Justice for a Spy

It's time for Obama to grant Jonathan Pollard clemency for his crimes.

BY LAWRENCE KORB | JANUARY 12, 2011

The AP reported on April 9 that Jonathan Pollard has been hospitalized since April 4, 2012 due to "increasingly debilitating and incapacitating medical problems," renewing calls for his release. The White House reiterated that the president did not intend to release Pollard.

On Jan. 4, Israeli Prime Minister Benjamin Netanyahu stood in front of the Knesset to read a letter that he had sent to the president of the United States, calling for the release of Jonathan Pollard. The Israeli leader admitted that Pollard, a former U.S. naval intelligence analyst serving a life sentence for espionage, "was acting as an agent of the Israeli government." He nevertheless contended that Pollard's 25 years in prison represented a sufficient punishment for his crimes and pointed to the support of a number of former U.S. officials and congressmen for clemency.

Netanyahu's request did not come as a surprise to me. On Dec. 20, 2010, after speaking to the Knesset, I met with the prime minister and urged him to go public with his request. Unless he did so, I argued, the issue would not gain the traction it needed. I also pointed out to him that he needed to publicly apologize and pledge to never again recruit Americans to spy against their country, which would allow supporters of Pollard's release to respond effectively to the argument that the Pollard case was business as usual for Israel.

The invitation to speak to the Knesset and meet with the prime minister was the culmination of two decades of my involvement with the case. I became involved when Jonathan's father, Morris Pollard, a distinguished professor emeritus at the University of Notre Dame, wrote to me asking why my former boss, Caspar Weinberger, had written such a strong statement about the damage done by Jonathan's spying for Israel.

I answered his letter not to score political points or settle scores, but as one father to another. However, it eventually found its way into the press. As the press began to ask questions about the letter, I began researching the issues of the Pollard case more closely. Over the past 20 years, I have spoken to one of Pollard's prosecutors, a judge on the court of appeals who considered the case, a top lieutenant of former CIA Director George Tenet, several of Pollard's lawyers, and Pollard himself. And I have become convinced that Pollard's sentence of life was disproportionate to his crime.

Therefore, as a matter of simple justice, President Barack Obama should grant Netanyahu's request. Pollard has now been in prison far longer than anyone else who had spied for a friendly country -- the average sentence for a spy convicted of passing intelligence to an allied country is seven years. Information has come to light since Pollard's arrest that shows that the intelligence he passed to Israel never made its way to the United States' enemies, such as the Soviet Union. Furthermore, as U.S. diplomat Dennis Ross noted in a 2006 article in the Canadian Jewish Tribune, "Pollard has been in jail for so long that whatever facts he might know would have little if any effect on national security today."

Netanyahu was correct in saying that support for Pollard's release has come from a broad segment of American political and cultural life. In the last two months, the White House has been deluged with letters from 39 members of Congress, 500 religious leaders from all faiths, a former attorney general, and a former head of the Senate Select Committee on Intelligence, all urging the president to commute Pollard's sentence.

Of course, such a step will not come without a cost for Obama. Netanyahu learned this lesson in 1998, when he first pushed for Pollard's release in a meeting at the Wye Plantation with President Bill Clinton as a way of facilitating an Arab-Israeli peace agreement. Clinton had to back off when Tenet threatened to resign.

MENAHEM KAHANA/AFP/Getty Images

 

Lawrence Korb, a former assistant secretary of defense in Ronald Reagan's administration, is a senior fellow at the Center for American Progress.

PECHORIN

8:07 PM ET

January 12, 2011

Responsa

Marty Peretz: "Jonathan Pollard is not a Jewish martyr. He is a convicted espionage agent who spied on his country for both Israel and Pakistan (!)—a spy, moreover, who got paid for his work. His professional career, then, reeks of infamy and is suffused with depravity"

Adm. Shapiro, head of office of naval intelligence and fellow Jew: "We work so hard to establish ourselves and to get where we are, and to have somebody screw it up... and then to have Jewish organizations line up behind this guy and try to make him out a hero of the Jewish people, it bothers the hell out of me."

An investigation of the case's facts leads one to be skeptical of this article's argument.

 

AVILLA

10:54 PM ET

January 12, 2011

!!!

Did Marty Peretz really write that? THE Marty Peretz? Dear Lord, I am in shock.

