Eight days after a federal judge rejected a habeus corpus petition filed by Jonathan Pollard, seeking the removal of broad and severe parole restrictions, Pollard’s attorneys filed on Friday a notice of intent to appeal to the United States Court of Appeals for the Second Circuit.
In a lengthy written ruling Judge Katherine B. Forrest of the U.S. District Court for the Southern District of New York, repeatedly referring to what she felt was the court’s limited authority to overrule a finding by the U.S. Parole Commission.
In court filing and oral arguments, Pollard attorney Eliot Lauer argued there is no rational basis for Pollard’s parole restrictions, which he said came from the Parole Commission’s vindictiveness against Pollard.
Pollard is currently required to wear a GPS monitoring system that consists of a non-removable transmitter installed on his wrist, and a receiver that is plugged into an outlet in his residence. Whenever he moves outside the range of the receiver, the transmitter — which is three inches long and two inches wide — acts as a GPS tracker and monitors his location. Were Pollard to step out of his tiny studio apartment to& daven& with a& minyan& or get some fresh air on Shabbos or Yom Tov, the battery would begin to drain, forcing him to choose between violating Shabbos or facing re-arrest.