Why Jonathan Pollard Is Going to Die in Prison

April 10, 2012 § 5 Comments

In the latest Israeli attempt to get the convicted spy Jonathan Pollard clemency which he does not deserve, Israeli president Shimon Peres has appealed to the White House to release Pollard because Pollard’s health is deteriorating and Pollard’s wife, whom he married after being convicted, does not want to become a widow while he is in prison. As expected, the Obama administration turned down Peres’s request to release Pollard. I wholeheartedly support this decision – Pollard is an unrepentant spy who stole massive amounts of classified intelligence, disgustingly attempted to drag the American Jewish community into his case by turning himself into a cause celebre, and has done an incalculable amount of damage to American Jews by raising concerns about dual loyalty, particularly for those who have deep connections to Israel and want to work for the government in a position that requires security clearance. The entire U.S. security and intelligence establishment is unanimous in its position that Pollard should remain where he is, so much so that George Tenet threatened to resign as CIA director if Pollard was released, and no matter what Pollard’s supporters may claim, this universal hardline position is not motivated by anti-Semitism but by the fact that what Pollard did was unforgivable.

The point of this post is not to go on a rant about Pollard, which I have been known to do at the drop of a hat. Rather, it is to explain why it is that despite the mythical power attributed by some to the pro-Israel lobby, which has made Pollard’s release a priority, there has been and will be no change in Pollard’s status. It is a curious problem for the John Mearsheimers of the world, since if Israel and groups such as AIPAC are able to push the U.S. to take all sorts of actions contrary to its own interests in the Middle East, securing clemency for Pollard should be a relative breeze. Pollard’s cause is not by any means a fringe issue. A list of groups and individuals calling at some point for Pollard’s release includes the Conference of Presidents of Major Jewish Organizations, the Zionist Organization of America, the American Jewish Congress, B’nai B’rith International, the World Zionist Congress, the state assemblies of New York and New Jersey, Arlen Spector, Rudy Giuliani, numerous congressmen and local officials, and both Jewish and Christian religious leaders. It is also notable that despite the high priority assigned by pro-Israel groups to the Pollard case, Congress has never passed a resolution calling for his release, or even calling for his case to be reexamined. Given the conventional wisdom in some quarters that Congress in particular is owned by the pro-Israel lobby, one would at least expect to see Congress pressing for Pollard’s release while successive administrations stand firm on keeping him behind bars.

As I have pointed out in a different venue, the failure of pro-Israel groups to sway politicians in this case is because support for Israel is highly dependent on public opinion rather than on the Israel lobby, and the American public takes a strong position against Pollard and his release. In January 1986, in the aftermath of the Pollard case and a number of other cases involving foreign spies, 75 percent of Americans favored mandatory polygraph tests for government employees handling secret information, 63 percent supported firing any managers who turned out to have spies working under them, and 62 percent were in favor of a mandatory death penalty for anyone caught passing secrets to a foreign government. Clearly, the public was not in a forgiving mood when it came to leniency or clemency for spies, making no distinction between spies for hostile governments or spies for allies.

In addition, the Pollard case affected the way the public viewed Israel in particular. A Harris poll in March 1987 found that while 68 percent of the American people viewed Israel as either a close ally or a friendly nation, versus only 18 percent that considered it to be hostile, it was the second lowest positive score for Israel in the history of the Harris poll to date, and it had dropped 13 points from 1984. There is no public polling data available on the Pollard issue specifically, which is unfortunate because it would make this argument even stronger. It can be assumed though that the general views of the public on how to treat spies are unlikely to have changed, and the sharp dip in positive views of Israel in the aftermath of Pollard’s exposure as a foreign agent is a good indicator that even today Pollard is unlikely to be viewed as a sympathetic figure deserving of clemency. This is a clear case where the weight of pro-Israel groups’ lobbying efforts has run into the wall of public opinion, and politicians have demonstrated that their desire to please voters and guard American national security interests trumps the wishes of the pro-Israel community, no matter how well-organized and well-funded it is.

