Supplemental AffidavitRe: Gov't Refusal to Unseal Record

STATE OF NEW YORK
ss.:
COUNTY OF NEW YORK

ELIOT LAUER. being duly sworn, deposes and says:

1. I submit this Supplemental Affidavit in further support of the Defendant's Emergency Motion to Add to List of Defense Counsel Authorized to Access Sealed Docket Materials Pursuant to Protective Order.

2. An article that appeared in the New York Times December 13, 2000, further underscores my need to see the classified docket materials on an urgent basis. A copy of the article is annexed hereto as Exhibit J.

3. The article reports on the pending request for clemency. Referring to prior clemency applications, the article states that "[l]aw enforcement and intelligence agencies have vigorously opposed such a step, saying that Mr. Pollard's crimes were far too serious to provide any basis for clemency. Each time, faced with unequivocal opposition, Mr. Clinton has backed away from the case." (Ex. J at col. 3)

4. The article also quotes Mr. diGenova as saying "It is absolutely indefensible from either a legal or humanitarian standpoint to grant clemency to this American citizen who had done the gravest kind of damage to the United States." (Ex. J at col. 3)

5. Remarks of this kind are precisely what necessitates my access to the sealed court docket. As Mr. diGenova himself stated in his September 20, 2000 letter to us (Ex. C), "the classified damage assessment might help you and the public appreciate the gravity of Mr. Pollard's offenses and the rationale for his sentence. I hope you will seek its declassification or, in the alternative, seek appropriate security clearances and read the classified damage assessment." (Ex. C at p. 2)

6. In his September 20, 2000 letter, Mr. diGenova also admitted that a statement he had made about Pollard to Tim Russert of NBC, which Mr. Russert had repeated on Meet the Press as if it were fact, was not fact but "my professional opinion . . ." (Ex. C at p. 1) (emphasis in original).

7. What we seek is the facts. Not opinion, not speculation, and not conclusory characterizations. Just facts.

8. We have shown a "need to know." The Court should grant our motion.

____________________________
Eliot Lauer
D.C. Bar No. 203786

Sworn to before me this 13th day of December, 2000

_____________________
Notary Public

CURTIS, MALLET-PREVOST, COLT & MOSLE LLP
1801 K Street, N.W.
Suite 1205L
Washington, D.C. 20006
(202) 452-7373

-and-

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Attorneys for Jonathan Jay Pollard

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