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RE: Why Pollard’s Release Is Unlikely Right Now

Alana, one of the reasons you suggest for the improbability of Jonathan Pollard’s release is the public nature of the campaign to free him, since such a prisoner release would typically be done with arguments behind closed doors.

But arguably, a public debate is the only way in which a Pollard release would become proper, because public discussion is necessary before such a step occurs. The whole world is watching, so to speak.

In an editorial today entitled “Netanyahu’s Plea for Pollard, the New York Sun provides a useful addition to the public debate, focusing on a “magnificent dissent” by Judge Stephen Williams in the 1992 case in which the Court of Appeals rejected Pollard’s plea for a new sentencing hearing:

It happens that we don’t think a life sentence is too long a punishment for conviction of secretly passing classified information to a foreign government, even, in serious cases, if conviction is for only one count, as it was in the case of Pollard. … But it also happens that the sentence meted out to Pollard was vastly disproportionate to sentences handed down against other spies, including some who spied not for a friend of America, which is what Pollard did, but for countries that could be expected to use the fruits of spying in actions against us, like the Soviet Union or communist China.

… [Judge Williams] was one of three judges who heard Pollard’s plea for a new sentencing hearing. The two other judges on the circuit panel, Laurence Silberman and Ruth Bader Ginsburg, sided against Pollard in a highly technical opinion. Judge Williams’s dissent accused the government of having broken both the spirit and, in one respect, even the letter of the binding agreement under which it had obtained Pollard’s guilty plea.

The Sun covers the arguments made by both sides in that case, and concludes that there was a miscarriage in the sentencing proceeding whose correction is long overdue after Pollard has served nearly 25 years. For those still seeking to make up their minds, the Sun’s review is worth reading.



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