Keep this in mind the next time you come across the argument that AIPAC controls American foreign policy in the Middle East, or that Netanyahu and other Israeli prime ministers are able to get whatever they want from whichever president occupies the White House at any given point in time. Pollard is a high priority issue, yet there has literally been zero movement on the part of the U.S. to release him despite official requests from respected Israeli leaders such as Peres and Yitzchak Rabin and efforts on Netanyahu’s part to tie peace agreements with the Palestinians to Pollard’s release. Yes, AIPAC and other pro-Israel groups have a lot of sway, but it is because they are pushing on an open door. When public opinion goes the other way on issues of national security, no amount of lobbying, public haranguing, or campaign donations is going to make a difference. What this means is that Jonathan Pollard is going to die in prison, despite the best efforts of many influential and well-connected organizations and individuals to change that basic reality.

Turkey and Buffer Zones Revisited (But Not Reconsidered)

April 10, 2012 § 1 Comment

I haven’t blogged much about Turkey and Syria despite the increasingly heated rhetoric being directed at Assad on Turkey’s part because I still don’t see anything changing the basic fact that Turkey wants to avoid having to establish a buffer zone in Syria at any cost. The shooting over the border by Syrian forces is a serious issue for Turkey, and the new word is that Turkey might establish a buffer zone if Syria massacres civilians that are gathering in camps near Aleppo or if another 25,000 refugees cross into Turkey, both of which are a pretty high threshold to overcome and still do not guarantee that Turkey will actually create a buffer zone inside Syria. The border violation by Syria puts Turkey in a real bind, because Ankara is not going engage in open hostilities with Syrian forces over the killing of two Syrian refugees and the wounding of others inside Turkey’s territory, but to not do so essentially lets Assad call Erdoğan’s bluff and keep on pushing the line further and further. Turkey desperately wants an international solution here, explaining Erdoğan’s blasting of the U.N. and the foreign ministry deriding Kofi Annan’s ceasefire plan as irrelevant, which Turkey hopes will spur stronger action against Syria so that it will not have to back up its noise about taking matters into its own hands. The bottom line here is that Turkey prematurely floated rumors of a buffer zone never intending to actually have to set one up, and now its bluff is being called in a big way. That does not change the fact that Turkey does not actually want to have to send its troops into Syria and risk becoming entangled in a hot war with Assad’s forces, and absent Syria shelling the Turkish border and killing a significant number of Turks, I still maintain that a buffer zone is not going to happen. The Turkish foreign ministry can float as many stories as it wants in Zaman and Milliyet of behind the scenes discussions regarding a buffer zone, but it’s just not in Turkey’s interests to do so, and I’ll believe it is going to happen when I see actual troop deployments taking place. Until then, my prediction will remain unchanged.

Paying Günter Grass More Attention Than He Deserves

April 9, 2012 § Leave a comment

Israeli politicians have had some fun at Günter Grass’s expense, and rightly so. When a former member of the Hitler Youth and (until 2006) secret Waffen-SS member pronounces Israel as the preeminent threat to world peace and then claims that his comments were misunderstood, it is understandable that Israeli leaders fall over each other to see who can denounce him in the loudest and most creative ways. Grass is a buffoon who deserves to be lampooned after drowning himself in the shallowest of foreign policy pools, and it is just the latest reminder of why artists should stick to what they know rather than pontificating on global politics. Now that the piling on is done, Israel cannot just walk away with a win but rather is doing its usual job of beating a dead horse, and doing so quite unproductively. Not to be outdone by his cabinet colleagues, Interior Minister Eli Yishai has announced that Grass is not welcome in Israel, where he now joins an illustrious list including academics Noam Chomsky and Norman Finkelstein and the famed Spanish clown Ivan Prado.

Note that none of these people presents a security threat. They are not terrorists and they are not alleged to have committed violence against Israel. They have all made headlines with nothing more than over the top comments and positions on Israel, and by banning them from the country, Israel guarantees them a renewed dose of attention and notoriety. Instead of letting them fade away into irrelevance as they twist themselves into verbal knots and increasingly outrageous positions, Israel makes sure that everyone knows who they are by responding to their taunts and then loudly and publicly barring them from entering Israel’s borders. Furthermore, Israel’s overreactions occasionally blow up in its face by embroiling other countries in what should be a contained dispute. Prado, who is both literally and figuratively a clown, was deported immediately after landing in Israel and deemed a security threat, which would be funny if it hadn’t created needless rancor between Israel and Spain and made Israel look like a bully abroad. With Grass, Israel has again overplayed its hand, prompting a predictable response today from the German Health Minister who called out Israel’s banning of Grass as “utterly exaggerated.”

