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...
See also: