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Editorial
See other Editorial Articles

Title: Pollard’s fate
Source: JP
URL Source: http://www.jpost.com/Opinion/Editorials/Pollards-fate-331098
Published: Nov 10, 2013
Author: JP Editorial
Post Date: 2013-11-10 12:54:16 by scrapper2
Keywords: NSA spying=Pollard, US govt
Views: 361
Comments: 25

Recent revelations of unbridled American espionage against its Western allies have exposed the hypocrisy and injustice that have kept Jonathan Pollard in prison for nearly three decades.

Washington has always presented Pollard’s unprecedented life sentence, including seven years in solitary confinement, as a reasonable response to Israel’s unmitigated gall for running a spy in the US. Successive American administrations have consistently maintained a morally superior posture, posing as the injured party, insisting on perpetuating the excessive punishment of Israel’s agent.

Although Israeli officials have been aware of American agents operating in Israel for decades, they have never openly confronted the US.

Israel’s inexplicable cooperation notwithstanding, recent revelations of the US’s massive spy operations against 35 friendly nations (including Israel) have blown America’s cover and brought to light an egregious double standard and a stunning example of American hypocrisy. Nowhere is this hypocrisy more blatant than in America’s treatment of Jonathan Pollard. This has prompted many who have never done so before to begin calling for his release.

Next week, Pollard begins his 29th year in prison for the crime of spying in the United States for the benefit of Israel.

He never passed a single secret about America to Israel – only information about Israel’s enemies and their plans to destroy the Jewish state.

Although the US judiciary is presumed to be independent of the political echelon, in reality it is not that simple.

• A grossly disproportionate sentence,

• A broken plea agreement,

• The use of secret evidence,

• A false charge of treason,

• Ineffective assistance of counsel,

• Ex parte communication between prosecutors and judge,

• A lack of due process, and

• A sentencing procedure infected by false allegations and lies.

Cal Thomas, whose column is syndicated in 550 American newspapers and whose voice is heard on more than 300 American talk shows, wrote in USA Today last week: “President Obama should order the release of Jonathan Pollard, who is serving a life sentence for spying in the US on behalf of Israel."

“If everyone who spied on us and we on them went to prison, no one would have any spies left,” he wrote.

Thomas’s argument seems to suggest that two wrongs can make a right: The US did wrong. Pollard did wrong. If the US can be forgiven, then Pollard must be forgiven.

Normally this kind of logic does not apply, but this time it must. Pollard’s life sentence is the longest, harshest sentence in the history of the United States for the one count of passing classified information to an ally with which he was charged. The usual sentence is two to four years.

The US government’s own damage assessments, now declassified, put the lie to allegations of damage against Pollard. Even Caspar Weinberger, the former US defense secretary who drove Pollard’s life sentence, recanted before he died, admitting that the case against Pollard was greatly exaggerated.

Nevertheless, Pollard has not been able to receive justice in the United States for nearly three decades. All indications are that he never will. Nor has any humane consideration ever been extended to him because of his failing health.

Perhaps righteous indignation will be effective where justice and humanity have failed. If enough of a ruckus to free Pollard is raised now by all those who, like Cal Thomas, find the American administration’s hypocrisy hard to stomach, then indeed, there may be enough momentum created to motivate Pollard’s release.

Pollard’s petition for executive clemency – his final hope – has been sitting on Obama’s desk since October 2010. All it requires is a stroke of the president’s pen.

Speaking at a security conference in New York last week, former CIA director James Woolsey renewed his long-standing call for Pollard’s release. Asked if he had a message to send to Obama, Woolsey responded that he would tell the president to forget that Pollard is a Jew and just release him. Indeed.

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Poster Comment:

"...recent revelations of the US’s massive spy operations against 35 friendly nations (including Israel) have blown America’s cover and brought to light an egregious double standard and a stunning example of American hypocrisy. Nowhere is this hypocrisy more blatant than in America’s treatment of Jonathan Pollard. This has prompted many who have never done so before to begin calling for his release."

Agree? Disagree?

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#2. To: scrapper2 (#0)

Pollard passed intelligence to Israel that they gave to the Soviets in exchange for more Jewish immigrants. That information got 1,000 American assets (foreigners working for the CIA) killed. There is a big difference between that reading all the emails in the world. And besides those 70 million phone calls from France were sent to Israel before they shared them with us.

If Obama freed Pollard that would really anger the people that matter in the 17 US spy agencies and in the military. That would be a good thing considering we might be headed to a coup, martial law or a Civil War.