Anyway, I agree with the other commentors. The guy is a convicted traitor, spied for foreign countries, and is by all appearances unrepentant. Why is he being treated as a hero? Misplaced priorities, people.

 

MYSTIKIEL

11:52 PM ET

January 12, 2011

Well, 35 members of Congress thought the argument persuasive...

I cannot honestly remember the last time Congress petitioned the president on behalf of a convicted traitor. But I suppose this is the kind of person that America's elected reps work for these days.

You can find a list of the spineless, gormless and feckless here:-
http://www.house.gov/frank/docs/2010/11-18-10-letter-to-president-re-jonathan-pollard.pdf

 

JUSTICE10

12:26 PM ET

January 13, 2011

Congress

Shouldn't our public officials be forced to take an oath to look after the interests of the USA first? Our country is becoming financially and politically completely isolated in the World because of these Israel-firsters in the House. We go and fight their wars in the ME and the Chinese, Turks and the Europeans get all the economic benefits while majority of the World sees us as imperialistic monsters (yes, go and ask anyone even in Zurich, Paris or Berlin and not just in Karachi). Why? Because our foreign policy is hijacked by the Israel-Firsters and we only do what they think is right for Israel. Ironically, increasingly these pathetic policies are not only financially and morally bankrupting us but also endangering the future viability of a safe country for the Jews and turning occupied Palestine into an apartheid theocracy run by a coalition of fake-jewish mobster Russians and religious freaks.

 

SAM FROM CALIFORNIA

8:20 PM ET

January 12, 2011

He should stay in prison

I wonder if the same guys who think that Pollard is somehow uniquely deserving of being released also want to keep other spies such as the Cubans locked up . If you spy for a foreign government, you should get punished. To treat him as special because he's an Israeli spy or a from a particular ethnicity seems perversely racist in this day and age.

On the other hand, like old Soviet spies, he makes for a great barter piece with the Israeli government. Lets tell Bibi that we'll release Pollard when there is peace with the Palestinians? That will give him a nice incentive.

 

JBROCKLE

8:36 AM ET

January 13, 2011

Who knows...

I'd suggest using him as leverage for a settlement freeze, but considering what Israel rejected I doubt it would be enough. (Would anything?!)

 

MYSTIKIEL

9:15 PM ET

January 12, 2011

Coming from Australia...

I am always amazed that it is so easy for politicians to interfere with the judicial process in the United States. In Australia, no political leader has ever granted clemency to a convicted criminal in living memory, and it would be an extremely controversial step particularly if it was taken for political reasons.

I think it would be even worse if clemency was granted as the result of a successful lobbying campaign, as it would send the message to rent-seeking lobby groups that judicially-sanctioned sentences can be overturned as long as you have the ears of the right politician.

Pollard will be paroled in 2015 providing that he commits no further offences, so he only has a few years left anyway. You really have to wonder about the priorities of people that they would go in to bat for a traitor rather than devote their efforts to people who are truly the victims of injustice.

You also have to wonder just how inept some people are at assessing the public mood. Even pro-Israel, conservative Americans think that Pollard is a traitor and should have swung from a rope, and public support for Pollard in the US is limited to right-wing ultranationalist Jews. While most Jewish organisations have been smart enough to leave this issue well alone, a couple have not. Why on earth would they risk losing Israel's remaining non-Jewish supporters in the US for a worthless nobody like this?

 

MALICEIT

1:33 AM ET

January 13, 2011

RE:

How exactly spying for an allied country is different from spying on the enemy country?

 

JFAIR

4:03 AM ET

January 13, 2011

Use him like we would any

Use him like we would any other spy and trade him for something we want.

 

JUSTICE10

12:28 PM ET

January 13, 2011

Trade

...something like for them to leaving us alone and stop stealing our money and arms

 

JAYDEE001

12:34 PM ET

January 13, 2011

I would be in favor of releasing Pollard - on one condition:

that he renounce his citizenship in the USA and immediately immigrate to Israel, where he will no doubt be accorded the hero's welcome that he and his apologists believe he deserves.

Better to get this person out of the US, a country he is no longer committed to serving. Let him live in the coutry to which he really has allegience.

 

AUGUST WEST

12:57 PM ET

January 13, 2011

Spying for allies

So what if Pollard spied for an ally! The Rosenbergs spied for an ally, the USSR. Did that justify clemency for them?

As for Woolsey and the rest of the neocons, they are nothing but neocons. They are the same fraudsters who deceived us into attacking Iraq. They will not deceive us into freeing Pollard.

