While Jonathan Pollard may be a free many according to many, his release from a federal detention facility, albeit a welcome reality, is a far cry from freedom. Pollard, who is represented pro-bono by attorney Eliot Lauer is fighting the federal government’s restriction governing his release, including a mandatory GPS monitoring device that he must wear on his wrist; governmental monitoring his computer activities and limitations that inhibit his ability to attend shul and minyan regularly. His most recent appearance was in a federal courthouse in New York City on Monday, 2 Teves. The crux of the current battle however is not about the fact he cannot find employment due to the restrictions, but about his inability to keep Shabbos without having to address the battery in the monitoring bracelet.

The GPS device tracks his every move if he distances himself from the base, which is located in his home. One major problem is that while the rechargeable battery in the device can last for a maximum of 24 hours according to officials, but in actuality, when he distances himself from the transmitter and the GPS begins operating, the battery drains much quicker and this means he cannot go to shul on Shabbos or the battery will have to be charged during Shabbos.

Regarding earning a livelihood, Pollard cannot find a job for no firm is willing to accommodate the restrictions placed on him, including constantly monitoring his computer activities. Pushing the physical comforts of the world aside, Pollard is prevented from conducting his life as a practicing religious Jews and observing Shabbos without compromising halacha. Persons close to Pollard explain that while in prison, he was moser nefesh for three decades to adhere to Torah and mitzvos to the best of his ability and now, he is continuing this fight, which seems to focus on Shabbos. For Pollard, this is what it is about, his right to freedom of worship.

While the government boldly insisted the device can last for 24 hours, Lauer explained that in reality this is not so but even if it were, Shabbos is 25 hours and yomim tovim are 49 hours. Hence, due to the restrictions placed on him, he may not attend shul in the hope the battery will not have to be recharged on the holy day.

In an interesting turn of events, at the Monday hearing, Assistant US Attorney Rebecca Tinio informed the court she has obtained new information that in fact, the monitoring device’s battery can last up to 80 hours without a charge. The court was not given evidence to explain this new revelation or how she has stumbled upon this information, which contradicts the information provided by authorities earlier.

Placing an even greater shadow of doubt on the credibility of Tinio’s statements in the fact that just a day prior to the hearing parole officials suggested giving Pollard a device with two batteries in it, each capable of lasting 24 hours.

The government on Monday played down the severity of having to occasionally charge the battery on a Shabbos, calling such a reality “objectively minimal” as compared to other freedom of rights cases. Lauer however told the court this is not so, and charging the battery represents a violations of the Ten Commandments, which is a far cry from a minimal act.

(YWN – Israel Desk, Jerusalem)