Eight Comments On A Fundamental Miscarriage Of Justice 1. When it comes to the Jonathan Pollard affair, Pollard, the United States and Israel have all acted reprehensibly and deserve strong criticism for their behavior and actions. Pollard long ago paid the price for his crime. The U.S. and Israel have not taken responsibility for their wrongful actions.
2. There are some American Jews who still offer rationalizations for Pollard's spying for Israel. They shouldn't. It should be clear that an American intelligence analyst with access to classified information cannot pass that information on to a foreign country. Pollard deserved to be punished for his spying for Israel, even if it was motivated by Zionist ideals that are in themselves seen as highly valued and laudable.
3. Pollard cooperated with the U.S. government. Indeed, the government affirmed that Pollard's cooperation was "of considerable value" and agreed to recognize such cooperation at sentencing.
Instead, the government submitted a scathing memorandum by Defense Secretary Caspar Weinberger accusing Pollard of treason, a crime with which Pollard was not charged, and which in any event only applies to spying for enemy nations.
Pollard received a life sentence with a recommendation against parole.
4. Congressman Anthony Weiner and others who have seen Pollard's classified file have stated that nothing in the file justifies a life sentence. Weiner explained: "There's nothing in the Weinberger memo that speaks to Jonathan's spying for anyone else - which is one of the things that many of our opponents have thrown up as a canard: that he spied for China or for whomever else - that's not in there."
Even Weinberger later stated that Pollard was not of much significance. When asked why Pollard did not appear in his memoirs, Weinberger said: "The Pollard matter was comparatively minor. It was made far bigger than its actual importance."
5. In his opinion on Pollard's appeal, D.C. Circuit Judge Stephen Williams said that "the government's breach of the plea agreement was a fundamental miscarriage of justice" and found that "Pollard's sentence should be vacated and the case remanded for resentencing." However, the appellate court ruled 2-1 against vacating Pollard's sentence.
6. During the negotiations between Israel and the PA at Wye in 1998, Prime Minister Netanyahu requested that President Clinton agree to clemency for Pollard. According to both Netanyahu and Natan Sharansky (who also participated in the Wye talks), Clinton agreed but reneged at the last minute only after Israel committed to cede 13 percent of Judea and Samaria to the PA. Later, Clinton agreed to consider the possibility of granting clemency to Pollard. Instead, at the request of Prime Minister Barak, he pardoned Barak's friend, Marc Rich.
7. As for Israel, its behavior toward Pollard was a disgrace. Israel denied Pollard asylum at its U.S. embassy, instead claiming for years that Pollard's actions were not on behalf of Israel but were "a rogue operation." For 13 years, Israel continued to maintain this farce. Only in 1998 did Prime Minister Netanyahu concede that Pollard spied for Israel, and openly request his release. Prime Ministers Barak and Sharon did little but pay lip service to the idea of Pollard's release.
8. Most ironically, the Prime Minister at the time of Pollard's arrest - Shimon Peres - and Pollard's Mossad handler - Rafi Eitan of the new Gil retirees party - will both have leading roles as cabinet ministers in the new Israeli government. Since Pollard's arrest 21 years ago, Peres has won a Noble Peace Prize and been feted by the international community, while Eitan has made millions in business ventures in Cuba.
posted on 4/24/2006
