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Jonathan Pollard & America

Jonathan Pollard & America

Pollard should have been released years ago because discrimination and unfairness are anti-American ideas.

by

America is far from being an anti-Semitic country. In fact, it might be the first country in Jewish history where it’s actually “cool” to be Jewish. That’s one reason I’ve been so reluctant over the years to weigh in on the Jonathan Pollard affair – I’m so in love with this country and all it’s done for the Jews that the last thing I want is to appear ungrateful or, worse, disloyal.

Having said that, however, after a while it gets harder and harder to ignore what looks like blatant discrimination against a Jewish man who in 1987 pleaded guilty to spying for Israel. How else to explain the U.S. government’s harsh treatment of Pollard?

Of the millions of things that have been said about this case, one fact, for me, stands out the most: The government reneged on the deal it made with Pollard.

This point was flagrantly absent in a recent New York Times op-ed written by M.E. Bowman, a U.S. official directly involved in the Pollard case who continues to defend Pollard’s life sentence.

As Alan Dershowitz responded on the Times’ Web site, “M.E. Bowman fails to tell his readers that when Mr. Pollard entered into his plea bargain, the United States government solemnly represented to the court that a sentence of less than life imprisonment would satisfy the needs of justice.”

Nothing Bowman writes in his editorial explains or even refers to this injustice.

“That solemn representation,” Dershowitz writes, “was the quid pro quo for Pollard’s plea of guilty. It violates both the letter and the spirit of that plea bargain. For Mr. Bowman, who was a justice department official at the time, now to urge that Pollard must serve the life sentence imposed on him by the court despite the government having sought a sentence that Pollard has already completed.”

Of course, based on historical and legal precedent, it made plenty of sense for prosecutors not to seek a life sentence for Pollard.

As historian Gil Troy documented a few years ago, “Spies for other allies, like Saudi Arabia, South Africa, Egypt and the Philippines, served anywhere from two to four years, with maximum sentences of 10 years.”

Even two American traitors who spied for the Soviet enemy during the Cold War, Sgt. Clayton Lonetree and FBI agent Richard Miller, served sentences of nine years and 13 years, respectively.

The well-known story that former Defense Secretary Caspar Weinberger had it in for Pollard and pushed for a life sentence with the sentencing judge may explain the government’s betrayal, but it hardly justifies it.

So, given that Pollard is now serving his 29th year behind bars, it’s not paranoid for Troy to wonder: “Pollard’s extreme sentence – along with the continuing refusal to free him – has raised questions about official American anti-Semitism and whether Pollard is enduring harsher punishment for the crime of being an American Jew spying for Israel.”

Despite all this evidence of discrimination and unfairness, the mainstream Jewish community has generally been reluctant to dirty its hands with this case. If anything, it has gone out of its way not to defend Pollard, lest it be accused of dual loyalty. 

But what so many in our community have missed is that even more than anti-Semitism, the Pollard case is one of anti-Americanism.

Pollard should have been released years ago because discrimination and unfairness are anti-American ideas.

As Judge Stephen Williams wrote in one of Pollard’s failed appeals, the government’s treatment of Pollard is “a fundamental miscarriage of justice.”

The Pollard affair is no longer about the darkness of his crime – it’s about the violation of his rights.

It’s no coincidence that prominent non-Jews, including former Secretary of State George Shulz and former CIA Director James Woolsey, as well as political leaders from both parties, have been lobbying for his release.

They’re not lobbying because Pollard is a hero. He’s not. He’s a criminal. But in America, even criminals have rights, and those rights can get violated.

The Pollard affair is no longer about the darkness of his crime – it’s about the violation of his rights.

Jews must have enough faith in the American system to advocate for Pollard’s rights without feeling the paranoia of dual loyalty.

Those who are finally lobbying for his release on the basis of compassion – focusing on his worsening health – are not doing him any favors. This case doesn’t revolve around compassion; it revolves around justice run amok. As Troy writes, “Justice when applied too zealously becomes unjust.”

You can hate Pollard because of what he did. You can hate him for making you cringe in embarrassment. You can hate him for making American Jews look disloyal to this amazing country.

But if you really want to show your loyalty to America, in my book there’s no better way than to show loyalty to America’s values. And what American value is greater and more honorable than “justice for all”?

The very greatness of this country is that it puts values ahead of men. The values of fairness and justice for Jonathan Pollard are a lot more important than who he is – even if you think he’s a shameful Jew.

This op-ed originally appeared in the Jewish Journal

Published: January 25, 2014


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Visitor Comments: 51

(38) Miriam Yarden, January 31, 2014 9:47 PM

Pollard did not "spy" for an enemy of the US. And he did not endanger the lives of US agents as did those who spied for the USSR and their ilk.

Last time I looked, Israel and the US were, are and seem to be in the future, ALLIES!

No antisemitism? Hah!

(37) Cheryl Katz, January 30, 2014 4:29 PM

Our American Justice System

I was born in America, raised as a Conservative Jew similar to most non Jewish Americans who belong to a Church and though I have a love of Israel I have been shocked since my youth at the inequity of the sentence for Jonathan Pollard,

My son might have been a great lawyer, but when he saw during High School "Mock Trials" that Justice depended on the quality of the witnesses and the lawyer and Judges who based their sentencing verdicts on the evidence and laws without enough "Rachmanous" he lost interest.. .I too am disappointed that our system has not reconciled the disproportionate sentence given to Jonathan yet.

(36) Andy, January 29, 2014 8:47 PM

Greater Jewish unity will set him free and do a whole lot of other good as well

Jews outside the land of Israel including in America are in exile. That they have been permitted to worship freely, build quality yeshivas, and have the oppt'y for material success unmatched in history does not mean they are home. Even if think otherwise a beautiful hotel is not a home for ones soul. Assimilation, primarily among those poorly educated Jewishly if at all is rampant,and Aish exists to counter that force doing great work world wide,but It seems to me the challenge for Jews who do care about being Jewish and /or Israel is to do whatever it takes to move there.If not , at least raise their children encouraging them to make the move . The Jews are a people, not only a religion and an atheist Jew[born of a Jewish mother or converted according to an Orthodox Jewish court] is as much a Jew as any ultra Orthodox Rabbi. At this time in history to write about America's "deception" [re foreign policy of all nations there are no friends, only perceived interests] or to point out antisemitism exists in the State Dept seems to me irrelevant . Our sages taught that outside of Israel Jews need to think of themselves as temporary guests who owe loyalty to their hosts when allowed to follow their religion. That for certain is the case in the USA. In America Jews have much to be thankful for. I believe that Pollard served more than enough jail time and his debt by any reasonable standard has been paid. Clemency is in order and he should be allowed to come home to Israel and hopefully bring many other Jews with him.

(35) Guy Poron, January 29, 2014 5:32 PM

Yosev

How many years did sit Yosev in Pharao´s hopeless jail?
So, we believe in HaShem, a God full of Grace, in His time! He will release him! Most men are "somehow" liars for their own profit, aren´t they? Shalom, Jonathan!

(34) Josh, January 29, 2014 12:59 PM

Beware

Let this Pollard affair be sign and warning to American Jews. Don't get too comfortable or too confident: injustice to Jews can come on a whim. (Also note the 27 year sentence given to

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