NSA Installing Spyware

December 30, 2013

…h/t @NotALemming computer hacking is reportedly done with the cooperation of the FBI and CIA….

From Forbes:
According to the report, this operation is carried out by the NSA’s elite hacking unit, or TAO—not to be confused with the much less imposing Taoism—though there are few details on the scope or targets of the program.
The spy agency reportedly has backdoor access to numerous hardware and software systems from prominent tech companies such as Cisco, Dell, and Western Digital, among others. The NSA can even exploit Microsoft Windows error reports to find weak spots in compromised machines in order to install Trojans and other viruses.

Truth be told: Pollard never spied on the US for Israel

December 22, 2013

(Carl) Lee Smith argues that the recent declassification of a CIA damage assessment of Jonathan Pollard’s activities proves that Pollard never spied on the United States for Israel, and that he ought to be freed. 

Even as Israeli leaders have regularly petitioned their American counterparts for Pollard’s release, so little has been known about the details of the Pollard case that it was easy to assume the very worst. For instance, there was the widespread belief that Pollard had committed “treason,” as then-Secretary of Defense Caspar Weinberger wrote in a memorandum to the judge sentencing Pollard. There was also speculation that the intelligence he sold to Israel had found its way into the hands of the Soviet Union, which had led to the deaths of several American agents. Perhaps the truth was even worse: Why else would former CIA director George Tenet have threatened to resign when President Bill Clinton considered Israeli Prime Minister Benjamin Netanyahu’s request to have Pollard released?

After more than 25 years of speculation, documents released last week to the National Security Archives at George Washington University provide us, for the first time, with many of the details of the espionage activities that have made Pollard one of the most controversial figures in the history of the U.S. intelligence community. What the documents, particularly the CIA’s 1987 damage assessment of Pollard, show is that both Pollard’s detractors and supporters possess vastly distorted views of him. But it is the narrative put forth by those who insisted that Pollard was the most treacherous U.S. spy since Benedict Arnold that has caused real damage to the fabric of this country—more damage, in fact, than Jonathan Pollard ever did.

Contrary to the widespread belief, the CIA report reveals that Pollard did not procure secrets about the United States—nor did Israel ask him to. The intelligence he provided his Israeli handlers consisted of the information that the United States had acquired concerning Arab and other Middle Eastern states. This information may not change the minds of long-time detractors, but it vindicates those who have argued that Pollard, having already served a punishment that fit his crime, should be released.

Israel “did not request or receive intelligence concerning some of the most sensitive US national-security resources,” Pollard told his CIA investigators. “The Israelis never expressed interest in US military activities, plans, capabilities, or equipment. Likewise, they did not ask for intelligence on US communications per se.” The fact that Pollard did not collect intelligence against his native country is reflected in the June 4, 1986, indictment handed down by the U.S. District Court for the District of Columbia. Pollard was charged with violating Title 18 United States Code, section 794(a), gathering or delivering defense information to aid a foreign government. This federal law “makes it a crime to deliver defense information to a foreign government ‘with intent or reason to believe’ that the information is to be used in one of two ways: ‘to the injury of the United States,’ or, alternatively, ‘to the advantage of a foreign nation.’”

Presumably recognizing that Israel is an ally and not an enemy, the indictment specifies only the second part of the statute, charging Pollard with delivering “information and documents relating to the national defense of the United States, having intent and reason to believe that the same would be used to the advantage of ISRAEL.”

“The indictment is scrupulous,” I was told by Angelo Codevilla, who has followed the Pollard case since serving as a senior staff member for the Senate intelligence committee from 1978 to 1985. Codevilla argues that the swarm of accusations against Pollard over the years is implausible on the face of it. “Pollard was an analyst. He is alleged to have given away information to which no analyst had any access,” he said. “All of what has been said about what he did, including the secret memorandum that Caspar Weinberger wrote to the court in order to influence the judge’s sentence, is nonsense.”

Codevilla suggests that even Weinberger’s memo may have been the end result of bureaucratic bluster. “All of this started in 1981 when Israel bombed Iraq’s nuclear reactor at Osirak,” he said. “The CIA was aghast that the Israelis had done this, because they thought they had a good thing going with Saddam Hussein.” Even as the senators on the intelligence committee, including Daniel Patrick Moynihan and Scoop Jackson, all celebrated the Israeli strike, the CIA was incensed. 

