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Steven Kurlander

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Now's Really the Time for President Obama to Grant Clemency to Jonathan Pollard

Posted: 02/16/2012 9:31 am

This week, a group of Americans and Israelis are visiting South Florida, quietly asking the assistance of public officials, influential citizens and religious leaders here to help gain the release of Jonathan Pollard, a civilian intelligence analyst and American Jew sentenced to life in 1986 for passing classified intelligence information to Israel.

Pollard is the only person in U.S. history to receive a life sentence for disclosing classified information to a U.S. ally. He has spent over 26 years in incarceration (seven of which were spent in solitary confinement) and has expressed remorse for his crimes.

The effort to get Pollard pardoned, or his sentence at least reduced, has been ongoing for many years by a diverse group of prominent political, religious, and civil Jewish-American leaders and the Israeli government itself. The movement to gain clemency for Pollard has recently gained more momentum as his physical condition deteriorates.

Many members of Congress of both parties and other former and current high-ranking government officials have recently called on President Obama to set him free. Israeli Prime Minister Benjamin Netanyahu has also personally asked Obama to release Pollard.

Since his arrest, Pollard's case has always been a contentious and painful matter for the American Jewish community and a controversial topic that has continuously strained relations between the American and Israeli governments.

Revelation of Pollard's activities bared the darker side of illegal Israeli intelligence gathering in the United States, and significantly hurt relations between the countries. To the dismay of many American Jewish leaders, Pollard's claims that he spied as part of his loyalty as a Jew to Israel also presented a disturbing illicit aspect of a powerful duel loyalty of many American Jews in their support of the Israeli state. At the time of his arrest and conviction, the spying affair fueled anti-Semitism in the US and invited suspicion of an embarrassed American Jewish community.

Agreeing to cooperate with government investigators in return for a lighter sentence, Pollard pled guilty in June 1986 in federal court to one count of conspiracy to deliver national defense information to a foreign government. Awaiting sentencing, Pollard and his wife violated a non-disclosure provision of the plea agreement, giving several interviews to the press. As a result, it galvanized leaders of an already angry American intelligence community to seek the harshest sentence against Pollard.

If this matter were solely about the spying for an enemy, a valid national security argument in 2012 for his continued incarceration, and eventual death in prison, can somewhat be made in strictly in terms of damage to national security interests.

While Pollard sought to couch his actions in terms of his allegiance to Israel, there was plenty proof that he sold classified secrets to other friendly countries as well. Many in the intelligence community continue to passionately insist that his spying had significant consequences and costs. Their obsession that he die in prison could be summed up by Vice President Biden recently having said that it would be "over my dead body" that Pollard received clemency.

But it's much more than that.

There's now a very credible humanitarian argument in terms of Pollard's deteriorating health that supplements the strong legal case against the severity of his sentence, which, 30 years later, is still extreme in comparison to similar spy cases involving friendly countries. A dying Pollard has more than paid for his crime.

But also, there's that lingering taint left by the Pollard affair on both the American Jewish community and the ongoing relationship between Israel and the United States.

President Obama should commute Pollard's sentence to time served. Such action would not only be in the interests of justice, but also heal the upset caused by the affair and bring to a close a chapter that needs to be over and done with in American-Israeli relations -- particularly now when Israel could use a renewed sign of support of faith and friendship as it faces the greatest threat to the nation's existence ever in its short history.

This column appeared in the Sun Sentinel on February 16, 2012. Follow Steven Kurlander on Facebook and Twitter at @kurlykomments and via his blog Kurly's Kommentary. Email him at kurly@stevenkurlander.com.

 

Follow Steven Kurlander on Twitter: www.twitter.com/Kurlykomments

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HUFFPOST PUNDIT
Ergon
Man From Atlan
07:53 AM on 02/27/2012
It should be noted that Pollard was motivated not even by loyalty to Israel as first of all, money, and he did receive a lot of money for spying for them.
03:38 PM on 02/22/2012
Read the wikipedia entry on Pollard...many more details there http://en.wikipedia.org/wiki/Jonathan_Pollard. Read how badly US investigators were treated when they went to Israel to investigate. Obviously, the US government has evidence what he did was extremely damaging or he likely would've been released a long time ago. Pollard should not be released, in fact, we should go a step further and CUT ALL FOREIGN AID TO ISRAEL IMMEDIATELY. Also, we need a full accounting of all Israeli involvement in the 911 operation, particularly the 5 'dancing Israelis' who were they to 'document the event'. With allies like Israel, who needs enemies.
02:38 PM on 02/22/2012
"No! Not him! Give us Barrabas!" John 18:40
01:45 AM on 02/22/2012
In 1950 something the Rosenbergs were executed for spying for The Soviets. Why is anyone even talking about freeing Jonathan Pollard? Israel IS NOT AMERICA.
11:42 AM on 02/22/2012
I agree....what Pollard did was actually much worse than the Rosenbergs...didn't Israel sell some of that info he got to China as well?
08:00 PM on 02/20/2012
What's this "friendly countries" nonsense ?
Sort of like Libya was friendly to Scotland re the Lockerbie bomber I guess.
02:58 PM on 02/27/2012
Jonathan Pollard must kept in prison until he dies and his body must not be buried but left to rot or become food for rats.
12:26 AM on 02/19/2012
The misinformation that has been spread about the Pollard case makes some heavy accusations which have been conclusively proven to be completely false. The well-worn claim that Pollard passed information to the USSR is simply not true - as concluded after extensive research by former CIA director James Woolsey. Lawrence Korb, former Assistant Secretary of Defense, wrote the following in an article for the LA Times:

