US denies Pollard's attorney his file

January 22, 1999 - Batsheva Tsur - The Jerusalem Post

The US Justice Department has turned down a request from the lawyer representing Jonathan Pollard to see the file on the convicted spy, The Jerusalem Post has learned.

Writing on behalf of Attorney-General Janet Reno, legal counsel Craig Iscoe told Jerusalem lawyer Larry Dub that the Justice Department does not give out copies of recommendations it makes to the US president.

The reference was to Reno's recent appraisal of the Pollard case presented to President Bill Clinton for review.

Dub said yesterday he had requested that Pollard and his attorneys be allowed to see the complete file on the case in order to formulate a defense and present a submission.

"The Justice Department has both actively and passively been responsible for the miscarriage of justice" in the Pollard case, Dub charged yesterday.

"Actively, by consistently denying Pollard and his attorneys access to the documents that would exonerate him of the many false allegations that have been levied against him via the media. Passively, by tolerating the deliberate libeling of his client through the media, and failing to investigate those American officials who deliberately leaked sensitive material to the media in violation of the law."

In a letter to Reno, Dub writes: "As you know, Section 1.5 of the Rules Governing Petitions for Executive Clemency, published by the Justice Department, clearly vests authority in you to allow Mr. Pollard and his attorneys to see the evidence and material in the file in order to serve the ends of justice, and enable us to formulate a proper defense and submission to your agency.

"Accordingly, in the interests of due process, I am hereby requesting that my client and his attorneys be allowed a full review of the complete record in possession of the Justice Department. Only after a full review of the complete file - including sentencing documents and secret charges - can my client formulate a defense and enter a submission."