Motion to Unseal the Pollard Record

Defendant Jonathan J. Pollard, by his undersigned attorneys, moves to add current defense counsel Eliot Lauer to the list of defense counsel authorized to access classified docket materials under the terms of the Protective Order entered by the Court on October 24, 1986 (the "Protective Order").

Between approximately January 9, 1987 and March 4, 1987, the date on which Mr. Pollard was sentenced to life in prison, the government and the defense each submitted sentencing memoranda and related materials to the Court. Pursuant to the terms of the Protective Order, a Court Security Officer reviewed the sentencing memoranda and other materials for possibly classified information, and redacted the portions of the memoranda and materials he deemed to be classified. Copies of these redacted memoranda and materials have long been in the public record. However, the portions deemed classified by the Court Security Officer were placed under seal and have remained under seal since then.

Since March 4, 1987, no one representing Mr. Pollard has seen the sealed materials. Other than Mr. Pollard's sentencing counsel, Richard Hibey, no attorney for Mr. Pollard has ever seen any of the sealed materials.

Defendant now moves this Court to add his current counsel, Eliot Lauer, to the list of defense counsel with access to these sealed docket materials.

The Protective Order allowed Mr. Pollard's then counsel, Richard Hibey, to have access to the sealed materials. The Protective Order contemplated future access to the sealed materials by providing that "All other individuals . . . can obtain access to classified information and documents only after having been granted the appropriate security clearances by the Department of Justice through the Court Security Officer and the permission of this Court." (10)

On November 2, 2000, Mr. Lauer was granted "top secret" security clearance. To our knowledge, all of the sealed docket materials are classified as either "top secret" or with a lower classification.

Counsel requires access to the sealed materials in order to represent his client effectively in various respects, including in connection with contemplated applications for executive clemency and/or commutation of sentence.

This motion does not seek information or evidence to be used in connection with the pending § 2255 motion.

Mr. Lauer has executed the attached Memorandum of Understanding, in accordance with the requirements of paragraph 12 of the Protective Order. Mr. Lauer has cooperated and will cooperate with the Court Security Officer in executing any forms required by the Protective Order.

WHEREFORE, it is respectfully requested that the Court enter an order adding Mr. Pollard's current attorney, Eliot Lauer, to the list of persons authorized to access the sealed docket materials.

Dated: November 29, 2000

Respectfully submitted,

CURTIS, MALLET-PREVOST,
COLT & MOSLE LLP

_______________________________________

Eliot Lauer (D.C. Bar No. 203786)

________________________________________

Jacques Semmelman

(Admitted pro hac vice)

1801 K Street, N.W.
Suite 1205L
Washington, D.C. 20006
(202) 452-7373

-and-

101 Park Avenue
New York, New York 10178-0061
(212) 696-6000

Attorneys for Jonathan Jay Pollard