The last time I wrote about Jonathan Pollard was two years ago after Shimon Peres made a personal appeal to President Obama for Pollard’s release, an appeal that was thankfully turned down. I had hoped to never have to waste even a minute of my time on the subject again, but the U.S. is now reportedly considering releasing Pollard in exchange for Israel agreeing to extend the current peace talks through 2015 and to enact a partial settlement freeze. Pollard’s release would also be accompanied by Israel releasing an additional 400 Palestinian prisoners on top of the ones whom they already agreed to release.

Let’s start with Pollard himself. What directly prompted my blog post last time was Gilad Shalit’s father publicly offering his support for Pollard’s cause to Pollard’s wife, and now Gilad Shalit himself has sent a letter to Obama requesting clemency for the unrepentant spy. While I understand Shalit’s personal sympathy for someone who has spent an extended period under lock and key, the comparison between Pollard and Shalit is odious. What I wrote two years ago has not changed one iota, and so I am going to reproduce it once again in the next paragraph as a handy reminder of why Pollard and Shalit do not belong in the same universe, let alone the same sentence.

Shalit was a 19 year old conscript captured by a terrorist organization that illegally breached the border fence and abducted him on Israeli territory. Pollard was a 31 year old civilian analyst who committed espionage in exchange for cash and jewelry and pled guilty to spying against his own country. Shalit’s actions were in no way responsible for his abduction (and please, spare me the noxious theory that all Israeli soldiers everywhere are legitimate targets no matter the circumstance) and he was not engaged in any hostilities against his captors at the time of his being taken hostage. Pollard’s actions are directly responsible for his imprisonment, as he stole classified information and passed on thousands of documents to a foreign government. Shalit was held in terrible conditions in violation of the Geneva Conventions and despite calls from the U.N., the Red Cross, the G-8, and individual countries for his immediate and unconditional release. Pollard is a legitimate prisoner under the laws of the United States and in accordance with international norms, is housed in safe and sanitary conditions in a medium security federal prison, and no international governmental organizations or human rights groups have called for his release. Shalit was illegally held by Hamas as a hostage for the sole purpose of extorting Israel into complying with Hamas demands and not because Shalit had any information or intelligence that would be of value to his abductors. Pollard is alleged by the U.S. to have an unacknowledged accomplice (according to former Israeli Deputy Foreign Minister Danny Ayalon) and the precise details of everything that Pollard passed on are still unclear. Shalit did not have to express remorse for his actions because he took no actions at all. Pollard remains unrepentant for spying against his own country. Shalit has been an Israeli citizen from birth, embraced both de facto and de jure by his country by virtue of being unambiguously and openly sent by Israel to serve in the military. Pollard did not become an Israeli citizen until 1995 after he had been arrested, convicted, and imprisoned, and Israel did not admit until 1998 that he was working on Israel’s behalf with its full knowledge and authorization. Shalit’s abduction did not subject any of his fellow citizens to additional danger or peril, nor did it damage Israel’s relations with any other country. Pollard’s spying cast serious aspersions on every Jewish citizen of the United States and created a backlash against Israel in the U.S. intelligence community. Shalit is an innocent kid who was held hostage by terrorists. Pollard is a traitorous spy who is wholly deserving of remaining in jail.

Even all of this aside, which should be more than enough reason to leave Pollard exactly where he is, releasing Pollard in the context of current negotiations is a terrible mistake. Pollard himself has nothing to do with an Israeli-Palestinian peace deal. He is not being held by the Palestinian Authority or Hamas, his actions were in no way related to the conflict, and his status should be completely unrelated to the talks. That the Israeli government would link his release to its own willingness to resolving a wholly separate issue is shameful. If Israel does not think that it is in its own best interests to continue negotiating or if it genuinely believes that it has no reliable partner across the table, then it should end the negotiations irrespective of what the U.S. offers since to do otherwise would be to take a concession in bad faith. Conversely, if the Israeli government believes that negotiations stand a good chance of success and that a deal with the Palestinians would be in Israel’s best interests, then it is monstrously dumb to link the willingness to keep on talking to Pollard’s release. Pollard is a factor that has no impact at all on the substance of a deal. His remaining in prison or his walking out a free man will not make Israel any safer or any more trustful of the Palestinians, and so using him as a reason to either keep negotiating or cease negotiating makes absolutely no sense at all from a substantive perspective. Were I the U.S., I would call this bluff without blinking.

Furthermore, if the negotiations are going so poorly that Israel will only agree to keep them going if Pollard is let out, then the two sides stand very little chance of coming to an agreement. That being the case, why release Pollard for such an ephemeral concession? Were the talks in their end stages and Israel needed a small push to get over the finish line, then the logic would make more sense, but Israel agreeing to extend the talks for another nine months and not issuing any new housing tenders in the West Bank in return for Pollard more likely than not means that the two sides will waste another nine months and then return to the status quo ante. This is a move that absolutely reeks of desperation on the Obama administration’s part, and it shows. John Kerry pretty clearly wants this to succeed more badly than either of the two actual parties to the conflict, and he is willing to do anything to advance the ball inches down the field. That is admirable tenacity, but in this case his tactic is a mistake that is not going to lead to any long term success.

I have no inside information as to how close Pollard’s release is to actually happening, but my best guess is that the administration leaked this as a trial balloon to gauge the reaction from the national security community and from the American Jewish community. I hope that the people at the Pentagon, CIA, and other agencies freak out over the news, make a big public stink, and Pollard remains locked up. His release will only cause problems for the American Jewish community, will not advance the cause of peace, and will create a terrible set of incentives for both the Israelis and the Palestinians that as long as they commit to a process, irrespective of any real progress, they can ask for any outrageous concession they want and will likely get it.

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