Democracies need not be afraid of critical speech. The proper response to someone such as Grass is not to grant him martyr status on the left by meeting his childish and ill-informed words with overwhelming and disproportional force. It is to spend a day pointing out the absurd inconsistency of his position, remind everyone that former Nazis are not particularly well-suited to criticize the actions of the Jewish state, and then move on. If Grass wants to come to Israel and make an even bigger fool of himself, then by all means let him do so. Treating him as if he is a dangerous figure worthy of Israel’s concern rather than a comical imbecile to whom no further attention should be paid is precisely the type of Israeli response that always backfires in the end.

Israeli Checks and Balances

April 9, 2012 § Leave a comment

The U.S. is not the only place where there is currently a dispute between the government and the courts over the proper scope of judicial review. Israeli Justice Minister Yaakov Neeman has proposed a bill allowing the Knesset to reintroduce and pass laws that have been invalidated by the High Court with a majority of 65 MKs (the Knesset has 120 members, so this more than a simple majority but far from a supermajority). According to the bill, during the first period following its passage, only a regular majority of 61 would be required to overrule the High Court, and the duration of the “first period” is not defined which means that the higher number of 65 might potentially not ever kick in.

The philosophy behind such a bill might seem problematic at first glance, but the notion that the High Court should have the absolute final say is not an ironclad rule of democratic governance. As of now, there is no mechanism to annul an Israeli High Court decision, which gives an unelected body an enormous degree of power and upsets the principle of checks and balances. In the U.S., for instance, a Supreme Court ruling on the unconstitutionality of a law can be undone through a constitutional amendment which then puts the law beyond the scope of the Court’s authority. This means that the judiciary is able to check legislative excesses that violate the Constitution, but a mechanism remains to make a popular measure constitutional if it can clear the extremely high bar of passing by a vote of 2/3 in both the House and Senate and being ratified by 38 out of 50 states. In Israel, however, there is no written constitution and therefore such a process is unavailable. In Britain, the Supreme Court only has limited judicial review and cannot overturn many forms of parliamentary legislation, which is essentially the opposite of the current state of checks and balances in Israel. The proposed Justice Ministry measure is an effort to move Israel away from the extreme pole of judicial supremacy that it currently occupies and closer to the U.S. model of having a legislative override.

Of course, the glaring problem with this comparison to the U.S. is that the specifics of the bill do not create a presumption of a final say for the High Court since the standard for override is barely higher than what is required to pass a bill in the first place, and due to the ambiguity of the proposal may not be higher at all. The principle behind this proposal is a good one given that the balance of power is currently tipped entirely away from the legislature and toward the judiciary, but the devil is in the details, which in this case arise due to the nature of the Netanyahu coalition. The High Court has recently weighed in on some high profile issues – the Tal Law, the Migron evacuation, etc. – which puts pressure on Netanyahu and Likud to do something to mollify both the ultra-Orthodox and settler coalition partners, and this seems to be their best bet. It will also be popular with right wingers who abhor the High Court in general and want to put it in its place. In many ways the specifics of the proposal make it clear that this is less about creating a democratic balance between two branches of government and more about punishing the High Court for its recent decisions.

The other important point to note here is that Ehud Barak has come out strongly against the proposal, adding further strain to the relationship between him and Netanyahu that is already in the news over their clashing statements on Israel’s position toward the P5+1 nuclear talks with Iran. As I noted last week, events are coming to a head in the Netanyahu-Barak partnership that call into question how much longer it can survive, and the High Court proposal is just the latest wedge that is creating a fissure between the prime minister and the defense minister.