By continuing to lobby for Pollard's release, Korb is calling his loyalty to the US into question.

We need to keep Pollard locked up for life if only teach Israel and The Israel Lobby a lesson, that they do not dictate all matters of national security to the USA.

 

PJW5552

3:03 PM ET

January 13, 2011

Spies like us!

This the the typical sentences of those citizens caught spying for foreign governments.

Robert Hanssen -- life imprisonment
John Walker -- life imprisonment
Jerry Whitworth -- life imprisonment
Julius and Ethyl Rosenberg -- Death sentences

Now, why is Jonathan Pollard being treated unfairly? Because he is Jewish? Or the estimated 800,000 documents he stole just weren't that valuable.

Israel has shown no respect for its relationship to the US or any regard for our citizens. Does anyone recall the USS Liberty that Israel blew up in the Mediterranean Sea killing 34 American Service members? How about the US-Turkish citizen on the Mavi Marmara -- shot 5-6 times the last shot point blank in the face by Israeli commandos. Israel declared their actions self-defense. He was teenager holding a video camera. How about Rachel Corrie a US citizen crushed by an Israeli D9 Caterpillar for placing herself between IDF and a Palestinian home. She died shortly after they dug her crumpled body out of the dirt, stating "my back is broken".

This request is pretty much what I would expect from Netanyahu. It would be ridiculous for the US to consider his request.

 

KOLDWAR

11:50 AM ET

January 15, 2011

Spies like us!

Well put PJW5552, my thoughts exactly. Pollard is right where he belongs. End of story.

 

JACOB BLUES

5:06 PM ET

January 13, 2011

Ah the haters come out

Hang em' all, dual loyalty, get rid of Israel, etc. etc. etc.
.
.
Korb's comments are apt, individuals who were convicted of espionage on the behalf of a 'friendly' government received lesser sentences. Pollard, who agreed to a plea-bargain, got well more than that. http://en.wikipedia.org/wiki/List_of_American_spies
.
That the US spies on its allies, is hardly a shocker, indeed, the above mentioned USS Liberty was just that, an espiagnage vessel. About 10 years ago, we witnessed a similar situation when a US submarine high-tailed it away from Israel's coastline when interdicted by Israeli navel vessels. Indeed, a former Israeli officer, Yosef Amit, was convicted in the 1980's for spying for the US on Israel.
.
The reality is this, Given that under Pollard's sentencing, he's due for mandatory parole in 2015, we're talking the commutation of his sentence by four years. Of course, President Obama is going to be under heavy scrutiny as long as Casper Weinberger's letter remains sealed and beyond the scrutiny of independent eyes.
.

 

OLIVER CHETTLE

6:40 PM ET

January 13, 2011

He should have been executed,

He should have been executed, that is the only fitting punishment for traitors, then this issue would not arise now.

 

JOHN H

11:51 AM ET

January 14, 2011

Dead End Cause

Pollard spied for a foreign country, and was lucky to avoid a death sentence. I wouldn't draw any distinctions about whether he spied for a 'friendly' country. How friendly is it, to maintain an intransigent policy on occupation and settlements that drags your friend into a maelstrom of violence worldwide in Lebanon, US Cole, Embassy bombings, Sept 11, Iraq, and Afghanistan?

 

CURMUDGEONVT

10:24 AM ET

January 19, 2011

"fairness, justice, and mercy...????"

Sorry, but, Netanyahu talking about "...fairness, justice, and mercy..." nearly caused me to chick on my coffee... Seriously? The brass ones of this guy are simply amazing. As for Mr. Krob...WRONG, WRONG, WRONG. The man was convicted "fairly" of espionage. In my estimation he should have been executed but life imprisonment is sufficient. He should stay where he is FOREVER. He got caught, was tried, and found guilty. EOS. As for Israel being a "friend" of the US - that has been as yet insufficiently proven. But, that's just this old Curmudgeon's opinion...

 

MARIAPAV

8:01 AM ET

January 25, 2011

Because our foreign policy is

Because our foreign policy is hijacked by the Israel-Firsters and we only do what they think cna is right for Israel. Ironically, increasingly these pathetic policies are not only financially and morally bankrupting us but also endangering the future viability of a safe country for the Jews and turning occupied Palestine into an apartheid theocracy run by a coalition of fake-jewish mobster Russians and religious freaks.