[Dr. Aaron Lerner - IMRA: The folks at the LA Times seem to be profoundly
out of the loop. The Pollard "swap" is not for some "long term" Israeli
action but instead for an extension of the settlement freeze for a few
months. At this stage of the game, the Pollard-freeze "swap" is literally
the only option on the table that does not carry with it secondary or
tertiary complications: it doesn't require the Obama administration to do
anything else with either the Israelis or the Arabs to get the direct talks
going again nor does it require any changes in the Netanyahu coalition since
they can all stomach a Pollard-extension deal. And here is the beauty of
it: if President Obama really wants the freeze to be extended so that the
direct talks can start again it doesn't really matter what Jerusalem really
wants to do: if Mr. Obama offers the Pollard-freeze "swap" Israel will have
no choice but to accept.
Call it an "exchange of gestures" if a "swaps" sounds a bit harsh between
allies.
Any way you slice it, the White House can end the freeze stalemate with one
phone call.
And if he fails to take this simple action, then this raises serious
questions as to what commitment President Obama really has to the peace
process. ]
LA Times Editorial: Not a good swap
The idea of freeing Jonathan Pollard in exchange for peace process
concessions by Israel is unseemly and impractical.
See J4JP Comment following the editorial below. See also J4JP notes and
corrections in [square brackets ] in the body of the editorial below.
The Los Angeles Times - October 23, 2010
There may be good reasons for granting clemency to Jonathan Pollard, the
former Navy intelligence analyst who was sentenced to life in prison in 1987
for providing U.S. military documents to Israel. But Pollard's usefulness as
a diplomatic bargaining chip isn't one of them.
Four Democrats in Congress are circulating a letter urging President Obama
to release Pollard as a way of encouraging Israel to make "difficult
decisions" in the peace process with the Palestinians. Such an arrangement
was suggested during recent talks about how the United States might persuade
Israel to extend a freeze on the construction of Jewish settlements in the
West Bank. It wasn't the first time the idea of "swapping" Pollard for
Israeli concessions had been proposed. [J4JP: No swap was proposed. See J4JP
Comment following the text below.]
The idea is unseemly and impractical. Granted, the United States has
released foreign spies — most recently sleeper agents from Russia — in
exchange for the freedom of Americans or political prisoners.[J4JP: The 10
Russian agents were released so swiftly that they were neither interrogated
nor indicted so, clearly, no accurate damage assessment. exists. It is a
moot point whether they were merely "sleeper" agents. ] But there is no one
this country needs to ransom from Israel. As for the supposed diplomatic
benefits of Pollard's release, it's doubtful whether it would induce Israel
over the long term to pursue policies it considered inimical to its
security. Israel is much more likely to be influenced by continuing U.S.
support for its security as it pursues negotiations with the Palestinians.
Pollard's lawyers have petitioned Obama for a commutation of his sentence to
the time he already has served. What criteria should influence the
president's decision? The fact that Pollard spied for a friendly nation
isn't an extenuating factor; even if Israel and the United States have
identical interests, which isn't always the case, the decision to share
intelligence with another country belongs to the political leadership of
this nation, not to individual government employees. [J4JP: Jonathan Pollard
is the only person in the history of the United States to receive a life
sentence for spying for an ally. Proportional justice, or "equal justice
for all" which is supposed to be guaranteed by the American Constitution
means similar sentences for similar offenses. There is no reasonable or
acceptable way to explain or justify why the median sentence for this
offense is 2 to 4years for everyone else, but for Pollard it is life.]
A better argument for clemency (one that also figures in the letter from the
members of Congress) is that Pollard's sentence was excessive compared with
those of other convicted spies. That disparity is something for the
president to consider. Even so, other factors must be taken into account,
including whether Pollard is sincerely remorseful and whether his continued
detention is a deterrent to others who might be tempted to engage in
espionage against their own country, either out of ideology or for financial
gain.[J4JP responds: The 3 old canards of remorse, deterrence and financial
gain continue to be raised endlessly, in spite of all evidence to the
contrary, only in the Pollard case. One more time: 1) Jonathan Pollard did
not enjoy financial gain from his espionage activities on behalf of Israel.
