Attorneys Ask NY Daily News for Apology and Retraction

December 3, 2001

BY FAX

Ms. Karen Hunter
New York Daily News
450 West 33rd Street
New York, NY 10001

Re: Jonathan Pollard

Dear Ms. Hunter:

We are attorneys for Jonathan Pollard.

In "Rev. Al to Fight for Pollard?" (City Beat, Nov. 27), you wrote, in a bold-face sub-heading, that Mr. Pollard's "Spying Led to U.S. Deaths." That is false. Mr. Pollard never identified U.S. agents, and there is no evidence whatsoever that any U.S. agent died as a result of information delivered by Mr. Pollard to the State of Israel.

Last year, former prosecutor Joseph diGenova told NBC's Tim Russert that Mr. Pollard had identified U.S. "agents in the field." When we demanded evidence of that, Mr. diGenova candidly conceded to us in writing that this was merely his "opinion." We are prepared to show you the correspondence if you wish to see it.

As a journalist, you have a responsibility to be accurate. Propagating factual misstatements about Mr. Pollard does a disservice to your readers, who are entitled to know the truth.

Mr. Pollard's sentencing proceeding was infected with falsehood and distortion, as well as with other fundamental defects, for which we are seeking redress in the United States District Court. Because fact and not fiction, and truth and not distortion, are essential to correcting the injustice to Mr. Pollard, your deviation from the truth is very troubling.

We call your attention to our letter to the editor which appeared on December 3, 2001. While publication of the letter is a helpful first step toward remedying the harm caused by your column, we believe that, as the author of the column, you should issue a public apology and an express retraction of the accusation that Mr. Pollard's "Spying Led to U.S. Deaths."

We would welcome the opportunity to meet with you to discuss the Pollard case. We look forward to hearing from you.

Very truly yours,

Eliot Lauer
Jacques Semmelman


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