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Wall Street Journal reporting that Obama preparing to release Pollard
YWN beat the WSJ for the scoop by five days:
so is yeshiva world news
Not a scoop. Not even news. The law says that he gets automatic parole after serving 30 years. His release date has always been November 21, 2015.
charliehall:
The now-repealed law that applies to Pollard is 18 USC 4206(d):
” (d) Any prisoner, serving a sentence of five years or longer, who is not earlier released under this section or any other applicable provision of law, shall be released on parole after having served two-thirds of each consecutive term or terms, or after serving thirty years of each consecutive term or terms of more than forty-five years including any life term, whichever is earlier: Provided, however, That the Commission shall not release such prisoner if it determines that he has seriously or frequently violated institution rules and regulations or that there is a reasonable probability that he will commit any Federal, State, or local crime.”
Like most articles on the subject, the WSJ got it wrong. The Parole is mandatory, not optional. And Obama has nothing to do with this.
The lashon quoted above from wsj is entirely correct.
Though incomplete and therefore misleading.
The parole board indeed has to consider and then decide if he shall be granted parole.
The law as charliehall quoted merely establishes the criteria which are to be considered. These criteria are all apparently the lack of certain negative actions of the prisoner. If he meets those criteria in their opinion, then the parole will take place. The judgement of the board, who must evaluate these criteria is at least partially subjective. The parole, though seemingly likely, is NOT automatic.
Depends on how you spin the situation.
Reminds me of another situation that depends on the spin.
Is the light in a state where it is destined to go on and moving the plastic merely removes an impediment.
Or does moving the plastic cause it to come on.
“The judgement of the board, who must evaluate these criteria is at least partially subjective. The parole, though seemingly likely, is NOT automatic.”
In Pollard’s case, it IS automatic. Review the two conditions:
(1) he has seriously or frequently violated institution rules and regulations
It is an objectively true statement that he has not done so.
(2) there is a reasonable probability that he will commit any Federal, State, or local crime.
His only crimes were his activity related to his espionage. He cannot engage in any espionage any more because he has had no access to national security information for 30 years. And most of what he used to have access to has likely been declassified anyway.
He did the crime, he has done the time. Let him go peacefully.
All you are saying is that charliehall believes he fits the criteria for release. His two lawyers recently expended tremendous efforts to make sure the board granted him parole. They should have read your analysis instead.
Being right and just, being likely and expected is not the same as automatic.
It is not uncommon for patently unfair and unexpected decisions to me made by governmental and judicial entities.
“All you are saying is that charliehall believes he fits the criteria for release. “
My belief is irrelevant. The statute mandates his release.
Mandated?
Automatic?
From his lawyers statement upon notification of his release:
“The decision is not connected to recent developments in the Middle East”
DECISION? WHAT DECISION?
” Had parole been denied, Mr. Pollard would have been required to serve an additional fifteen years in prison.”
“HAD PAROLE BEEN DENIED”? WHY THATS IMPOSSIBLE. HIS RELEASE WAS MANDATED!
REVIEW? ASSESS? DISCRETION? WHETHER? WHY ITS MANDATED ITS AUTOMATIC !
“Over the next several months, in advance of the hearing, we engaged in dialogue with the DOJ, and submitted extensive written materials to the Parole Commission and the DOJ in support of parole, demonstrating that Mr. Pollard had an exemplary prison record, and that there was no possibility that he would commit any further crimes if released. We also secured employment and housing for Mr. Pollard in the New York area, and made that information available to the Parole Commission as well as the DOJ.”
MY, WHAT IGNORANT LAWYERS. THEY DIDNT KNOW THAT HIS RELEASE WAS AUTOMATIC.
Please excuse the all caps.
I didn’t mean to yell. Just wanted to visually distinguish my words from the quotes. Italics would have been better but I didn’t want to relearn how and as I recall it was a tirchah to do so. Maybe next time.
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