Leave Pollard Where He Is

April 1, 2014 § 19 Comments

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.

Jonathan Pollard Is Not Gilad Shalit

April 11, 2012 § 1 Comment

I cannot believe that I am writing about Jonathan Pollard for the second time in as many days, but today’s news from Pollard land is that Gilad Shalit’s father Noam met yesterday with Pollard’s wife Esther to offer his support. Noam Shalit believes that Israel must do more on Pollard’s behalf since the state sent him into action and it is therefore the state’s responsibility to bring him back home. Gilad Shalit himself signed a petition last week asking Shimon Peres to press the Pollard issue with President Obama.

Undoubtedly, it will not be long before Pollard’s supporters begin equating his situation with that of Gilad Shalit’s and begin using stronger language about the state’s duties toward him, asking why Israel paid such a high price for rescuing Shalit from his captives but is not willing to go out on a limb for Pollard. In the interests of grounding such comparisons before they even take flight, let’s review some basic facts. 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 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.

Gilad Shalit has gone through more than any person should rightfully be subjected to, and he has earned the right thousands of times over to hold and express any opinion he chooses without being questioned by anyone. The Shalit family, however, is doing itself a disservice by associating itself with Pollard. Gilad Shalit is in a completely different universe than Jonathan Pollard, and anyone who fully equates the two has a gross misunderstanding of who Pollard is and what he has done.

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.

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