“Bobby Ray Inman [then deputy director of the CIA] came into the Senate committee stomping up and down, and said he was going to cut off the satellite intelligence they fed Israel,” Codevilla recalled. “What Pollard did was to ignore these restrictions—which he had no right to do—and continued to supply Israel with the information. His sin was more against U.S. policy than U.S. security. The reason for the animus against him was that he subverted U.S. policy.”

Read the whole thing. It is long past time for Pollard to be released.

Inside the Saudi 9/11 coverup

December 19, 2013

(Post) After the 9/11 attacks, the public was told al Qaeda acted alone, with no state sponsors.
But the White House never let it see an entire section of Congress’ investigative report on 9/11 dealing with “specific sources of foreign support” for the 19 hijackers, 15 of whom were Saudi nationals.
It was kept secret and remains so today.
President Bush inexplicably censored 28 full pages of the 800-page report. Text isn’t just blacked-out here and there in this critical-yet-missing middle section. The pages are completely blank, except for dotted lines where an estimated 7,200 words once stood (this story by comparison is about 1,000 words).
A pair of lawmakers who recently read the redacted portion say they are “absolutely shocked” at the level of foreign state involvement in the attacks.
Reps. Walter Jones (R-NC) and Stephen Lynch (D-Mass.) can’t reveal the nation identified by it without violating federal law. So they’ve proposed Congress pass a resolution asking President Obama to declassify the entire 2002 report, “Joint Inquiry Into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001.”
Some information already has leaked from the classified section, which is based on both CIA and FBI documents, and it points back to Saudi Arabia, a presumed ally.
The Saudis deny any role in 9/11, but the CIA in one memo reportedly found “incontrovertible evidence” that Saudi government officials — not just wealthy Saudi hardliners, but high-level diplomats and intelligence officers employed by the kingdom — helped the hijackers both financially and logistically. The intelligence files cited in the report directly implicate the Saudi embassy in Washington and consulate in Los Angeles in the attacks, making 9/11 not just an act of terrorism, but an act of war.
The findings, if confirmed, would back up open-source reporting showing the hijackers had, at a minimum, ties to several Saudi officials and agents while they were preparing for their attacks inside the United States. In fact, they got help from Saudi VIPs from coast to coast:
LOS ANGELES: Saudi consulate official Fahad al-Thumairy allegedly arranged for an advance team to receive two of the Saudi hijackers — Khalid al-Mihdhar and Nawaf al-Hazmi — as they arrived at LAX in 2000. One of the advance men, Omar al-Bayoumi, a suspected Saudi intelligence agent, left the LA consulate and met the hijackers at a local restaurant. (Bayoumi left the United States two months before the attacks, while Thumairy was deported back to Saudi Arabia after 9/11.)
SAN DIEGO: Bayoumi and another suspected Saudi agent, Osama Bassnan, set up essentially a forward operating base in San Diego for the hijackers after leaving LA. They were provided rooms, rent and phones, as well as private meetings with an American al Qaeda cleric who would later become notorious, Anwar al-Awlaki, at a Saudi-funded mosque he ran in a nearby suburb. They were also feted at a welcoming party. (Bassnan also fled the United States just before the attacks.)
WASHINGTON: Then-Saudi Ambassador Prince Bandar and his wife sent checks totaling some $130,000 to Bassnan while he was handling the hijackers. Though the Bandars claim the checks were “welfare” for Bassnan’s supposedly ill wife, the money nonetheless made its way into the hijackers’ hands.
Other al Qaeda funding was traced back to Bandar and his embassy — so much so that by 2004 Riggs Bank of Washington had dropped the Saudis as a client.
The next year, as a number of embassy employees popped up in terror probes, Riyadh recalled Bandar.
“Our investigations contributed to the ambassador’s departure,” an investigator who worked with the Joint Terrorism Task Force in Washington told me, though Bandar says he left for “personal reasons.”
