AFFIDAVIT OF ALAN M. DERSHOWITZ
AFFIDAVIT OF ALAN M. DERSHOWITZ
MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF MOTION TO WITHDRAW GUILTY PLEA
OF JONATHAN JAY POLLARD
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
United States of America
Jonathan J. Pollard
Criminal No. 86-0207(AER)
- My name is ALAN M. DERSHOWITZ. I am a Professor of Law at Harvard Law School.
I serve as one of the lawyers for Jonathan J. Pollard. During the 1963 - 1964 Supreme Court term, I was a law clerk to Mr. Justice Arthur Goldberg. Between that time and his death, I remained a close friend and associate of Mr. Justice Goldberg. We worked together on many projects, spoke and met frequently, and jointly authored articles and proposals.
- Following the publication of the a letter to the Jerusalem Post, on September 12, 1989, I spoke to Justice Goldberg an the telephone about the sentence imposed on Jonathan
Pollard. I promised to send him some comparative sentencing data. Justice Goldberg promised to make some inquiries on his own regarding the sentence.
- Subsequent to this conversation, Justice Goldberg called me to tell me that he had personally met with Judge Aubrey Robinson and discussed the Pollard sentence with him. Justice Goldberg told me that Judge Robinson had told him that he (Judge Robinson) had been provided by the government with evidence that Jonathan Pollard had given Israel American satellite photographs proving that Israel had tested Jericho missiles in South Africa and had provided South Africa with missile and nuclear technology. Justice Goldberg told me further that Judge Robinson was particularly outraged by the Israel-South Africa connection and Pollard's role in providing Israel with evidence that the United States had satellite evidence of it. Justice Goldberg told me that he understood why Judge Robinson, as a Black man, would be particularly sensitive to this evidence.
Justice Goldberg told me that Judge Robinson had told him that Pollard-South African connection had weighed heavily in his (Judge Robinson's) decision to impose a life sentence. I told Justice Goldberg that I did not believe that Jonathan Pollard had provided Israel with any such satellite information, but that I would check.
- I immediately called Hamilton Fox and Nathan Dershowitz and told them of my conversation with Justice Goldberg. Fox said he would check with Jonathan Pollard and his earlier attorney, Richard A. Hibey concerning the truth or falsity of the evidence provided to Judge Robinson.
- After being assured by Fox that there was no truth whatsoever in the claim that Jonathan Pollard had provided satellite photographs or information to Israel about South Africa, Jericho missiles or nuclear technology, I wrote Justice Goldberg the attached letter (Attachment A).
- On January 15, 1990 I spoke with Justice Goldberg on the phone. He was quite upset at the content of my letter and promised to get to the bottom of it. He told me that he would phone Attorney General Thornburgh for a meeting to discuss this issue and the sentence. He told me that if my facts were correct, then the Justice Department had improperly "pandered" [that was his precise word) to Judge Robinson's racial sensitivities as a Black judge by providing him with false, inflammatory, ex parte information.
- On Friday morning January 19, 1990, I learned from Robert Goldberg that his father, Justice Arthur Goldberg, had died in his sleep during the night.
I declare under penalty of perjury that the foregoing is true and correct to the best of my information, knowledge and belief.
Alan M. Dershowitz
March 27, 1990
• Memorandum in Support of Motion to Withdraw Guilty Plea
• Letter to Justice Goldberg - Attachment A
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