January 20, 1999
Dear Ms. Reno:
Re: Justice Dept. Fax of January 19, 1999
I would like to respond to a fax received today from Mr. Craig Iscoe, in which he states that your department would be willing to receive a
submission on behalf of my client, Jonathan Pollard, whose request for
executive clemency is currently before the President.
As you know, Section 1.5 of the Rules Governing Petitions For
Executive Clemency, published by the Justice Department, clearly vests
authority in you to allow Mr. Pollard and his attorneys to see the
evidence and material in the file in order to serve the ends of
justice, and enable us to formulate a proper defense and submission to
Accordingly, in the interests of due process, I am hereby requesting that my client and his attorneys be allowed a full review of the
complete record in possession of the Justice Department. Only after a
full review of the complete file -including sentencing documents and
secret charges - can my client formulate a defense and enter a
From the time the Justice Department indicted my client until today,
the Department has consistently denied my client and his counsel access
to those documents that would clearly exonerate him of the false
charges that are now being presented as fact in the media. Moreover,
the Department itself has failed to correct the record, even though it
is fully aware of the truth.
By tolerating numerous vicious and false media "leaks" and making no
attempt to investigate and prosecute those American officials
responsible for disclosing sensitive material to the media in violation
of the law, the Department of Justice has in essence been complicit with those who slander and libel my client.
Surely the Justice Department is cognizant of the fact that the false allegations in the media could not possibly be true. The Department
knows, my client did NOT have the clearances, training, access or the
time to do all of these things.
My client is being blamed for those crimes - previously unsolved - which
it is now known were committed by Aldrich Ames, David Boone and Ronald
Pelton and perhaps a number of others who, unlike these three, haven't
been caught yet. This is reminiscent of the infamous Dreyfus case in
France, where even after Esterhazy - the true culprit - had been caught,
they still refused to release Dreyfus.
Human rights activist and McGill Professor of Law, Irwin Cotler - who
also defended Nelson Mandela, Jacobo Timmmerman and Andre Sakharov - in
a recent article concluded:
Accordingly, I reiterate my request to you to have full access to the
record in your possession regarding my client and to fully review it in
order to make an honest , fair, and adequate submission on his behalf.
I look forward to your response.
cc Mr. Craig Iscoe Esq.
Mr. Charles Ruff Esq.