FALLS CHURCH, VA.: In 2001, Awlaki and the San Diego hijackers turned up together again — this time at the Dar al-Hijrah Islamic Center, a Pentagon-area mosque built with funds from the Saudi Embassy. Awlaki was recruited 3,000 miles away to head the mosque. As its imam, Awlaki helped the hijackers, who showed up at his doorstep as if on cue. He tasked a handler to help them acquire apartments and IDs before they attacked the Pentagon.
Awlaki worked closely with the Saudi Embassy. He lectured at a Saudi Islamic think tank in Merrifield, Va., chaired by Bandar. Saudi travel itinerary documents I’ve obtained show he also served as the ­official imam on Saudi Embassy-sponsored trips to Mecca and tours of Saudi holy sites.
Most suspiciously, though, Awlaki fled the United States on a Saudi jet about a year after 9/11.
As I first reported in my book, “Infiltration,” quoting from classified US documents, the Saudi-sponsored cleric was briefly detained at JFK before being released into the custody of a “Saudi representative.” A federal warrant for Awlaki’s arrest had mysteriously been withdrawn the previous day. A US drone killed Awlaki in Yemen in 2011.
HERNDON, VA.: On the eve of the attacks, top Saudi government official Saleh Hussayen checked into the same Marriott Residence Inn near Dulles Airport as three of the Saudi hijackers who targeted the Pentagon. Hussayen had left a nearby hotel to move into the hijackers’ hotel. Did he meet with them? The FBI never found out. They let him go after he “feigned a seizure,” one agent recalled. (Hussayen’s name doesn’t appear in the separate 9/11 Commission Report, which clears the Saudis.)
SARASOTA, FLA.: 9/11 ringleader Mohamed Atta and other hijackers visited a home owned by Esam Ghazzawi, a Saudi adviser to the nephew of King Fahd. FBI agents investigating the connection in 2002 found that visitor logs for the gated community and photos of license tags matched vehicles driven by the hijackers. Just two weeks before the 9/11 attacks, the Saudi luxury home was abandoned. Three cars, including a new Chrysler PT Cruiser, were left in the driveway. Inside, opulent furniture was untouched.
Democrat Bob Graham, the former Florida senator who chaired the Joint Inquiry, has asked the FBI for the Sarasota case files, but can’t get a single, even heavily redacted, page released. He says it’s a “coverup.”
Is the federal government protecting the Saudis? Case agents tell me they were repeatedly called off pursuing 9/11 leads back to the Saudi Embassy, which had curious sway over White House and FBI responses to the attacks.
Just days after Bush met with the Saudi ambassador in the White House, the FBI evacuated from the United States dozens of Saudi officials, as well as Osama bin Laden family members. Bandar made the request for escorts directly to FBI headquarters on Sept. 13, 2001 — just hours after he met with the president. The two old family friends shared cigars on the Truman Balcony while discussing the attacks.
Bill Doyle, who lost his son in the World Trade Center attacks and heads the Coalition of 9/11 Families, calls the suppression of Saudi evidence a “coverup beyond belief.” Last week, he sent out an e-mail to relatives urging them to phone their representatives in Congress to support the resolution and read for themselves the censored 28 pages.
Astonishing as that sounds, few lawmakers in fact have bothered to read the classified section of arguably the most important investigation in US history.
Granted, it’s not easy to do. It took a monthlong letter-writing campaign by Jones and Lynch to convince the House intelligence panel to give them access to the material.
But it’s critical they take the time to read it and pressure the White House to let all Americans read it. This isn’t water under the bridge. The information is still relevant ­today. Pursuing leads further, getting to the bottom of the foreign support, could help head off another 9/11.
As the frustrated Joint Inquiry authors warned, in an overlooked addendum to their heavily redacted 2002 report, “State-sponsored terrorism substantially increases the likelihood of successful and more ­lethal attacks within the United States.”
Their findings must be released, even if they forever change US-Saudi relations. If an oil-rich foreign power was capable of orchestrating simultaneous bulls-eye hits on our centers of commerce and defense a dozen years ago, it may be able to pull off similarly devastating attacks today.
Members of Congress reluctant to read the full report ought to remember that the 9/11 assault missed its fourth target: them.

