Legal Doc: Reply Memorandum Of Law

Defendant Jonathan J. Pollard, by his undersigned attorneys, respectfully submits this motion to enlarge the scope of his pending "Motion for Modification of the Court's January 12, 2001 Memorandum Order Based Upon the Government's August 3, 2001 Letter," filed August 16, 2001 (the "Motion for Modification").

The basis for the present Motion is a disclosure made by the Government in a letter written by Assistant Attorney General Daniel J. Bryant to Congressman Anthony Weiner (the "Bryant Letter"), after the Motion for Modification was filed. A copy of the Bryant Letter is submitted herewith as Exhibit A.

The Bryant Letter makes the important admission that between November 19, 1993 and January 12, 2001 the Department of Justice authorized access to the sealed docket materials in the Court's docket (the subject of the Court's January 12, 2001 Memorandum Order and the pending Motion for Modification) on 25 occasions. This means that, on each of those 25 occasions, the Department of Justice unilaterally determined that someone within the Government had a "need to know" the contents of the sealed docket materials. In our reply to the Motion for Modification being filed simultaneously herewith, we argue that the Bryant Letter presents an additional ground for granting the Motion for Modification.

To summarize the salient procedural history, on August 16, 2001 we filed the Motion for Modification. Initially, the Government did not respond. We awaited a ruling from Judge Johnson, and eventually learned that for a time Judge Johnson was away from the bench for medical reasons.

On February 8, 2002, this Court sua sponte issued an Order directing the Government to respond to the Motion for Modification (and another long-pending unanswered motion) within 60 days. On March 4, 2002, by direction of the Calendar Committee, the case was formally reassigned from Judge Johnson to this Court. On April 9, 2002, the Government served its Opposition to the Motion for Modification. Our reply, due May 9, 2002, is being filed contemporaneously with this Motion.

Because the Bryant Letter post-dates our Motion for Modification, we make this Motion to enlarge the scope of the Motion for Modification to include the evidence and argument based upon the Bryant Letter. We acknowledge that, in response to this Motion, the Government should be entitled to serve a response to our substantive arguments based upon the Bryant Letter, which are set forth in our reply papers in support of our Motion for Modification. We also ask that the Court consolidate this Motion with the Motion for Modification.

In light of our simultaneous submission of a lengthy Reply Memorandum of Law in support of our Motion for Modification, in which we address the relevance and significance of the Bryant Letter, we respectfully request that the requirement in the Local Rules of filing a separate memorandum of law in support of this Motion be waived.

Dated: May 9, 2002

Respectfully submitted,

CURTIS, MALLET-PREVOST,
COLT & MOSLE LLP

________________________________________
Eliot Lauer (D.C. Bar No. 203786)

________________________________________
Jacques Semmelman (Admitted pro hac vice)

1200 New Hampshire Avenue, N.W.
Suite 430
Washington, D.C. 20036
(202) 452-7373 Fax (202) 452-7333

-and-

101 Park Avenue
New York, New York 10178-0061
(212) 696-6000 Fax (212) 697-1559

Attorneys for Jonathan Jay Pollard

Upon consideration of Defendant's Motion to Enlarge Scope of His Pending Motion for Modification Filed August 16, 2001, Based Upon Evidence Uncovered After that Date, and good cause having been shown, it is by the Court this ____ day of ____________, 2002,

ORDERED, that the Motion is granted, and it is further

ORDERED, that the Motion is consolidated with the pending Motion for Modification of the Court's January 12, 2001 Memorandum Order Based Upon the Government's August 3, 2001 Letter, and it is further

ORDERED, that the requirement in the Local Rules of filing a memorandum of law is waived.

Dated: ________________, 2002

_____________________________________
CHIEF UNITED STATES DISTRICT JUDGE
DISTRICT OF COLUMBIA

EXHIBIT A

CERTIFICATE OF SERVICE

BAIRBRE KENNEDY certifies as follows under penalty of perjury:

On May 9, 2002, I caused to be served by hand delivery true copies of the foregoing Defendant's Motion to Enlarge Scope of His Pending Motion for Modification Filed August 16, 2001, Based Upon Evidence Uncovered After that Date, and proposed Order, on

Steven Pelak, Esq.
Office of the United States Attorney
555 Fourth Street, N.W.
Washington, D.C. 20001

_____________________________________
Bairbre Kennedy

See Also:

• May 9: Legal Doc: Reply Memo in Support of Motion for Modification of Jan. 2001 Order, Based on Government's Aug. 2001 Letter
• May 9: Legal Doc: Reply Affidavit in Support of Motion for Modification
• May 9: Legal Doc: Reply Memo in Support of Motion for Reconsideration of August 2001 Order, or for Issuance of Certificate of Appealability
• May 9: Legal Doc: Government's Response to Pollard's Second Motion

• The Court Case Page
• The Legal Texts Page