The striking new CIA disclosures that Jonathan Pollard, did not transmit information about the United States to Israel reaffirms that there is no justification for his continued incarceration after 28 years in prison. Unfortunately, the new CIA disclosures do not provide a legal basis for reopening his court case.
The striking new CIA disclosures that my husband, Jonathan Pollard, did not transmit information about the United States to Israel reaffirms that there is no justification for his continued incarceration after 28 years in prison. Unfortunately, the new CIA disclosures do not provide a legal basis for reopening his court case.
Contrary to popular misconception, the US does not permit prisoners an endless number of appeals. The legal remedies available to a prisoner are severely restricted. Jonathan has used up all of his.
Some background to understanding Jonathan's Catch-22 dilemma: First of all, as unbelievable as it seems, Jonathan has never been allowed a direct appeal of his life sentence in a court of law. His own attorney deprived him of that right.
Jonathan pleaded guilty, cooperated fully (which the recent CIA disclosure acknowledges) and had a plea agreement in which the US government agreed not to ask for a life sentence. Nevertheless, in breach of the agreement, the government asked for a life sentence. Jonathan's then-lawyer did nothing to protest, allowing the judge to grant the government's request and Jonathan was sentenced to life in prison.
Jonathan's lawyer then compounded the disaster by failing to file a one-page notice of appeal within ten days. At that time, Jonathan was being held incommunicado and he had no way of knowing that his attorney was discarding his rights. Consequently, the attorney's failure to file deprived my husband forever of the right to any direct appellate review of his life sentence.
The only challenge to the sentence that remained available under American law was a collateral attack called habeas corpus, which imposes a much higher burden of proof on the prisoner than would a direct appeal. In 1990, Jonathan obtained a different lawyer who filed a habeas corpus petition with the court.
In 1992, the Court of Appeals, in a two-to-one decision, denied Jonathan's habeas corpus petition. Two justices ruled that he had not met the higher burden of proof required as a result of his original lawyer's foul-up. This amounts to being told, "Tough luck, Buddy. Stay in jail for the rest of your life because your original lawyer did not protect your right to appeal!" One conscientious judge disagreed with the majority, writing that Jonathan's life sentence represented a "fundamental miscarriage of justice" requiring relief. This dissenting judge said that the government's breach of the plea agreement was sufficient reason for Jonathan's sentence to be vacated, even under the higher standard that applies to habeas corpus review.
Elliot Lauer and Jacques Semmelman of Curtis, Mallet-Prevost, Colt & Mosle LLP became Jonathan Pollard's pro bono attorneys in May 2000. An executive summary on the Justice for Jonathan Pollard website provides an overview of the legal initiatives undertaken by Lauer and Semmelman, between 2000 and 2006.
Despite the intensive efforts of Jonathan's dynamic new legal team, the American justice system denied their new habeas corpus petition which sought to bring the case back to court on the ground of ineffective assistance by the original lawyer. The courts denied the petition on the basis of the statute of limitations, which had long since elapsed as Jonathan sat in jail, unaware of these legal niceties.
When all legal remedies in the Court of Appeals had been exhausted, the attorneys petitioned the US Supreme Court, which also refused to hear the case. To this very day, the merits of Jonathan's case have never been heard in a US court of law. Unfortunately, nothing in the new CIA revelations makes any difference to the Catch-22 rule that Jonathan has used up all of his legal appeals.
Even if Caspar Weinberger himself were to return from the grave today, offering to testify that the US government deliberately hijacked the legal process which resulted in my husband's life sentence, Jonathan would not be permitted to bring the case back to court for Weinberger to testify. No more legal appeals means exactly that.
Neither is parole a viable option. As Jonathan's attorneys have repeatedly explained: "Applying for parole is not an option for Mr. Pollard, because of a severe impediment which has been unilaterally imposed by the Department of Justice (DOJ). The DOJ has refused to allow Mr. Pollard's current attorneys, Eliot Lauer and Jacques Semmelman (both of whom have the appropriate Top Secret/SCI-eligible security clearances), from seeing the documents that were submitted to the sentencing judge prior to Mr. Pollard's sentencing in 1987. Although Mr. Pollard's lawyers have a clear 'need to know,' the DOJ has refused to allow them to see their client's entire court file, which is partly under seal. Without access to that file, persons opposed to parole know that they have free reign to say absolutely anything about Mr. Pollard without any risk that they will be contradicted by the documents."
Nor is there an "automatic release" date for Jonathan on November 21, 2015.
This too is a popular misconception. The 2015 date, which appears on the Bureau of Prisons' website, marks the 30th anniversary of Jonathan's arrest.
It is not a release date, but a time at which Jonathan can request parole.
The US government will still be able to hide behind a veil of secrecy and vigorously oppose parole at that time. The only option remaining is presidential commutation to time served.
The newly declassified 1987 CIA damage assessment puts the lie to American allegations that have been used for over a quarter of a century to justify Jonathan's continued incarceration. A second government damage assessment by the Justice Department (the1987 Victim Impact Statement), now public record, forever lays to rest the falsehood that Jonathan damaged US national security. By any standard of fairness, the only conclusion that can be drawn from the combined weight of both government damage assessments is that Jonathan should not have to remain in prison a second longer.
While this travesty of justice may not have originated on President Barack Obama's watch, it has been fully revealed under his tenure. It is precisely for cases like this, where the US justice system is unwilling or unable to correct itself that the American Constitution grants the president virtually unlimited powers of clemency. Justice requires that Obama use his powers of executive clemency to release Jonathan Pollard now.