Paul Sperry is a Hoover Institution media fellow and author of “Infiltration” and “Muslim Mafia.”

Is there a leak in the CIA? It is almost like the place is run by a Muslim

August 5, 2013
( MIDDLE EAST AND TERRORISM /Americans Stand with Israel) by Arutz Sheva

The U.S. intelligence community has been leaking information on Israeli air strikes in Syria, and U.S. President Barack Obama is behind the leaks, according to a report in the World Tribune.

Diplomats told the Tribune that the Obama administration has enabled the U.S. intelligence community to disclose details of Israeli military operations against the armed forces under Syrian President Bashar Assad. These leaks include reporting Israeli air and naval strikes on advanced Iranian and Russian weapons that arrived in 2013.

“This is a decision that could come only from Obama,” a diplomat said. “[T]his reflects his dismay over the Israeli operations, which the president believes could result in a regional war.”
“The leaks will continue because there is a lot of resentment within the U.S. intelligence community over Israeli assessments regarding such countries as Egypt, Iran and Syria,” the diplomat added.
The latest leak attributed to the U.S. intelligence community was about a July 5 Israeli strike on a recent shipment of the P-800 Yakhont coastal defense system, at Latakia.

The diplomats said the CIA disclosed the Israeli strike to the press, and later said the operation was only partly successful. “While the warehouse was destroyed, American intelligence analysts have now concluded that at least some of the Yakhont missiles had been removed from their launchers and moved from the warehouse before the attack,” a U.S. official told the New York Times on July 31.

The diplomats told the World Tribune Israel has protested the U.S. leaks, which have increased tension with Damascus. They said the leaks have strained the CIA’s relations with Israel’s Mossad. The CIA director is John Brennan, regarded as a confidante of Obama.

“The Israelis have also been going to their friends in Congress to stop the leaks,” the diplomat said.


Former CIA Spook: John Brennan A “Bully Of The Highest Order”

August 3, 2013
t

(involved in crafting the phony talking points that then-Secretary of State Susan Rice gave regarding attack)(alleged gun-running is being blamed for the death of Ambassador Stevens and three other Americans in the Sept. 11, 2012 attack on the U.S. mission and CIA annex. CNN confirms)


SOURCE: ONLY PRESIDENT COULD HAVE MADE ‘STAND DOWN’ CALL ON BENGHAZI

May 7, 2013

From (Infidel/Breitbart): A source with intimate information about the events that happened on the ground in Benghazi the night the U.S. Consulate and the CIA annex was attacked by terrorists told Breitbart News that, ultimately, only the President of the United States, or someone acting on his authority, could have prevented Special Forces either on the ground or nearby from helping those Americans who were under deadly assault.  

According to the source, when the attack on the Consulate occurred, a specific chain of command to gain verbal permission to move special-forces in must have occurred. SOCAFRICA commander Lieutenant Col. Gibson would have contacted a desk officer at the time, asking for that permission.

That desk officer would have called Marine Corps Col. George Bristol, then in command of Joint Special Operations Task Force-Trans Sahara. From there, Bristol would have made contact with Rear Admiral Brian Losey, then Commander of Special Operations Command Africa. Losey would have contacted four-star General Carter Ham, commander of U.S. AFRICOM at the time.  

“Ham answers directly to the President of the United States,” said the source. It wasn’t a low-level bureaucrat making the call, the source adamantly added.


The Facts of the #Pollard Case- Points 1-55 | #JonathanPollard #Clinton #Israel #WMDs

