The case of convicted American spy Jonathan Pollard took another twist Monday with the defense counsel’s submission of a motion to withdraw Pollard’s 1986 plea of guilt.
Pollard’s attorneys have presented a motion to the U.S. District Court for the District of Columbia, requesting that the guilty plea entered in June 1986 be set aside. They contend the U.S. government failed to live up to its responsibility under the plea bargain.
“A motion to set aside a guilty plea must be granted if the government fails to keep the promises that it made to the defendant in order to induce the pica,” the summary of argument says. “In this case, the government made three promises and broke all three.”
The defense alleges that the government violated its promises not to seek a life sentence, to limit its court statements to the facts and circumstances of the offenses committed, and to inform the court of Pollard’s cooperation.
Pollard’s attorneys contest government accusations that he violated the plea agreement by giving two interviews to journalist Wolf Blitzer without obtaining proper permission.
They also suggest that the plea bargain itself was coerced.
NOT ‘AN ACT OF TREASON’
“Treason is defined by the Constitution and in statutes,” explained Hamilton Fox, the lead defense lawyer in the case. “You either have to have committed an act of war against the United States, or committed an act of aid and comfort to an enemy of the United States.
“It’s clear that Jonathan Pollard did not commit an act of war. It’s also clear that Israel is not an enemy of the United States. Jonathan Pollard did not commit an act of treason,” he said.
“In other cases of espionage that we have seen, sentences for those involved with allies have been two or three years,” Fox said. Cases of espionage for an “enemy” country are more likely to receive a life sentences, he said.
Fox admitted that while a motion to withdraw a guilty plea is a recognized procedure, courts do not readily grant them. The burden of proof rests entirely with the defendant.
Fox said the government has 11 days to respond, although he would not be surprised if it sought more time.
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