Pollard restrictions ‘vindictive and retaliatory,’ his lawyers claim

US Parole Commission fails to prove former spy continues to carry classified information, says attorneys

Jonathan Pollard, the American convicted of spying for Israel, leaves a New York courthouse following his release from prison after 30 years, on November 20, 2015 in New York. (Spencer Platt/Getty Images/AFP)
Jonathan Pollard, the American convicted of spying for Israel, leaves a New York courthouse following his release from prison after 30 years, on November 20, 2015 in New York. (Spencer Platt/Getty Images/AFP)

The strict parole restrictions placed on Jonathan Pollard are “vindictive and retaliatory,” his attorneys said in a brief filed with a US federal court.

According to the brief filed Thursday with the District Court for the Southern District of New York, the US Parole Commission failed to prove that Pollard continues to carry classified information in his head 31 years after he was jailed for passing classified documents to Israel while working as a civilian employee of the US Navy.

A court filing on behalf of the Office of the Director of National Intelligence in June said the US intelligence community favors continued restrictions on Pollard, arguing he could still damage US interests by revealing methods and identifying characteristics of US assets.

The Parole Commission’s decision not to file any of its documents on a classified basis “also demonstrates that the only reason it imposed the onerous Special Conditions on Mr. Pollard is out of a vindictive and retaliatory motivation to punish Mr. Pollard for voicing his desire to live lawfully in Israel upon his release after 30 years in prison,” the Pollard brief reads. “Retaliation is not, however, a rational or lawful basis for special conditions of parole.”

In this still image from video provided by WCBS-TV, convicted spy Jonathan Pollard, left, arrives at a federal courthouse in New York with his wife, Esther, to check in at a probation office just hours after he was released from prison on Friday, Nov. 20, 2015. (Ilana Gold/WCBS-TV via AP)
In this still image from video provided by WCBS-TV, convicted spy Jonathan Pollard, left, arrives at a federal courthouse in New York with his wife, Esther, to check in at a probation office just hours after he was released from prison on Friday, Nov. 20, 2015. (Ilana Gold/WCBS-TV via AP)

The brief also addresses each of the special conditions and explains why they are not warranted.

Oral arguments on the case to remove the restrictive parole restrictions during Pollard’s five-year parole will be heard in US District Court on July 22.

The conditions include wearing an electronic ankle bracelet with GPS tracking and surveillance of his and any employer’s computers. He also is confined to his New York home between 7 p.m. and 7 a.m. — a condition, Pollard’s attorneys argue, that has precluded him from holding a job.

Pollard also is not permitted to join his wife, Esther, whom he married while he was in prison, in Israel. He is restricted in his computer and internet use, which has prevented him from accepting a job offer to become a senior analyst at a financial firm, according to his attorneys.

Pollard was released from jail in November on mandatory parole after serving 30 years of a life sentence. He reportedly was a model prisoner.

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