March 27, 2013

  1. Jonathan Pollard was a civilian American Naval intelligence analyst. In the mid 1980’s (circa 1983-1984), Pollard discovered that information vital to Israel’s security was being deliberately withheld by certain elements within the U.S. national security establishment.
  2. Israel was legally entitled to this vital security information according to a 1983 Memorandum of Understanding between the two countries.
  3. The information being withheld from Israel included Syrian, Iraqi, Libyan and Iranian nuclear, chemical, and biological warfare capabilities – being developed for use against Israel. It also included information on ballistic missile development by these countries and information on planned terrorist attacks against Israeli civilian targets.
  4. When Pollard discovered this suppression of information and asked his superiors about it, he was told to “mind his own business”, and that “Jews get nervous talking about poison gas; they don’t need to know.”He also learned that the objective of cutting off the flow of information to Israel was to severely curtail Israel’s ability to act independently in defense of her own interests.
  5. Pollard was painfully aware that Israeli lives were being put in jeopardy as a result of this undeclared intelligence embargo. He did everything he possibly could to stop this covert policy and to have the legal flow of information to Israel restored. When his efforts met no success, he began to give the information to Israel directly.
  6. Jonathan Pollard was an ideologue, not a mercenary. The FBI concluded after nine months of polygraphing that Pollard acted for ideological reasons only, not for profit. This fact was recognized by the sentencing judge who declined to fine Pollard. (See theaddendum for further details.)Furthermore, on May 11, 1998, Israel formally acknowledged Jonathan Pollard had been a bona fide Israeli agent. This fact wiped out any remaining doubt about Jonathan Pollard’s motives. Being an official agent is, by definition, the polar opposite of being a mercenary.
  7. In 1985, his actions were discovered by the U.S. government. His instructions from Israel were to seek refuge in the Israeli embassy in Washington. When Pollard and his former wife sought refuge there, they were at first received and then summarily thrown out into the waiting arms of the FBI.
  8. Jonathan Pollard never had a trial. At the request of both the U.S. and Israeli governments, he entered into a plea agreement, which spared both governments a long, difficult, expensive and potentially embarrassing trial.
  9. Jonathan Pollard fulfilled his end of the plea agreement, cooperating fully with the prosecution.
  10. Nevertheless, Pollard received a life sentence and a recommendation that he never be paroled – in complete violation of the plea agreement he had reached with the government.
  11. Jonathan Pollard was never indicted for harming the United States.
  12. Jonathan Pollard was never indicted for compromising codes, agents, or war plans.
  13. Jonathan Pollard was never charged with treason. [Legally, treason is a charge that is only applicable when one spies for an enemy state in time of war.]
  14. Jonathan Pollard was indicted on only one charge: one count of passing classified information to an ally, without intent to harm the United States.
  15. Prior to sentencing, then-Secretary of Defense Caspar Weinberger delivered a 46-page classified memorandum to the sentencing judge. Since then, neither Pollard nor any of his cleared attorneys have ever been allowed to access the memorandum to challenge the false charges it contains-a clear violation of Pollard’s constitutional rights.
    The day before sentencing, Weinberger delivered a four-page supplemental memorandum to the sentencing judge. In it, he falsely accused Pollard of treason. Also in the supplemental memorandum, Weinberger advocated a life sentence in clear violation of Pollard’s plea agreement. The implication that follows from Weinberger’s false characterization of Pollard’s offense as “treason” is that the country Pollard served, Israel, is an enemy state.
  16. Pollard was shown the supplemental Weinberger memorandum only once, just moments before sentencing – hardly adequate time to prepare an appropriate defense to rebut the false accusations in it.
  17. No one else in the history of the United States has ever received a life sentence for passing classified information to an ally – only Jonathan Pollard. The median sentence for this offense is two to four years. Even agents who have committed far more serious offenses on behalf of hostile nations have not received such a harsh sentence.
  18. Pollard’s attorney never appealed from the life sentence. The time to file for such an appeal was within ten days of sentencing. Years later, with a different attorney, Pollard filed a habeas corpus challenge to the sentence.The Court of Appeals, in a two-to-one decision, rejected the challenge, largely on procedural grounds.
    The majority placed heavy emphasis on the failure to appeal from the life sentence in a timely manner, and on the resulting far heavier burden faced by Pollard in seeking to challenge the sentence via habeas corpus. [Note: “Habeas corpus” is a procedure by which an incarcerated person may bring a court challenge to the legality of his or her incarceration – often long after the underlying case has been concluded.]
    In a dissenting opinion, Court of Appeals Judge Stephen Williams called the case “a fundamental miscarriage of justice,” and wrote that he would have ordered that Pollard’s sentence be vacated.
  19. In November 1995, Israel granted Jonathan Pollard Israeli citizenship. The official presentation took place in January of 1996. This publicly signaled to the U.S. Israel’s willingness to accept full responsibility for Pollard.
  20. U.S. government sources falsely accuse Pollard in the media of passing “rooms full of classified information” and “hundreds of thousands of documents” to Israel. This volume of information is an absurdity! Pollard would have needed to make numerous “drops” using a moving van to have transferred such a large volume of information. In actual fact, Jonathan Pollard made a grand total of eleven “drops” to the Israelis, using only a small briefcase to hold the documents.
  21. The government used an insidious formula to exaggerate the volume of information that Jonathan Pollard passed to Israel. The formula was: if only one page or a single sentence of a document was passed to the Israelis, it was counted as if the whole document had been transmitted. Even referenced documents and sources were counted as having been transmitted in toto. Using this calculation, a single page could be counted as 50 hard-bound 500 page volumes!
  22. There is no Mr. “X”.
  23. The CIA claim that another highly-placed spy in the U.S. had to exist in order to give Jonathan Pollard his highly specific tasking orders is a complete fabrication. To understand how Pollard was tasked by Israel to secure specific documents, see: Was there another U.S. spy tasking Pollard? – Mr. ‘X’ Exposed.

  24. On May 12, 1998 , in the same statement in which the Government of Israel publicly acknowledged Jonathan Pollard as an Israeli agent, it accepted full responsibility for him, and indicated its commitment to securing his release and repatriation to Israel.
  25. Jonathan Pollard has repeatedly expressed his remorse publicly and in private letters to the President and others. He regrets having broken the law, and is sorry he did not find a legal means to act upon his concerns for Israel. (See Remorse Page.)
  26. Jonathan Pollard has been openly linked to the Middle East Peace Process since 1995.The Israeli government recognized long ago that Jonathan’s sentence was unjust, that the documents he delivered to Israel did not remotely cause the damage that the prosecution claimed but never proved. As a result of this recognition, various Israeli administrations have negotiated, as a matter of basic fairness, to secure Jonathan’s release.
    Since 1995, within the context of the peace process, the US has repeatedly exploited the plight of Jonathan Pollard to extract heavy concessions from Israel.
    However despite express promises made by the United States to Israel, Jonathan Pollard remains in jail.
  27. It was the late Prime Minister Yitzhak Rabin who, in 1995, first began openly to negotiate for Jonathan’s release as part of the peace process.Although President Clinton promised Prime Minister Rabin that he would release Jonathan as part of a Middle East peace settlement, the President refused to honor his promise after Rabin was assassinated.
  28. Rabin’s successor, Prime Minister Shimon Peres, continued to link Jonathan to the peace process, and even went so far as to include a spy swap proposal as part of the deal for Pollard’s release.
  29. The Wye Plantation summit is a prime example of U.S. exploitation of Jonathan Pollard.Both before and again during the Wye summit negotiations in the fall of 1998, President Clinton promised to release Jonathan Pollard. Pollard was the deal-maker at Wye which enabled the accords to be completed.
  30. At the last minute, with the eyes of the world focused on the Wye Accords signing ceremony which was about to take place in Washington, Clinton reneged on Pollard’s release, creating a storm of negative publicity for Israel.
  31. How the Wye fiasco came about:In September, 1998, just before the mid-term Congressional elections, President Clinton (who at the time was facing impeachment hearings and in need of a foreign policy PR victory) asked Israeli Prime Minister Binyamin Netanyahu to attend a three-way summit with the Palestinians at Wye River, Maryland.
    Clinton knew that a successful summit at Wye just before the Congressional elections would be good not only for his image, but would also reap great political benefits for the Democrats in their bid to regain control of Congress. As an inducement to Netanyahu, Clinton promised to release Jonathan Pollard within the context of the summit.
    Understanding the value of Jonathan Pollard for his own re-election bid, and needing him as a sweetener to sell any kind of “peace” deal to the Israeli people, Netanyahu ignored the entreaties of Republican friends like Newt Gingrich and agreed to attend the summit. (Gingrich would later repay Netanyahu by leading the Republican charge of slander and lies against Jonathan Pollard.)
  32. Once the Wye summit was underway, Clinton quickly “forgot” his promise to free Jonathan Pollard and there was little Netanyahu could do.
  33. Talks at Wye broke down over the release of Palestinian murderers with Jewish blood on their hands and over Israel’s request for the extradition of Ghazi Jabali, the chief of Police in Gaza who was wanted for his role in planning and executing terrorist attacks in Israel.
  34. To break the stalemate, the Palestinians suggested Jonathan Pollard as the solution. They proposed that Pollard be sold to Netanyahu once again: the US would give Jonathan to Israel in return for Israel’s freeing of hundreds of Palestinian terrorists and immunity for Ghazi Jabali.
  35. The US and Israel agreed to the Palestinian plan to swap Pollard for terrorists and murderers.President Clinton personally worked out the details of the deal in a late-night private session with a Palestinian and an Israeli representative.
  36. According to the deal, Prime Minister Netanyahu was to receive a side letter from President Clinton the next morning (one of approximately 30 side letters the Americans had promised) guaranteeing Pollard’s release for November 11, 1998, one week after the US House elections.The Pollard negotiation was the deal-maker at Wye which allowed the summit to be successfully wrapped up and a signing ceremony to be planned for the next morning in Washington, on Friday October 23, 1998.
  37. Only hours before the signing ceremony, P.M. Netanyahu received all of the American side-letters that had been promised to him, except one – the one guaranteeing the release of Jonathan Pollard.Netanyahu threatened not to attend the signing ceremony unless he got the Pollard side letter. Clinton said, “Trust me.” Netanyahu, knowing he was about to be double-crossed by Clinton over Pollard for the second time, refused.
    Netanyahu demanded that in the absence of a side letter of guarantee, Pollard should be freed into his custody immediately, or no signing ceremony. Arik Sharon supported Netanyahu and they threatened to leave Wye without signing the accords.
  38. In order to take the pressure off of President Clinton, CIA chief George Tenet quickly leaked the news of Pollard’s imminent release to the media in a deliberate – and ultimately successful – attempt to torpedo the deal.He sent emissaries to Capitol Hill to hold emergency meetings with leading Senators and Congressmen to enlist their support in publicly denouncing Pollard’s release. Many lies were told by the CIA emissaries about Jonathan Pollard to convince the legislators to act swiftly and in unison. Believing the lies, the legislators complied and began an unprecedented series of public actions to prevent the release of Jonathan Pollard.
  39. Meanwhile at Wye, under heavy pressure and still fearful that Netanyahu would not back down, Clinton quickly negotiated a private fall-back position with Netanyahu: Clinton would publicly promise to do a “speedy review”of the Pollard Case and he would use that review to free Pollard a few months later, parallel to the release of the 750 Palestinian terrorists who were part of the price Israel had agreed to pay for Pollard.Under heavy public pressure and betrayed by his own Minister of Defense, Yitzhak Mordecai*, who closed ranks with Clinton, Netanyahu folded and accepted this private deal. The signing ceremony was held in Washington as scheduled. *(Mordecai himself is now on trial in Israel in 2001 for sexual assault.)
  40. Netanyahu’s capitulation at Wye, the public spectacle of his being brought to heel by the Americans, and the lopsided deal he brought home from Wye now that Pollard was no longer perceived to be a part of it, would shortly cost him his premiership.
  41. After Wye, the White House falsely accused Netanyahu of having injected Pollard into the Wye summit at the last moment.However, eye witnesses to the Pollard deal at Wye, including the Israeli and the Palestinian who had negotiated the deal with Clinton and the former Israeli Cabinet Secretary, all later contradicted the White House version of events and affirmed that President Clinton had committed himself to the release of Jonathan Pollard as an integral part of the Wye Accords.

