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Let Pollard Go
- Jerusalem Post Editorial
November 21, 2001
It was 16 years ago today that
Jonathan Pollard, an American Jew working as a
US Navy intelligence analyst, went to jail for the
crime of passing classified information to Israel.
Though Pollard's crime was serious and briefly cast
a shadow over US-Israel relations, justice demands
that he now be set free.
Without minimizing the gravity of Pollard's actions,
the fact is that allies occasionally spy on each other,
whether for political, military, or industrial gain. But
while in other instances, those caught engaging in
such "friendly espionage" are briefly detained,
Pollard was sentenced to life in prison without
parole, a term unprecedented in severity.
Indeed, the sentence violated the plea bargain
agreed to by the US Justice Department and
Pollard's attorney. Pollard was never indicted for
harming the United States and was never charged
with treason. The one count against him - that of
passing classified information to an ally, without
intent to harm the US - has never resulted in a life
sentence for any other person. And while the
median sentence for this offense is generally two to
four years, even agents who have committed far
more grievous offenses on behalf of hostile
countries did not receive the same treatment
accorded to Pollard.
In recent years, the Pollard issue has brought
together a unique constellation of figures calling for
clemency. Legal luminaries, such as Alan
Dershowitz and Irwin Cotler, have been outspoken
in their support for releasing Pollard, and the issue
has cut across ideological and political boundaries
here. Last year, in an unusual joint letter, Binyamin
Netanyahu and Ehud Barak wrote: "Concerning Mr.
Pollard, the people of Israel and virtually all its
political parties stand as one."
Though upon Pollard's arrest, Israel initially sought
to distance itself from the affair, claiming that it was
conducted as a "rogue operation," the past decade
has seen a dramatic shift in that position. In
November 1995, Israel granted Pollard citizenship,
while in May 1998, the Netanyahu government
issued a statement recognizing Pollard as an
Israeli agent and accepting full responsibility for
him. All prime ministers from Yitzhak Rabin onward
have appealed to successive American
administrations to grant clemency, but none of
these efforts have borne fruit. The closest Pollard
came to being released was a promise made by
Bill Clinton to Netanyahu at the Wye summit in the
fall of 1998 that in exchange for signing the deal,
Netanyahu would be able to take Pollard back
home in freedom. Unfortunately, at the last minute,
Clinton reneged.
To mark the anniversary of Pollard's incarceration,
the Knesset will hold a special session this morning
at which speakers from across the political
spectrum - including the Likud, Labor, Meretz,
Shas, National Religious Party, Yisrael Ba'aliya,
and the National Union - will all voice support for his
release. In addition, former Sephardic chief rabbi
Mordechai Eliahu will address a gathering in
Jerusalem this evening on the subject.
There is no denying that Pollard violated the trust of
his employer, the US government and took the law
into his own hands by providing Israel with
intelligence information he deemed crucial to its
national security. Indeed, Pollard himself wrote of
his "deep remorse" in a letter to Clinton last year.
But there is also no denying that serving 16 years in
prison, including seven years in solitary
confinement, is more than enough to atone for his
debt to society.
At a time when the US is engaged in a war on
terror, the lines between friend and foe have never
been clearer or more unambiguous. As a close ally
of America, Israel has been asked by the Bush
administration to make certain sacrifices on behalf
of the greater good. It is only fitting, then, that
America respond in kind and make a gesture of
goodwill to the Israeli people, all of whom wish to
see Jonathan Pollard free in Jerusalem. Pollard did
the crime, and he has done his time. It is now time
for America to let him go.-30-
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