorably on the ideas put forward by Mr Pollard Others assured him that his recommendations had been implemented Mr Pollard's cooperation with investigators also was so impressive and his previous employment evaluation so favorable that his questioners began to take the interrogation beyond the realm of his activities for Israel For example after Mr Pollard's debriefing had terminated he was brought back from prison to give various intelligence officers a briefing on the Condor missile being built jointly by Argentina and Egypt The United States concedes that Mr Pollard was candid and informative in describing his wrongdoing and that the SE ·• 41 I DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 investigation of the Israeli involvement in the matter could not have progressed as far as it did without his assistance The Government's description of Mr Pollard's cooperation however is lame in the extreme Without the benefit of the detail which is supplied above there is no way the Court could possibly discern the level depth and value of Mr Pollard's cooperation By failing to give Mr Pollard proper credit for his cooperation the Government has not honored its part of the plea bargain Instead it offers the shrillness of an overstated argument to support its claim for a substantial sentence This is not fair If the Government wishes to attack Mr Pollard's honesty it is free to do so but not at the expense of failing to speak as candidly and openly about his valuable cooperation as it has about his criminal conduct B Mr Pollard's Conduct and Treatment in Prison In addition to cooperating extensively with the prosecutors and officials of the U S intelligence conummity Mr Pollard has displayed a compliant attitude towards prison and jail officials Mr Pollard has been a model prisoner even in the face of disturbing patterns of harassment Since his arrest Mr Pollard has been kept in administrative detention resulting in isolation from others and curtailed exercise phone and visitation privileges This detention has not been imposed because of any perception that Mr Pollard is a discipline problem but rather because of a concern that other prisoners would cause him h rm to Because of the nature of the offense to which Mr Pollard has pled guilty and because of his Jewish background prison t 42 -I- -- - ·--· -- DECLASSIFIED IN FULL Authority EO 13528 Chief Records Declass Dlv WHS Date OCT 2 6 2012 officials fear that he is a target for several prison groups In particular Mr Pollard has received threats from the Aryan Brotherhood which is renowned in the prison system for its anti-Semitism 8 In spite of this Mr Pollard has requested on numerous occasions that he be put in less restrictive surroundings so that he may enjoy the same privileges as other prisoners even though such a move would el pose him to greater danger An added burden for Mr Pollard is that several of his guards have displayed a bigotry similar to that of the Aryan Brotherhood as revealed not only in deroge tory remarks to him but also in unusually harsh treatment For example on one occasion Mr Pollard's jailors at Petersburg Virginia told him he was going ho e to Israel then chained him by the throat waist and feet and placed him in a van for transport to the federal prison at Lewisburg Pennsylvania At the beginning of the lengthy trip the jailors delighted in taunting Mr Pollard with anti-Semitic remarks At Lewisburg Mr Pollard was treated erroneously as a discipline problem with further restrictions on visitation and phone privileges In addition during the brief visit that prison officials permitted him to have with his wife 8 On three separate occasions Mr Pollard received warnings from other inmates that the Aryan Brotherhood has targeted him for assassination Prison officials respectful of the justifiable pride which the Brotherhood takes in fulfilling its threats has attempted to monitor known Brotherhood members in the prison According to inmates however the Brotherhood has promised to put a sleeper or a clandestine member of the group in the prison to carry out its avowed execution ' 43 · l' ---------···-·· 1 DECLASSIFIED IN FULL Authority EO 13526 Chief R s Declass Div WHS Date Utf 2 6 2012 his hands were cuffed and placed in a box rhich was designed to tighten the handcuffs if he attempted to move his hands Excessive movement of the hands in the box could result in a broken wrist Even though intercession by the u s Attorney's Office provided a reprieve from this treatment its pervasiveness grounded in bigotry and the expectable hostility of our society to spies combine to make Mr Pollard's incarceration especially brutal c Mr Pollard's Physical Emotional and Judgmental Deterioration It is not surprising that any person incarcerated for more than a year will suffer breakdowns in health both physical and mental It is als the case that his judgment will not always be as