China Will Test Turkey’s Notion of Virtuous Power

April 9, 2012 § Leave a comment

Prime Minister Erdoğan and Foreign Minister Davutoğlu arrived in China today for the first visit by a Turkish PM in nearly three decades, with the aim of increasing trade and business ties including sealing the deal with China for it to build Turkey’s second nuclear power plant (the first is being built by Russia). A stronger relationship with China is undoubtedly good for Turkey’s economy and Chinese investment in Turkey will help to maintain Turkish growth, particularly given the fears of a hard landing raised by Turkish economic performance in the last quarter of 2011, which dropped off considerably from the first three quarters. Closer ties with China will, however, present a different sort of problem related to Turkey’s growing influence in global politics.

Sunday’s article in Zaman about Erdoğan’s visit to Xinjiang noted Turkey’s hard line against Muslim Uyghur separatists and Turkish support for Chinese territorial integrity. This in some sense a difficult position for Turkey to take given the large contingent of Turkish Uyghurs, but in another sense it is reminiscent of Turkey’s position on its Kurdish population, as Turkey too wants to avoid a separate Kurdistan at all costs and thus is sympathetic to Beijing’s position. On other high profile issues involving the global community, however, China and Turkey are moving in separate directions. China has been following Russia’s lead in blocking a stronger international response led by the U.N. to the fighting in Syria, which puts it directly at odds with Erdoğan’s call for Assad to leave and his condemnation of the U.N. for not doing more to protect civilians from Assad’s brutality. There is virtually no chance of China coming along to Turkey’s position given China’s championing of the principle of absolute sovereignty and opposing all interventions on humanitarian grounds, which is one of the bedrocks of Chinese foreign policy. On Iran, Turkey seems to be slowly moving closer to the West’s position of suspecting that Iran’s nuclear program is not solely a civilian one, and this too puts it at odds with China.

For the Turkey of ten years ago, these differences with China would not matter. Turkey would have been happy to discuss little but increased trade and economic opportunities and left it at that. The Turkey of 2012 though has ambitions to be a global power, and has inserted itself quite starkly into the forefront of both the Syrian and Iranian issues. In addition, President Gül last week announced a new Turkish defense doctrine of being a “virtuous power,” and subsuming humanitarian issues in Syria or possible nuclear intransigence in Iran to new opportunities for Turkish business presents a conflict with this idea of incorporating justice and human values into foreign policy. This is a tough balancing act for Turkey to pull off, and it is one instantly familiar to anyone who has studied American foreign policy in the post-WWII era. The U.S. often finds its values and its interests at odds, and the trick is finding a way to reconcile the two and emerge with a foreign policy that advances the latter without entirely selling out the former. As Turkey becomes a larger and more responsible geopolitical player, it will find itself running into this problem with increasing regularity, and it will be interesting to see if Davutoğlu and Gül, who both often speak in the language of justice and virtue with regards to foreign policy, continue pushing these ideas over the next decade as Turkey faces an array of contradictions that it has largely avoided in the past. These next few days in China will particularly bear watching to see how Erdoğan and Davutoğlu reconcile their desire to gain Chinese cooperation on Syria with their push for Chinese investment in Turkey and a larger market for Turkish manufacturing.

A Foreign Policy Based on Personal Slights

April 6, 2012 § Leave a comment

Turkey’s patience with Iran appears to be running out. Erdoğan finally voiced the conclusion yesterday that the rest of the world has suspected for some time, namely that Iran is being less than forthright about its nuclear program. Erdoğan accused Tehran of not being being honest and of trying to sabotage the P5+1 nuclear talks before they begin by purposely suggesting venues that it knows will not be acceptable to the countries on the other side of the negotiating table. It seems that the PM received personal assurances from Khameini and Ahmadinejad while meeting with them last week that the Iranian nuclear program is benign and intended only for civilian purposes, and is now infuriated that after talking to Iranian leaders face to face they are refusing to hold talks in Istanbul and trying to delay negotiations. Erdoğan’s anger is reminiscent of what first led to the downgrade in Turkey’s relations with Israel, when Erdoğan felt personally insulted that Israel launched Operation Cast Lead without warning immediately after Erdoğan had met with Olmert to broker a peace deal with Syria. Turkish officials still routinely mention how betrayed and humiliated Erdoğan felt, and this residual anger is contributing as much as anything to the continuing feud between Israel and Turkey.

