Exhibit C: Govt.'s May 7, 2001 Letter and Enclosure to Congressman Weiner

Annexed to Jonathan Pollard's Motion to Modify the Court's January 12 2001 Order

[Click here to go directly to the Motion]

Annexed hereto as Exhibit C is a copy of a letter dated May 7, 2001 (with enclosures) from Acting Assistant Attorney General Sheryl L.Walter to Congressman Weiner, written in response to Congressman Weiner's March 14, 2001 letter to U.S. Attorney Lewis.


U.S. Department of Justice
Office of Legislative Affairs
Washington, D.C. 20530

May 7, 2001

The Honorable Anthony D. Weiner
U.S. House of Representatives
Washington, DC 20515-3209

Dear Congressman Weiner:

This is in response to your letter of March 14, 2001, to United States Attorney Wilma A. Lewis in the District of Columbia where you pose several questions concerning the classified documents in United States v. Pollard. A copy of our January 18, 2001, response to your November 29, 2000, letter is attached for your information. That response included a copy of the Government's Opposition, which is also enclosed.

The classified portions of the record in this case are classified up to and including Top Secret/Sensitive Compartmented Information (TS/SCI). Sensitive Compartmented Information concerns or is derived from intelligence sources, methods, or analytical processes which must be handled within formal limited-access control systems established by the Director of Central Intelligence. Although Mr. Pollard's attorneys apparently have Top Secret clearances, they lack clearances for the necessary compartments. As you are aware, Chief Judge Norma Holloway Johnson by order dated January 12, 2001, found that Mr. Pollard's counsel also lacked the required need-to-know.

The classified documents in question lack an articulated declassification schedule, but Originating Agency Determination Required (OADR) would apparently be the default designation. This designation would require the originating agency to designate a declassification schedule prior to any declassification and the classified documents would not otherwise fall within any declassification schedules. Pursuant to the provisions of Executive Order 12958, ## l.6(e), 3.1(bl) (2), 3.4(a) and 3.4(b) these documents are to be reviewed for declassification when they become 25 years old, or sometime during the year 2011.

With respect to your question concerning how many people have been accorded access to any of the classified documents since March 4, 1987, please be advised that the Department of Justice Court Security Office is responsible for maintaining the documents and ensures that access to these documents is limited only to those having the appropriate clearances, necessary need-to-know, and since Mr. Pollard's sentencing, the Court's permission. Additionally, we are unable to comment concerning whether anyone has been accorded access to the classified documents because that would be a matter placed under seal by order of the court.

Please do not hesitate to contact me if I can be of further assistance.

Sincerely,
(signed)
Sheryl L. Walter
Acting Assistant Attorney General

Enclosure reprinted below


U.S. Department of Justice
Office of Legislative Affairs
Washington, D.C. 20530

January 18 2001

The Honorable Anthony D. Weiner
U.S. House of Representatives
Washington, DC 20515

Dear Congressman Weiner:

This is in response to your letter of November 29, 2000, to United States Attorney Wilma A. Lewis in the District of Columbia in support of a new request submitted by Jonathan Pollard's attorneys for access to sealed portions of the court's docket in his case.

I have been advised that the classified documents at issue were sealed 13 years ago by the late Chief Judge Aubrey E. Robinson, Jr., of the United States District Court for the District of Columbia. The most recent request for access to these documents is presently pending before Chief Judge Norma Holloway Johnson. Mr. Pollard's current counsel have submitted your letter for the Court's consideration. The federal government has a continuing obligation to protect the secrecy of materials that the intelligence community has determined contain national security information. While obtaining appropriate clearance is one component of protecting such information, it is not the sole component. As indicated in the enclosed Opposition filed by the United States Attorney, another significant protection is through limiting access to such material to those with a clear need to know. Consistent with these established principles of law, the Department of Justice must respectfully continue to oppose Mr. Pollard's request. A copy of the government's Opposition is enclosed for your information.

Please do not hesitate to contact me if I can be of further assistance.

Sincerely,
(signed)

Robert Raben

Assistant Attorney General


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