acute as in other less stressful circumstances In Mr Pollard's case this deterioration has been rapid and profound It is compounded by the fact that his wife Anne Henderson-Pollard has to his way of thinking suffered even more than he--and he has been able to do nothing about it He has witnessed her decline in health as evidenced by the loss of more than sixty pounds an excruciatingly painful surgery numerous endoscopic examinations extreme dependence on pain medication and a marked deterioration in her morale She has been subjected to the onslaught of media people each of whom carry a special message of why it is important for her and or her husband to speak to them Both Mr and Mrs Pollard have lapsed in this regard and against better judgment and advice have spoken to the press Hopefully this will be seen as an aberration nothing more • y • F e'- ·-__ 'li a - T ----- --- DECLASSIFIED IN FULl Authority EO 13526 Chief Records Declass Di'l WHS Date OCT 2 6 2012 Rather these are the acts of a person who notwithstanding valuable cooperation has been held up to vilification and scorn whose motives although verified as ideological have been condemned as mercenary whose lifestyle although demonstrably modest has been described as profligate and whose personal integrity although tested severely during his cooperation has been impugned It is reflective of the desperation that grips these people in this the lowest moment of their lives Mr Pollard's incarceration and its special debilitating features are discussed above at p 43 Here we wish the Court to understand the special torture this situation represents A family is destroyed a marital relationship severed the daily threat of bodily harm and the specter of long-term imprisonment and isolation all coalesce in this case with a force far greater than usual This is because no degree of intellectualizing can correct the crushing realization that Mr Pollard may have no life before him and this notwithstanding that he feels he has betrayed no one and never intended or did harm to the United States IX Possibility of Parole A factor which the Court should consider in imposing sentence is the likelihood of whether Mr Pollard will be paroled at any time during his incarceration In this instance given the nature of the offense parole is highly improbable The sentencing guidelines call for any person convicted of espionage to serve at least 100 months or eight and one-third years in I'• ' P 45 ' DECLAfSiFi i IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 201 prison before he is even considered for release on parole See 28 CFR §2 20 Furthermore there is no guarantee that the Parole Board would release Mr Pollard on parole even after he served 100 months especially since to the best of our knowledge the Parole Board has not paroled one person convicted of the espionage laws in the past ten years The Court accordingly could reasonably presume that Mr Pollard will have to serve fully any sentence imposed by it less any reduction for good behavior Applying this measure in any sentence in excess of five years Mr Pollard will likely serve fully two-thirds of the high end of any sentence imposed by the Court See 18 u s c 4206 d • Conclusion Since the codes of Hamrnurabi the laws have evolved to a simple but profound proposition viz that punishment should fit the crime Enlightened sentencing principles in today's jurisprudence look beyond the sensational aspects that often accompany the establishment of guilt in favor of measuring the severity of the offense This is especially true where the defendant has pled guilty to the crime In this case notwithstanding its sensational features where an enormous volume of information was transmitted improperly it was done without the intent to and without the result of damaging the nation's security This case is lacking the essential ingredient that would make this a heinous crime the beneficiary was not and is not the enemy but one of our -9E' 7' ·r 46 Ef'qiE 'f closest friends DECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Dl WHS _ale OCi 2 6 2012 By this we do not argue that what Mr Pollard did was right or that it does not merit punishmant However the punishment must be appropriate to the actual severity of his criminal conduct country Applying that measure no harm has come to the Accordingly Mr Pollard's sentence ought to reflect this indisputable fact Respectfully Submitted Anderson Hibey Nauheim Blair 1708 New Hampshire Ave N W Washington D C 20009 Attorneys for defendant Jonathan J Pollard 47 D'ECLASSIFIED IN FULL Authority EO 13526 Chief Records Declass Div WHS Date OCT 2 6 2012 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was delivered to Charles s Leeper Esq and David Geneson Esq Assistant U S Attorneys this 27th day of February 1987 by depositing a copy with the Court Security Officer pursuant to the Protective Order dated October 24 1986