Esther Pollard First Published in The Jerusalem Post December 28, 2012
Article courtesy of Yehudit Katsover and Nadia Matar
This conviction is revealed by the fact that 76% of Israeli Jews want Israel to permanently retain sole responsibility for security in all of Judea and Samaria. Eighty-eight percent say that Israel must permanently control the territory bordering Ben-Gurion Airport. Eighty-one percent insist that Israel must permanently control the land that bordering the Tel-Aviv-Jerusalem highway Route 443.
“Occupier” is a legal term that does not apply to Israel. Israel’s legal title and rights to its present territory were established in the San Remo resolution, an agreement adopted by victorious Allied Powers after World War I, confirmed by the League of Nations, and incorporated into the U.N. charter. None of the Jewish people’s rights to live, emigrate to and settle the land of Israel have ever been revoked, nullified or superseded by a subsequent act of international law.
Both of them understand what Sima Kadmon wrote in her latest political column: “After all, Religious Zionists are a bunch of suckers, you’ve been treading on them for four years, and a month before the election, you suck up to them and the voters come storming in droves.” So right. So true. So sad.
While Minister Lieberman speaks of 2.7 million Arab Palestinians in Judea and Samaria, the actual data that has been validated by senior demographers is that there are 1.8 million Arab Palestinians, and this figure has been trending continually downward for the past twenty years along with the most rapid westernization of any other area.
So there you have it. The Patriarch Joseph was born in 1683BC. He was set over the Kingdom of Egypt in 1656BC. The Israelite Sojourn in Egypt commenced in 1648BC. Joseph died in 1582BC. The Hyksos were expelled in 1554BC. Moses was born in 1523BC.The Exodus commenced in 1449BC. The Israelites entered Caanan in 1412BC and 480 years later in the 4th year of Solomon the first temple commenced construction in 970 BC.
I am going to make some statements about the USA as might be found in the newspaper of a mythical communist country called, ‘The Democratic Marxist Republic of Californication.’ In doing so, I am going to be making statements that a casual world news observer or internet savvy foreigner might actually consider to be factual based on extensive exposure to western media.
Disciplining yourself to pay attention to the actual words used and the actual meaning of the sentence is very important, especially so since so much of what purports to be news is little more than the writer’s opinion about the facts of the news. Unfortunately, people easily succumb to emotive language such as ‘Donald Trump demonstrates his stupidity again!’ Such a headline is designed to reinforce in the minds of those who don’t like Trump, that he is an idiot. Another thing of which to be careful when reading is the inclination to ‘interpret’ what we read within the context of our religious, cultural and political worldviews.
When you stand to speak you are doing more than reciting words. You are in fact engaged in communicating with an audience your opinions, ideas, feelings, passions and/or knowledge on a subject. They expect you to express yourself with feeling and passion and to actually know what you are talking about. Therefore it is essential that you KNOW what you are talking about – and – show the appropriate body language, gestures, actions and emotions associated with your topic.
The kids used to turn up repeatedly throughout the day just to look at the foreigner, touch him, feel the hair on his (the monkey’s) arms and generally just gawk. China has changed a lot over the years but there have been times when a foreigner in a small town or village would attract huge crowds. Sometimes people would be known to suddenly come upon you, look up at your face and just plain scream! I’m not joking!
Where were these PC (expletive) when I and others were writing years ago about the Syrian crisis? Did they care about the Syrian people? No they didn’t! Do these same sociopathic western political activists who would call me a racist support Muslim and other cultures similar practices such as female circumcision? – polygamy? – arranged marriages? No they don’t! They outlaw it! So don’t talk to me about how I am a racist!
Since 2004 he has been writing academic articles, social commentaries and photographic 'Stories from China' both here at KingsCalendar, and formerly as a contributing columnist at Magic City Morning Star News (Maine USA) where from 2009 to 2015 he was Stand-in Editor. He currently has a column at iPatriot.com and teaches English to Business English and Flight Attendant College Students in Suzhou City Jiangsu Province People's Republic of China.)
BenDedek originally created the site to publicize his research results into the Chronology of Ancient Israel. Those results were published under the title: 'The King's Calendar: The Secret of Qumran.' Whilst there have been many attempts to solve the chronological riddle of the Bible's synchronisms of reigns of the kings of Israel and Judah and their synchronism with other Ancient Near Eastern Nations, no other research is based on a simple mathematical formula which could, if it is incorrect, be disproved easily. To date, no one has been able to dismiss the mathematical results of this research.
Free to air Academic articles set forth Apologetics for and results of his discovery of an "artificial chronological scheme" running through the Bible, Josephus, the Damascus Documents of the Dead Sea Scrolls, and Seder Olam Rabbah. Check the Chapter Precis Page to see details of each chapter and to gain access to the Four Free to Air Chapters
(The Download book does not contain a section on Seder Olam)
Definition: King's Calendar Chronological Research
The Premise: Between the 5th and 3rd centuries BCE (but continuing down to at least 104 BCE), Sectarian redactors transcribed the legitimate 'solar year' chronological records of Israel and Judah, into an artificial form, with listed years as each comprised of 12 months of 4 weeks of 7 days, or 336 days per year, thus creating a 13th artificial year where 12 solar years existed.
When the Synchronous Chronological Data provided in the Books of Kings and Chronicles for the Divided Kingdom Period are measured in years of 336 days, the synchronisms actually align. [Refer to Appendix 5. to see how it synchronises the Divided Kingdom Period]