Exhibit H: Letter from Congressman Weiner to Secretary of Defense Rumsfeld

January 7, 2002

The Honorable Donald H. Rumsfeld
Secretary of Defense
The Pentagon
Washington, D.C. 20301-1000

Dear Secretary Rumsfeld:

I am writing to request access to the classified portions of the court's docket in the case of United States v. Jonathan J. Pollard. Crim. No. 86-0207 (U.S. Dist. Ct., District of Colum.)

As part of my official duties as a Member of Congress and Member of the House Committee on the Judiciary, I have been investigating Mr. Pollard's case. I have received classified briefings facilitated by the Department of Defense Office of Legislative Affairs and the Central Intelligence Agency. I have also thoroughly reviewed the unclassified and redacted portions of the court's docket. While these activities have greatly expanded my knowledge of the Pollard case, to continue my investigations and gain a better understanding of the case I must review the primary source materials that were used to sentence Mr. Pollard.

I understand that the Department of Defense is the original classification authority for five documents in the court's docket that are partially classified:

• Declaration of Secretary of Defense Caspar W. Weinberg, filed with the court Security Officer on January 9, 1987.
• Defendant Jonathan J. Pollard's First Memorandum in Aid of Sentencing (undated).
• Defendant Jonathan J. Pollard's Second Memorandum in Aid of Sentencing, served February 27, 1987.
• Government's Reply to Defendant's Sentencing Memorandum, served March 3, 1987.
• Minutes of sentencing dated March 4, 1987, at p. 57.

Your assistance in arranging an opportunity for me to review these documents is greatly appreciated. Please contact Mr. Brian Miller of my staff at 202-225-6616 to arrange an appropriate time and location.

Thank you in advance for your assistance in this matter. I look forward to your response.

Sincerely,
(signed)

ANTHONY D. WEINER
Member of Congress

cc: Stewart Aly, Assistant General Counsel