This fact was established after 9 months of intensive polygraphing by the
FBI, and recognized by the sentencing judge who declined to impose a
monetary fine. 2) Deterrence: 25 years trumps all. For an offense that
carries a median sentence of 2 to 4 years and today is capped at maximum of
10 years, the 25 years that Pollard has already served in prison, far
outweighs any deterrent value that his continued incarceration would have.
He has already served two and a half times the current maximum sentence for
this offense, and more than 6 times longer than the median sentence. 3) As
for the remorse canard, this is a non-issue. Suffice to say that the
official record shows that Jonathan Pollard has consistently expressed
remorse for his actions, to U.S. Presidents and others. For further
information on the remorse issue:
http://www.jonathanpollard.org/remorse.htm]
In making any decision, Obama should consult his legal and national security
advisers. But he shouldn't allow himself to be stampeded into a decision by
an illusory promise of diplomatic dividends.
View original
article>>latimes.com/news/opinion/editorials/la-ed-pollard-20101023,0,3619496.story
==
J4JP Comment:
Allies do not engage in swaps. They make gestures to sustain good relations.
A recent example is the case of the 10 Russian spies who were recently
summarily expelled from the US as a gesture to Russia. This gesture was even
more significant in that the Russian spies were not interrogated or
indicted, just quickly expelled.
The Congressional letter by four Democrat Congressmen urging President Obama
to release Jonathan Pollard does not call for a swap. It does call for a
gesture. It calls for the release of Jonathan Pollard after 25 years in
prison because his sentence is grossly disproportionate and it sees his
release as a gesture to a beleaguered, war-weary ally, Israel. A copy of
the letter and the media release that explains the letter can be read
here>>http://www.jonathanpollard.org/2010/101010.htm.
The unlimited powers of clemency the US Constitution grants to the president
are his solemn responsibility. The Constitution grants these powers as part
of the president's duty to safeguard the rights of all American citizens in
those cases, like the Pollard case, where the judicial system either cannot
or will not correct itself.
In a recent op-ed Esther Pollard explains her husband's plight:
http://www.jonathanpollard.org/2010/101810c.htm
"Having served 25 years in the harshest conditions the American penal system
has to offer, Jonathan is ill, his immune system depleted and his very
survival is at stake...The petition for executive clemency, filed last week
by Jonathan's American attorneys, Eliot Lauer and Jacques Semmelman, is my
husband's avenue of last resort to resolve a travesty of justice that now
threatens to end his life in prison."
Mrs. Pollard also explains why this gesture, a matter of justice, and a
matter of saving a life, is a win-win situation all around.
"At a time when the people of Israel are being asked to believe Obama's
claims about America's strong ties to Israel and of the US's special
friendship with the Jewish state, it is too great a leap of faith to rely on
words alone.
"With one stroke of his pen, President Obama can restore honor to the
American system of justice, regain the confidence of the American Jewish
community, and reassure the people of Israel, that in spite of the Netanyahu
government's failure, America can be relied upon to do what is right."
See the full text of her op-ed here>>
http://www.jonathanpollard.org/2010/101810c.htm
J4JP urges President Obama to act without delay to release Jonathan Pollard
and send him home to Israel now.
==
See Also:
JPost Exclusive: Pollard Attorneys File Clemency Request with Obama
http://www.jonathanpollard.org/2010/101710.htm
Op-Ed:Netanyahu's ignoble failure to free Pollard is Obama's supreme
obligation http://www.jonathanpollard.org/2010/101810c.htm
JPost Exclusive: Edelstein confirms Pollard release discussions underway
[with statement by Esther Pollard]
http://www.jonathanpollard.org/2010/101810.htm
--
JUSTICE FOR JONATHAN POLLARD
Website: http://www.JonathanPollard.org
Follow J4JP on Twitter:http://twitter.com/J4JPollard
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