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 Post subject: Pollard to US court: 'Vindictive' parole conditions because
PostPosted: Sat Jul 09, 2016 4:04 pm 
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Pollard to US court: 'Vindictive' parole conditions because I want to live
in Israel
Lawyers: US offers to trade spy in prisoner deal proves strict parole
conditions unwarranted.
By GIL HOFFMAN The Jerusalem Post 07/08/2016 09:46
http://www.jpost.com/Diaspora/Pollards- ... ive-459834

The conditions for Israeli agent Jonathan Pollard's parole from prison are
arbitrary, vindictive and would not prevent him from disclosing classified
information if he remembered any after 30 years, his lawyers said in a
submission to a New York court Thursday.

Thursday was the deadline for Pollard's lawyers to submit their final filing
to the court ahead of decisive oral arguments in the case on July 22. The
lawyers are trying to persuade Judge Katherine Forrest of the US District
Court in Manhattan to remove parole conditions that require him to wear an
electronic GPS ankle bracelet at all times, require him to be subjected to
unfettered monitoring and inspection of his computers, and prevent him from
leaving his New York home before 7 a.m. or return after 7 p.m.

"The [parole] commission has a statutory burden to satisfy before it may
deprive Mr. Pollard of his liberties, and it has not satisfied that burden,"
Pollard's lawyers Eliot Lauer and Jaquest Semmelman wrote Thursday.

The commission asked Forrest for permission to file a classified statement
to the court that Pollard's lawyers would not be permitted to see. She
permitted the documents to be filed but said the parole board must disclose
to Pollard’s attorneys the substance of the submission.

Lauer and Semmelman wrote that the parole commission's decision to not
submit anything of substance following Forrest's ruling was proof that they
do not have a single document they are comfortable having them scrutinize.

"The commission’s reversal is a clear admission that after reviewing its
files, it came up with nothing that it could credibly show the Court, and
which would withstand the scrutiny of petitioner’s counsel," the lawyers
wrote. "Moreover, the Commission offers no basis for concern that if in fact
Mr. Pollard did retain anything in his head, he would disclose that material
after 30 years in prison.

The Commission’s reversal also demonstrates that the only reason it imposed
the onerous special conditions on Mr. Pollard is out of a vindictive and
retaliatory motivation to punish Mr. Pollard for voicing his desire to live
lawfully in Israel upon his release after 30 years in prison. Retaliation is
not, however, a rational or lawful basis for special conditions of parole."

The lawyers wrote that the commission failed to establish that there is any
possibility that Pollard is able to disclose meaningful details about the
documents he saw 31 years ago. They wrote that even if Pollard still
retained properly classified information, the commission failed to set forth
any rational, logical connection between the alleged theoretical risk posed
by Pollard and the special conditions imposed on him.

Citing several examples from 1998 to 2014, Lauer and Semmelman said the fact
that multiple American administrations were willing to release Pollard as
part of a prisoner exchange or to persuade Israeli governments to advance a
peace process with the Palestinians proved the insincerity of the commission’s
claim that Pollard would commit further crimes while on parole.

Pollard was released on parole November 20 after serving 30 years of a life
sentence for passing classified information to Israel.
________________________________________
IMRA - Independent Media Review and Analysis

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