There is a good chance that the government has not recovered all the classified Navy documents allegedly stolen by accused spy Jonathan Jay Pollard, and his wife might sell them if she is released from custody before her trial, U.S. Attorney Joseph E. diGenova said yesterday.
In a 23-page memo filed in federal court here, diGenova said that Anne Henderson-Pollard, who is charged with unauthorized possession of classified documents, was aware of her husband's alleged spying for Israel and has detailed knowledge of the reams of classified material he is charged with obtaining through his work as a civilian Navy counterterrorism analyst.
DiGenova argued that even if there are no additional documents, releasing Henderson-Pollard would endanger national security because she might attempt to sell what she knows to foreign governments.
"In order to damage national security, it is not necessary for Anne Henderson-Pollard to have retained a recollection of each detail within these classified documents," diGenova said. "The mere fact that the United States has been able to gather certain of this information is classified, requiring nondisclosure of the very titles of some of the documents."
The memo was filed in connection with a hearing today at which U.S. Magistrate Patrick J. Attridge will decide whether to release Henderson-Pollard, 25, on bond while she is awaiting trial. Last week, Attridge ordered Pollard, 31, held without bond but postponed a decision on his wife's bond until today.
James Hibey, Henderson-Pollard's attorney, is expected to suggest conditions under which his client could be released. Attridge asked Hibey last week to look into the possibility of having family members put up property as collateral if he should decide to release Henderson-Pollard.
Hibey declined to comment on the government's filing.
The memo, which contains a detailed account of the FBI's investigation of the Pollards, also raises the possibility that Henderson-Pollard might have tried to use classified documents -- allegedly obtained by her husband -- on China's U.S. intelligence gathering operations to help her business career.
Henderson-Pollard and officials of a public relations firm she was affiliated with met with Chinese Embassy officials Sept. 30 in an unsuccessful attempt to persuade the Chinese to hire the company to train embassy officials in public relations techniques, according to Karen Berg, an owner of the firm. Berg said the firm's efforts to get the job had nothing to do with the Pollards' alleged spying.
Before her arrest, Henderson-Pollard told a friend that classified documents contained in a suitcase later seized by the FBI, including the report on Chinese intelligence, were for a business presentation she was making at the Chinese Embassy, according to prosecutors.
The government's memo said Pollard told investigators that Israeli Embassy officials refused to grant the couple political asylum because FBI agents had followed them to the embassy in upper Northwest Washington. Pollard was arrested by the FBI on Nov. 21 shortly after he and his wife drove into the embassy compound and were turned away.
When agents stopped the couple outside the embassy, they confiscated two bags and a purse Henderson-Pollard had with her. They contained the couple's birth certificates, their marriage certificate, vaccination papers for their cat, which was with them when they were stopped, and stacks of family photos -- all personal effects that show the couple was planning to flee the country, the government alleges.
Henderson-Pollard's arrest on Nov. 22 came after FBI agents, who initially focused on her husband, realized the extent of her alleged involvement, the government said.
In another spy case, Larry Wu-Tai Chin, 63, a retired CIA analyst accused of spying for the Chinese for more than 30 years, pleaded not guilty yesterday in federal court in Alexandria. U.S. District Court Judge Albert V. Bryan set Jan. 22 as his trial date.