[Intelforum] Pollard's Life Sentence

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Mon Jan 21 13:02:30 EST 2008


From: LevinMJ at aol.com
Date: Sun, 20 Jan 2008 16:03:18 EST
Subject: Re: Pollard's Life Sentence
To: intelforum at lists101.his.com

In a message dated 1/19/2008 1:59:09 P.M. Eastern Standard Time, 
<mailto:intelforum at lists101.his.com>intelforum at lists101.his.com 
(Anthony Damato) writes:

        Mike is correct that a pre-sentencing agreement does not bind the court

I am pleased that a distinguished professor of law has validated my 
view that the government did not "break its word" in the plea 
agreement of Jonathan Pollard as claimed by Alan Dershowitz.   I am 
puzzled, however, by Damato's statement:--"However, on the merits of 
his case, Mike Levin puts the wrong spin on it, IMHO."

My original post was limited to the facts of the plea agreement; --no 
spin, no discussion of the details of the case against Pollard. 
However, since Damato raises the issue, I will comment.

First, in the interest of full disclosure, let me state that I 
participated in the preparation of the intelligence community's 
damage assessment in the Pollard case.

Jonathan Pollard's job in the NISC (Naval Intelligence Support 
Center) was to receive intelligence from producers and study its 
possible application to the Navy's planning and operations. He had no 
responsibility for exchange of intelligence with foreign countries 
and had no access to details of any bilateral intelligence exchange 
agreement with any country. These exchange agreements, when they 
exist, are carefully prepared, are very detailed, and are based on 
national interest. Distribution is limited to those having 
responsibility for exchange of intelligence with foreign countries. 
Unless Damato holds some specific evidence that has not been made 
public, I will continue to believe that the story that the US 
withheld information that it was committed to exchange with Israel, 
is another fairy tale perpetuated by pro-Pollard apologists.

Mike Levin
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