In his letter to President Barack Obama, former Deputy Attorney General Phillip Heymann is the first US Official to state unequivocally that he has reviewed the complete record and found no evidence that Pollard did damage to the US or helped its enemies. Pollard was charged with one count of passing classified information to an ally "with no intent to harm the US." "No intent to harm the US" is legalese that means that there was no evidence that damage was done. Nevertheless, for years American officials claimed in the media that Pollards actions caused damage to the US. Heymann confirms that the official record contains no evidence to support the claim.
H A R V A R D L A W S C H O O L
Phillip B. Heymann
James Barr Ames Professor of Law
Director of Center for International
25 January 2011
Dear Mr. President,
Having reviewed the Pollard file at length as former Deputy Attorney General in 1993-94, I enthusiastically join the many distinguished others who are now urging you to commute the sentence of Jonathan Pollard. Like Jim Woolsey and Dennis Deconcini, I know the record and fully share their conclusions. Like Secretary of State George Shultz, I particularly admire the precise statement of the issues by former Attorney General Mukasey.
Pollard's conviction was justified but his sentence was entirely out of line with others engaging in similar behavior and it was made less-than-legitimate by a treacherous recommendation of the then Secretary of Defense. There is no evidence that Pollard intended to harm the United States or help its enemies. Having already served a severe sentence, Pollard is now supported by political and religious leaders across the political spectrum in seeking a commutation. I join them with deep conviction as to the justice of their shared cause.
Phillip B. Heymann