On the one hand, it is a positive thing that the Iranian leadership has shown its true colors and cost itself Turkey’s support. Turkey stood out as a NATO member and staunch Western ally insisting that Iran’s intentions were peaceful and that it should be given the benefit of the doubt, and if Turkey moves away from a trust-but-verify position regarding Iran, it will put more pressure on the Iranian government and hopefully avert a strike on Iranian nuclear facilities. It is not, however, a generally good idea to conduct foreign policy based on Erdoğan’s personal relationship with world leaders. Certainly it is not good for either Israel or Turkey to have downgraded their relationship so rapidly and intensely, and while there are of course many other contributing factors, Erdoğan’s bruised feelings drove the initial tension between the two countries. On Syria, Turkey lagged behind at the beginning and felt that Assad could eventually be brought around, which was due to the friendship between the countries’ leaders. The Turkish 180, culminating in the call for Assad to step down, was again partially the result of Erdoğan feeling betrayed by Assad’s lies to him about his intentions and repeated broken promises to stop killing civilians. Much like with Iran, the end result is a good one, but the delay in getting there resulted from a personal relationship between the PM and another world leader, and only once the personal relationship deteriorated did the policy shift. As Mehmet Ali Birand points out in Hurriyet, Turkey takes Iran’s words at face value, and Davutoğlu returned from Iran convinced that the Iranian leadership was being truthful and forthright. It is thus unsurprising that Erdoğan and Davutoğlu would now feel stabbed in the back, but it shouldn’t have taken a personal betrayal for them to wake up to the fact that Iran is not exactly a blameless actor. As Turkey takes on a greater geopolitical role and unveils its new “virtuous power” defense doctrine, it should take greater care to let objective analysis be the controlling factor at all times rather than passion and personalities.

And Aside From the Armed Revolt, Assad Is Having a Pretty Good Year Too

April 6, 2012 § 2 Comments

Bibi Netanyahu gave an interview to Haaretz on Wednesday where he dismissed the concerns over growing inequality in Israel – it is in the bottom three of IMF countries and bottom four of OECD members with the largest gap between rich and poor – because Israel is “in great shape” if you don’t take into account Haredim and Israeli Arabs. This statement bends the limits of credulity given that the latest IMF report on Israel specifically mentions integrating the Haredi and Arab sectors into the economy if Israel is to maintain its high growth. This summer’s upcoming social protests are also expected to focus on Haredi military exemptions and the drain on state resources through Haredi subsidies and special provisions, so dismissing the Haredim and Arabs out of hand as if they are a small and simple problem to be easily overcome is hasty at best and irresponsibly negligent at worst.

Netanyahu’s cavalier treatment of Israel’s inequality issue is also curious given the report issued by Israel’s Central Bureau of Statistics in March. The CBS forecasted that there will be an additional 350,000 Haredi Jews and an additional 300-400,000 Arabs in Israel’s population by 2019, and that by 2059 the Haredi population will equal the non-Haredi Jewish population. If this forecast is correct, then Netanyahu’s dismissing these two segments of the populace and insisting that Israel is in reality doing well on measures of inequality is dangerously off-base. Furthermore, the insistence that mainstream Israelis are not suffering from inequality is going to do him no favors politically as socially minded Israelis gear up for a repeat of last summer’s protests that rocked the country. The people that flocked to Rothschild Boulevard and erected tent cities across the country came primarily from the secular Jewish majority that Netanyahu needs to reassure, and Shaul Mofaz’s strategy of using social justice issues to bludgeon Netanyahu with is only going to ensure that Bibi’s comments are not soon forgotten. Many Israelis would take great exception to the claim that Israel is in great shape when it comes to inequality, and the CBS forecast confirms that the problem will only get worse as the Haredi and Arab populations grow relative to the rest of Israel. Netanyahu meant to reassure both domestic and international audiences that he has the problem under control, but his comments actually underscore that he believes he can ignore Israel’s economic gap and that he has no real strategy to correct what should be a pressing concern.

Where Am I?

You are currently viewing the archives for April, 2012 at Ottomans and Zionists.

Follow

Get every new post delivered to your Inbox.

Join 4,873 other followers

%d bloggers like this: