Disir
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- Sep 30, 2011
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NEW YORK - A three-judge panel of the U.S. Court of Appeals for the Second Circuit in Manhattan heard oral arguments on Wednesday, as they weighed Jonathan Pollard’s appeal of a lower-court judge’s rejection of his habeus corpus petition seeking the removal of broad and severe parole restrictions.
Pollard, who was released from prison last November after serving an unprecedented 30 years for passing classified information to an ally, Israel, is currently required to wear a GPS monitoring system that consists of a non-removable transmitter installed on his wrist, and a receiver that is plugged into an outlet in his Manhattan residence. Whenever he moves outside the range of the receiver, the transmitter — which is three inches long and two inches wide — acts as a GPS tracker and monitors his location. Were Pollard to step out of his tiny studio apartment to daven with a minyan or get some fresh air on Shabbos or Yom Tov, the battery would begin to drain, forcing him to choose between violating Shabbos or facing re-arrest.
The parole restrictions also include a “curfew” that puts him under house arrest between 7:00 p.m. and 7:00 a.m. During the daytime, he is only permitted to travel in parts of Manhattan, and is even prohibited from visiting nearby Brooklyn. The restrictions also include the unfettered monitoring and inspection of his computers, as well as those of any employer who chooses to hire him, which has prevented him from being able to gain employment.
At oral arguments Wednesday before Judges Reena Raggi, Susan L. Carney and Lewis A. Kaplan, Lauer argued that Pollard does not retain in his head any classified information that is still relevant more than 30 years later. Moreover, even in briefs submitted to the court by the intelligence community, the government has never specified any sort of information or details that Pollard may remember all these decades later.
In response to a judge’s question that the burden of proof should be on Pollard rather than on the government, Lauer replied that the Parole Commission has the obligation to substantiate its claim.
In what some observers considered to be a bombshell, for the first time since his arrest more than thirty years ago an attorney representing Pollard revealed in open court an actual example of the material he passed to the Israelis.
Appellate Court Hears Oral Arguments in Pollard Case - Hamodia Jewish Community News
I think this is a bit of stretch to expect photographic memory.
Pollard, who was released from prison last November after serving an unprecedented 30 years for passing classified information to an ally, Israel, is currently required to wear a GPS monitoring system that consists of a non-removable transmitter installed on his wrist, and a receiver that is plugged into an outlet in his Manhattan residence. Whenever he moves outside the range of the receiver, the transmitter — which is three inches long and two inches wide — acts as a GPS tracker and monitors his location. Were Pollard to step out of his tiny studio apartment to daven with a minyan or get some fresh air on Shabbos or Yom Tov, the battery would begin to drain, forcing him to choose between violating Shabbos or facing re-arrest.
The parole restrictions also include a “curfew” that puts him under house arrest between 7:00 p.m. and 7:00 a.m. During the daytime, he is only permitted to travel in parts of Manhattan, and is even prohibited from visiting nearby Brooklyn. The restrictions also include the unfettered monitoring and inspection of his computers, as well as those of any employer who chooses to hire him, which has prevented him from being able to gain employment.
At oral arguments Wednesday before Judges Reena Raggi, Susan L. Carney and Lewis A. Kaplan, Lauer argued that Pollard does not retain in his head any classified information that is still relevant more than 30 years later. Moreover, even in briefs submitted to the court by the intelligence community, the government has never specified any sort of information or details that Pollard may remember all these decades later.
In response to a judge’s question that the burden of proof should be on Pollard rather than on the government, Lauer replied that the Parole Commission has the obligation to substantiate its claim.
In what some observers considered to be a bombshell, for the first time since his arrest more than thirty years ago an attorney representing Pollard revealed in open court an actual example of the material he passed to the Israelis.
Appellate Court Hears Oral Arguments in Pollard Case - Hamodia Jewish Community News
I think this is a bit of stretch to expect photographic memory.