Horse  posted on  2013-11-10   13:15:19 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#5. To: Horse, All (#2)

Good points about why Pollard's actions are not equivalent to spying. Pollard stole an extraordinary amount of classified documents - he betrayed America (his country!) and American assets at a level that rises well above criminality.

It's insulting to us all that Woolsey insinuates that anti-Semitism is the reason for Pollard's lengthy incarceration (" he would tell the president to forget that Pollard is a Jew and just release him"). Woolsey conveniently forgets the fact that in 1988 the AJC's independent investigation proved that anti-Semitism allegations were INVALID.

www.trutv.com/library/cri...ies/spies/pollard/12.html

snip

"...in 1988, the American Jewish Congress investigated the Pollard case and concluded that anti-Semitism was not a factor. Said Phil Baum, their executive director, "We made an independent effort and we could not document any charges of anti-Semitism, no evidence that he was treated differently."...

Here's more on all the treachery committed by Pollard. Pollard is no ordinary spy!

www.washingtontimes.com/n...llard/?page=all#pagebreak

snip

... Joseph DiGenova, the former U.S. attorney who prosecuted the case, said Tuesday that Pollard was a spy who was paid and who tried to entice others to join his operation.

Mr. DiGenova said Pollard received about $500,000 a year plus expenses for giving intelligence documents to Israeli agents.

“By the time he was caught, he caused enough damage to U.S. intelligence that, according to the Defense Department, it cost between $3 billion and $5 billion to fix because of what he compromised,” Mr. DiGenova said. “That the country he spied for is seeking clemency is not only unprecedented, it is a joke.”

According to court documents and former intelligence officials close to the case, Pollard was rejected for a post at the CIA in 1977 and two years later went to work as a civilian intelligence analyst for the Navy.

...Pollard was able to walk out of his office with thousands of pages of classified intelligence documents because of poor security at the Naval Investigative Service headquarters in Suitland, Md.

Officials said at the time that the documents revealed information about the identities of U.S. and allied agents and electronic eavesdropping programs, as well as data that compromised codes used in secret communications....

...Mr. Clinton wrote in his memoir that “for all the sympathy Pollard generated in Israel, he was a hard case to push in America; he had sold our country’s secrets for money, not conviction, and for years had not shown any remorse. When I talked to [National Security Adviser] Sandy Berger and [CIA Director] George Tenet, they were adamantly opposed to letting Pollard go, as was [Secretary of State] Madeleine Albright.”

Mr. Tenet at one point threatened to resign if Pollard was granted clemency, according to Mr. Tenet’s memoir...

Here's an interesting short debate that took place on CNN in 2012 between Rep. Eliot Engel (who wants Pollard released) and Joseph DiGenova, the US prosecutor in the Pollard case.

www.youtube.com/watch?v=OBAIPSEbW9w

Here's a summary of the debate from Philip Weiss's blog:

mondoweiss.net/2012/06/wh...d-applied-for-parole.html

snip

...The remarkable aspect of this exchange: Engel stuck robotically to his script – Pollard received the harshest sentence ever for someone spying for a “friendly” country. The gestalt: Pollard is the victim and so is Israel, because the U.S. was holding out on them on vital intelligence.

Watching Engel was pathetic because he clearly had no depth on this issue. Di Genova set him straight on a lot of the facts that he had wrong about the case, especially the late Caspar Weinberger’s role in the harsh sentence. What was even more interesting, from my view, was the effect Engel’s behavior had on di Genova. My sense is that di Genova at the beginning of the exchange was sort of sympathetic to the view that Pollard had served enough time – recall as prosecutor he was willing to let Pollard cop a plea for less than the maximum sentence but the judge in the case ignored his recommendation and imposed it. But by the end of the exchange, di Genova was so ticked off with Engel’s bloviating on this issue that he had clearly shifted to the “let Pollard rot camp.”

Di Genova pointed out that Pollard has never applied for parole. My sense is that he has not done so because he would have to agree to work with the Intelligence Community on a damage assessment. He also pointed out that Pollard had secretly taken Israeli citizenship and $500k in exchange for a 10 year deal with the Israelis to keep spying. Finally, what di Genova did not mention, but I have read and heard from very senior counterintelligence people involved in the case, is that our “friend” Israel took some of the most sensitive material Pollard gave them and traded it to the Soviets in exchange for the release of Soviet Jews.

For intelligence professionals, the Pollard case is like the Liberty attack: An open sore that the lobby keeps picking....

scrapper2  posted on  2013-11-10 16:34:15 ET  Reply   Untrace   Trace   Private Reply  


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