Understanding The New Pollard Legal Case
Justice4JP Release - October 2, 2000
The goal of the new Pollard legal case is to force the truth out into
the light for the first time. The case deals with straight
constitutional law, not legal loopholes.
The new Pollard legal documents reveal a tale of government misconduct,
lies, false allegations and breaches of the plea agreement, inexplicably
facilitated by a high-profile Washington defense attorney who failed to
perform at the most minimal level of competence to defend his client's
constitutional rights to due process.
The documents show how Jonathan Pollard's situation deteriorates even
further when a second high-profile Washington attorney takes over from
the first one and has to choose between protecting his predecessor's
reputation or saving his client. He chooses to cover for his colleague's
failures and mounts an appeal for Jonathan that is doomed to failure
from the outset.
For reasons that are termed "inexplicable", the Israeli-paid former
defense attorneys allowed a situation to be created which set Jonathan
up, and permitted the government to continue its lies and misconduct
with impunity for the next 13 years. Everyone knew exactly what was
happening but they all kept their mouths shut, all looked the other way.
Pollard's attorneys have also requested that the secret files on the
case be declassified and made public. Once that occurs it will be
obvious that the Government has been lying about the Pollard case for 15
years, and hiding behind a veil of secrecy to obscure that fact.
But even without the secret files, the new case reveals violations of
Jonathan's constitutional rights to due process that have been so
egregious, so repeated, and so prolonged, that justice can no longer be
In a nutshell, Jonathan Pollard received a life sentence based on
government lies and false allegations that to this day, he has never
been able to challenge in a court of law. To quote his new legal case:
"[Jonathan Pollard] was sentenced to life in prison because his
attorney failed to protect his most basic constitutional rights at
sentencing. Those rights included the constitutional right not to be
sentenced on the basis of false or incorrect government allegations.
Those rights also included the constitutional right to have the U.S.
government honor the terms of a plea agreement. Pollard's attorney
failed to protect those rights."
The legal document goes on to say:
"Perhaps most egregiously, Pollard's attorney never even filed a Notice of
Appeal from his client's life sentence, and never informed Pollard that if he wished to
appeal, he had to file a Notice of Appeal within ten days. By those omissions, the
attorney deprived Pollard of direct judicial review of the life sentence
and of the constitutionally defective process that led to it. After
having failed to represent his client effectively at sentencing, and
with his client sentenced to life in prison and locked incommunicado in
a ward reserved for the criminally insane, Pollard's attorney sealed his
client's fate by not even bothering to file a Notice of Appeal so that
the Court of Appeals could review the life sentence. In sum, Pollard was
deprived of effective assistance of counsel in fundamental and serious
ways. His sentence of life in prison was a result of that ineffective
Justice4JP urges that everyone read the legal documents, located on the new Court Case 2000 Page. This page features a collection of legal communications and updates by Jonathan Pollard's attorneys, Eliot Lauer and Jacques
Semmelman of Curtis, Mallet-Prevost, Colt & Mosle LLP (Park Avenue, New York).
Court Case 2000 Page