I believe the Weinberger memorandum is still classified, though per the NIS none of the information it contains is still classified. I suspect that’s what Klein is referring to, other than a minute or so at sentencing, no one has viewedthe memorandum, including Pollard and his lawyers, up to this day. One day it will be declassified, and I suspect will answer a number of questions. I don’t think the judge is an issue, the memo provided a basis for his action. Eventually we’ll know what’s true and what’s not. His initial attorney is a much bigger issue, since he “forgot” to file an appeal. And, supervised the investigation of Pollard.
How can you possibly arrive at that conclusion, having never seen the memorandum and having no idea of what specifically is in the memorandum? (BTW, Klein said he read the memorandum, but admitted some of it was redacted. However, he could make assumptions as to what was in the redacted parts based on the titles of the sections.)
And how can you say the judge is not an issue? It's the judge who imposed the sentence, not Weinberger nor anyone else. It's very basic: there are two sides that bring their positions and papers before the judge prior to sentencing (pre-sentencing hearing), the prosecution and the defense. Weinberger's memorandum (assuming Weinberger actually wrote it) doesn't have to control the judge's thinking. There are many other factors for him to consider: most importantly in this case, the plea agreement. The judge is NOT obligated to rubber stamp Weinberger, but in this case he either did, or even went beyond Weinberger's wishes in meting out the disproportionate sentence. Remember that Pollard pled to unauthorized use of classified documents ONLY.
This smells of the possibility of some secret backroom deal made between someone in the government and the judge, without Pollard or his attorneys privy to it, or the possibility of Pollard's attorneys selling out their client behind his back.
One question for you: what is NIS?