Notes on Prison Transfer and Jonathan Pollard
December 21, 1999
- The U.S.
Prison Transfer Treaty allows eligible offenders to be returned to their homeland to serve the balance of their sentence.
- The Treaty is governed by a set of
legally binding rules and regulations that have been meticulously written to
prevent it from being used as a revolving door by other countries.
- A foreign national - even one with dual citizenship - who is transferred to his homeland, remains
subject to American law exclusively with regard to length of sentence, conditions of incarceration, and parole.
- The Treaty requires that
any change in the prisoner's sentence, status, or the length of his incarceration
can only be made by the American Justice Department.
- Under the Treaty, the same American government agencies that insist that Jonathan Pollard can never ever be set free from prison would be the
only ones with the authority to release him in Israel.
Consequently, this is the best way to keep Jonathan Pollard in prison, not get him out.
- Moreover, prison records state that the Justice Department has already formally ruled that
Jonathan Pollard is not eligible for a prison transfer to Israel.
- In light of the above, if the goal is to release Pollard, a prison transfer is not the appropriate means to accomplish this.
- Indeed, it would be easier for Mr. Clinton to exercise his
constitutional powers to commute Jonathan Pollard's sentence than it would be for him to renegotiate the whole Treaty.
- Clinton can free Pollard instantly, if he wants to.
Just ask the FALN terrorists...