Weinberger's contention has been debunked. Information that Pollard gave to Israel did not make its way to the USSR. Instead, the information that the Soviets received during the 18 months Pollard was spying for Israel most likely came from Ames and Robert Hanssen, a onetime FBI agent who spied for the USSR and Russia from 1979 to 2001. R. James Woolsey, the CIA director from 1993 to 1995, stated after examining the Pollard case file that none of Pollard's information went to the Soviet Union. Moreover, Woolsey now believes that Pollard has served long enough and should be released. And in a 2004 interview, Weinberger himself admitted that in retrospect, the Pollard matter was comparatively minor. In fact, he does not even mention it in his memoirs.
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LMPE
I connect the most dissimilar things
10:33 PM on 02/18/2012
You'd think that no one would ever go to jail for giving Israel information.
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HUFFPOST SUPER USER
Ken Volok
08:28 PM on 02/17/2012
He chose Israel (or his bank acct) over his fellow US citizens; let him rot.
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HUFFPOST SUPER USER
Parade Keegan
I Can Hear You
07:40 PM on 02/17/2012
Keep him in jail, we were betrayed by the Israelis in this instance too... one of our allies spying on us, are they kidding?
09:28 PM on 02/21/2012
Allies spy on each other all the time. We spy on them. They spy on us. It's been going on since nations began to develop intelligence services during WWI.
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HUFFPOST SUPER USER
Parade Keegan
I Can Hear You
10:03 PM on 02/21/2012
Absolutely true but it doesn't make it acceptable behavior and the allied spies should be treated as harshly or more harshly than enemy spies IMO.
HUFFPOST COMMUNITY MODERATOR
Veneita
If trolls had minds, they wouldn't be trolls
06:58 AM on 02/17/2012
My cousin was in prison for theft and even though they knew he was dying, guards stayed until his last breath. He was non-violent, and never injured anyone. Pollard betrayed this country, violated an agreement in a PR attempt to avoid prison and emigrate to Israel. The fact that the Israeli government of netanyahu continues to intervene in this matter while ignoring US requests for a more compassionate West Bank policy is stunning. Forget that we had someone spy on you, just let him out.

I wish my cousin had had such powerful interests behind him.
09:56 PM on 02/16/2012
Israel has sold classified US military intelligence to Russia and china in the past
10:30 AM on 02/17/2012
Not true. Show some proof
07:38 PM on 02/17/2012
"The quarrel is over Israel's alleged concealing from Washington of an upgrade of a major weapons system it sold to China more than a decade ago. The United States claims that by upgrading the system, Israel violated its commitment not to transfer US technology to China without Washington's permission."

http:// atimes.com/atimes/Middle_East/FL21Ak01. html
09:54 PM on 02/16/2012
The same people who are asking for the release of pollard are the same ones who get upset when you call them an Israel Firster
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HUFFPOST PUNDIT
Ergon
Man From Atlan
07:46 AM on 02/27/2012
Or that they have only one loyalty.
09:22 PM on 02/16/2012
Jonathan Pollard's treasonous activity as an American Jew is largely responsible for the lack of trust between the US and Israel, and, God/Jahweh knows, Israel needs America's support today more then ever. Sad that so many American Jews and Israelis fail to see that Pollard's betrayal of US secrets was money driven, that he would have sold Israel's secrets had he had access to them, and that clamors for his release are a troubling reminder of Israel's perfidy as a US ally.

Pollard's business plan was to get a US security clearance, gain access to classified information, and market the information to any takers (Australia, Pakistan, South Africa, Israel) so that he could support his wife Ann's and his lifestyle. His prison mate Bernie Madof also had a flawed business plan, which at least paid off for him and his family for many years, but eventually failed. Jonathan and Bernie now have the happy opportunity to exchange their views daily on what went they would have done differently, as if it would now matter. On a good note: Pollard enjoys better health care, diet, and access to health club facilities than many of those, whom he betrayed. So, what's to qvetch?
11:00 AM on 02/17/2012
Not true Pollard was not motivated by money. He became aware of the danger Israel faced from neighboring countries and told his supervisor that Israel should be informed. His supervisor told him the Jews don't have to know that. It is then that Pollard gave the information to Israel. Israel and the USA had an information sharing treaty that the US did not honor. Pollard didn't have a business plan, he did not have a lavish lifestyle. What does Madoff have to do with Pollard? Nothing. Why do you mention it? So you can promote lies about Israel and the Jewish people.
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Talab
I tot i taw a putty tat
08:18 AM on 02/18/2012
Then why doesn't Israel give us a LIST of everything they received from him so we can evaluate the true damage that he did ? some ally ....(not)
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09:45 AM on 02/22/2012
Only one promoting lies is you.
05:46 PM on 02/16/2012
NONONONEVERNEVERNEVER, regardless of the actual value of the intelligence, regardless of his "supposed" reasons. No US citizen that betrays his country should ever be released form prison period.
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HUFFPOST SUPER USER
neight
04:52 PM on 02/16/2012
Israel is not an ally. If it was why would it be spying on us?

Pollard can go free after the Cuban 5 receive pardons.
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HUFFPOST SUPER USER
Fred303
Let's Be Friends ^_^
08:48 PM on 02/16/2012
Spot on.