    Note: Prime Minister Netanyahu was the first prime minster of Israel to agree to free Palestinian terrorists with Jewish blood on their hands. That is the price the Americans demanded for Pollard at Wye. To this day, this represents a keen embarrassment for Netanyahu and his party, even more so since he did not receive Pollard but the Palestinian murders were released nonetheless. That is why no official source from the Netanyahu government ever wants to publicly admit to it. They keep the details to a minimum, but all concur that Pollard’s freedom was bought and paid for by “concessions”at Wye.

  42. When Netanyahu returned to Israel after Wye, he created a firestorm of publicity by releasing 200 Palestinian common criminals from Israeli prisons.The Palestinians were outraged, and insisted that these common criminals were not the prisoners that they had bargained for at Wye. The Americans angrily protested. Netanyahu reminded the Americans that the Wye Accords do not specify exactly which prisoners Israel must release. Critics wondered if the Prime Minister had lost his mind to antagonize the Americans this way.
    Only those close to Prime Minister Netanyahu understood that this was Netanyahu’s private, pointed reminder to Bill Clinton that if he was thinking of double-crossing him yet a third time over Pollard, he should think again. No Pollard, no release for the Palestinian murderers and terrorists.
    Unfortunately for Jonathan Pollard, Netanyahu’s government fell before he was able to act on this.
  43. In a meeting with Netanyahu right after his electoral defeat in the Spring of 1999, Jonathan Pollard’s wife, Esther, received assurances from the former prime minister that the new prime minister, Ehud Barak, had been fully briefed about what had been agreed to at Wye and about the fall-back position; that is to say, Israel had yet to free the 750 terrorists with blood on their hands and was still supposed to receive Pollard home in a “parallel gesture” from President Clinton.
  44. Not long after Barak took office, the 750 Palestinian murderers and terrorists walked out of prison as free men. Jonathan Pollard remained in his American jail cell.
  45. In an attempt to justify Clinton’s reneging at Wye, a story was leaked to the press that George Tenet, a Clinton appointee, had threatened to resign as head of the CIA if Pollard were released.The story, though not logical, sounded plausible and it became popular to cite the opposition of the American Intelligence community as the reason Clinton did not honor his commitment at Wye to free Pollard.
    This was soon exposed as the lame excuse it was when Clinton freed a group of unrepentant FALN terrorists in the fall of 1999, in an attempt to improve his wife’s popularity with New York State’s Hispanic community in her election bid for the Senate. (See Senate Race Page.)
    To this day, the same lame excuse continues to be used to justify the unjustifiable failure of Clinton to honor his commitment.
  46. In September of 1999, despite strenuous opposition from all of his government advisors and agencies, President Clinton freed 14 unrepentant Puerto Rican terrorists, members of the FALN, charged with bank robbery and various acts of terrorism, including over 130 bombings in the US, and the deaths of American police officers.Clinton ignored a solid wall of opposition from the Justice, Intelligence and Defense departments and Congress, invoked his powers of executive clemency and set the FALN terrorists free. In doing so, he unequivocally put the lie to the notion that any government agency might tie his hands or influence his decision in matters of clemency. (See FALN Page and Clemency Page.)
  47. More than two years elapsed after Wye. President Clinton did no review. Jonathan Pollard remained in prison while the US continued to extract Israeli concessions for his release.
  48. Those who still believed the myth that it was the American Intelligence Community that was tying the hands of President Clinton, also clung to the belief he would finally honor his many promises to release Jonathan Pollard – including the commitment he had made at Wye – at the end of his term, when he could do so without fear of political reprisal.
  49. Beginning in 1991 Rabbi Mordecai Eliyahu, the former Chief Rabbi of Israel, and Jonathan’s rabbi, offered himself to the U.S. Justice Department as Jonathan’s guarantor. The offer was ignored.Rabbi Eliyahu repeated the same offer every year after that in private letters to President Clinton.
    Every offer went unacknowledged until the fall of 2000, when Esther Pollard received a letter from the White House indicating that the President was aware of the former chief Rabbi’s offer and that it would be part of the President’s consideration in reaching a final decision on her husband’s case.
  50. President Clinton never kept his promises.When he left office in January 2001, Jonathan Pollard was not included among those that to whom Clinton granted clemency:
    • in spite of his repeated express commitments to Israel to free Pollard in return for numerous heavy concessions
    • in spite of his commitment to free Pollard as an integral part if the Wye Accords
    • in spite of the appeals of the Jewish community, and
    • in spite of the gross injustices of the Pollard case which include:
      • a grossly disproportionate sentence
      • a broken plea agreement
      • use of secret evidence
      • a false charge of treason
      • ineffective assistance of counsel
      • ex parte communication between prosecutors and judge
      • a lack of due process
      • a sentencing procedure infected by false allegations and lies

