Exhibit E: Congressman Weiner June 11, 2001 Letter
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 E is a copy of a letter dated June 11, 2001 from Congressman Weiner to Acting Assistant Attorney General Walter, responding to the May 7, 2001 letter.
Congress of the United States
House of Representatives
Washington DC 20515-3209
Congressman Anthony D. Weiner
June 11, 2001
Sheryl I. Walter
Acting Assistant Attorney General
Office of Legislative Affairs
U.S. Department of Justice
Washington, D.C. 20530
Dear Ms. Walter:
I have received your letter dated May 7, 2001, written in response to my letter of March 14, 2001, in which I had requested three pieces of information concerning the classified portions of the court docket in United States v. Pollard; the classification for each portion of each of the five classified documents; the declassification schedule for each such portion; and the number of people who have been accorded access to any of the classified documents since Mr. Pollard was sentenced. Your response did not adequately address my concerns.
In response to the classification for each portion of each of the five classified documents, your letter states that "The classified portions of the record in this case are classified up to and including Top Secret/Sensitive Compartmentalized Information (TS/SCI)." This does not tell me each of the classifications for each of the classified portions, only that some of the classified portions are classified TS/SCI. I am especially interested in finding out which documents, or portions of documents, have lower classifications. Please provide that information.
In response to my request for the declassification schedule for each portion of the classified documents, your letter states that "(t)he classified documents in question lack an articulated declassification schedule(.)" Your letter goes on to state that, pursuant to Executive Order 12958, the documents "are to be reviewed for declassification when they become 25 years old, or sometime during the year 2011." I have looked at Executive Order 12958. I see no 25-year delay in declassification as y ou describe. Rather, pursuant to # l.6(b) of Executive Order 12958, where the original classification authority did not establish a specific date or event for declassification, the classified information must be marked for declassification on the 10th year from the date of the original decision to classify. Pursuant to # 1.6(e), classified information that contains no declassification instructions "shall be declassified" in accordance with part 3 of the Executive Order. Accordingly, it would appear that based on your statement that the documents at issue "lack an articulated declassification schedule," under the default designation to which you refer, the documents at issue should be marked for immediate declassification, and then declassified, since more than ten years have elapsed since 1987, when they were originally classified.
And finally, in response to my request regarding the number of people who have been accorded access to any of the classified documents, your letter claims "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." However, nothing in the court's protective order dated October 24, 1986 states that the information I requested, the number of people who have had access to the classified portions of the docket, has been placed under seal. If there is some other order that places that information under seal, please provide me with a copy of that order so that I may review it. If not, please provide the information.
Thank you for your continued consideration of this matter. I look forward to your response.
ANTHONY D. WEINER
Member of Congress