Exhibit A: The Macisso Letter - August 3, 2001

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 A is a copy of a letter dated August 3, 2001 from Court Security Officer Michael Macisso to Eliot Lauer, with a copy to Chief Judge Norma Holloway Johnson (the "Macisso Letter"). The Macisso Letter arrived by mail at the offices of Curtis, Mallet-Prevost, Colt & Mosle LLP on August 7, 2001.

The Macisso Letter was the result of a series of letters between the Department of Justice, on the one hand, and Congressman Anthony D. Weiner and counsel for Jonathan Pollard, on the other hand. The sequence of letters which led up to the Macisso Letter, the prior letters are posted separately as Exhibits B through E.

U.S. Department of Justice
Washington DC 20530

August 3, 2001

Eliot Lauer
Curtis, Mallet-Prevost, Colt & Mosle
101 Park Avenue
New York, Ny 10178-0061

Dear Mr. Lauer

This is a response to your letter of May 15, 2001, regarding the classification level of various documents in the United States v. Jonathan Pollard litigation. Your letter included a copy of a letter dated May 7, 2001 from Sheryl L. Walter, Acting Assistant Attorney General to U.S. Congressman Anthony D. Weiner. To reiterate Ms. Walter's statement, the classified portions of the record in this case are classified up to and including Top Secret/ Sensitive Compartmented Information (SCI).

You and your co-counsel, Jacques Semmelman were processed for security clearances following approval from an Associate Deputy Attorney General. You were subsequently provided a Top Secret security indoctrination briefing. However you were never advised that you possessed the appropriate level of clearance to gain access to the classified documents in the Pollard case.

Even though your background investigations will support SCI access, there are other criteria which must be met, including an SCI indoctrination briefing and a "need to know" determination from the Court or the government. Chief judge Norma Holloway Johnson's Memorandum Order filed January 12, 2001 states that you have "not demonstrated "a need to know" the contents of the classified materials." Absent a "need to know" ruling from the Court or the govenment, the Department of Justice will not be able to upgrade your clearance level or to provide you with access to the material.

Sincerely,
(signed)
Michael P. Macisso
Court Security Officer

cc Chief Judge Norma Holloway Johnson

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