    On his last day in office, Clinton granted clemency to 140 people. Many who received executive clemency had been convicted of very serious offenses, including murder, robbery and drug dealing. Some of those pardoned had served no prison time at all before being pardoned. Among those pardoned were Clinton’s brother, and a former head of the CIA. (See Clemency Page.)

  51. In September of 2000, Jonathan Pollard’s attorneys, Eliot Lauer and Jacques Semmelman, filed a motion in the US District Court of Columbia to vacate his sentence.The motion, supported by documentation, presents a compelling and very disturbing picture of serious government misconduct that went unchecked by Mr. Pollard’s then-counsel. As a result of that misconduct, and as a result of his attorney’s ineffectiveness Jonathan Pollard was sentenced to life in prison on the basis of false allegations, and under circumstances that violated his plea agreement. (See Legal Doc: Declaration of Jonathan Jay Pollard In Support of Motion for Resentencing. See also Legal Doc: Memorandum of Law in Support of Jonathan Jay Pollard’s § 2255 Motion for Resentencing.)
  52. Since he was sentenced in 1987, none of Jonathan Pollard’s security-cleared attorneys have been able to see the classified portions of the docket in order to challenge them in a court of law or to defend him in a clemency proceeding.In September of 2000, Jonathan Pollard’s attorneys filed a separate motion requesting that attorney Eliot Lauer be allowed access to the secret portions of the Pollard court docket. (See Legal Doc: Motion to Unseal the Pollard Record.)
  53. On January 12, 2001, Chief Judge Norma Holloway Johnson denied the attorneys’ request to allow Eliot Lauer access to the complete Pollard docket, upholding the government’s claim that Lauer’s seeing the secret portion of the record poses a risk to American national security.Both Lauer and Semmelman hold TOP SECRET level security clearances, which they obtained from the Justice Department in order to be eligible to see their client’s full record.
    A motion for reconsideration was filed January 18, 2001. (See Legal Doc: Motion for Reconsideration of Court Order.)
  54. Amicus briefs supporting Jonathan’s new legal cases have been filed by the American Civil Liberties Union, as well as by top American legal authorities. (See Amici Briefs on the Court Case Page.)
  55. Five Prime Ministers of Israel and three Presidents of Israel have requested Jonathan Pollard’s release from the United States. Israel has pledged to be responsible for its agent who has served many years in prison under harsh conditions, and who has fully and repeatedly expressed his remorse. (See Remorse Page.)Between close friends and strong allies, that ought to be enough.

  56. On November 21, 2012, Jonathan Pollard entered the 28th year of his life sentence, with no end in sight.