Pollard’s case has been back in the press recently. Unsurprisingly, the Barak government tried to insert Pollard’s release as a bargaining chip during the recent Camp David negotiations. The Eban Commission Report, prepared by the Foreign Affairs and Defense Committee of the Knesset, sparked a commentary in the Jerusalem Post by Aaron Lerner. In this article, Lerner says he was surprised to discover that not only had Israel betrayed Pollard by returning the information he had provided to Israel (not, of course, before adequate copies were made in Tel Aviv) but that the United States had then used that information to prosecute Pollard. (JP 6/20/2000) Lerner is “shocked” that the US broke its word. How could the US, an ally to Israel, act so deceitfully? The only thing worse they could have done would be, say, to send a spy into the ranks of the IDF or into the Israeli government itself.

I have yet to find an article in the Israeli press that addresses the fact that Pollard was a spy, paid by a foreign government to steal from his own country. Part of the reason I, like many other Americans, believe that Pollard should remain in jail is the simple fact that I cannot stomach the idea of Pollard leaving the United States and being greeted with a hero’s welcome in Israel. Initially, Israel denied any official involvement with Pollard, even to the point of eliminating any clauses in the plea agreement that referred to Pollard as an Israeli agent. It was not until 1998 that Israel released an official statement acknowledging that Pollard was in fact an agent of the Israeli Scientific Liaison Bureau, LAKAM. So, along with his own Israeli passport, and an invitation to emigrate to Israel, the stage is set for Israel to welcome one of their patriots.

Whether or not Pollard’s original motivation was ideological, eventually he became a mercenary for the Israeli government. In return for secrets smuggled to his handlers, Pollard received money (routed through a Swiss account), jewelry for his wife, and even a LAKAM sponsored trip to Paris. Pollard became erratic and careless, which eventually led to his arrest. But before the trap was sprung, Pollard was able to smuggle what is estimated to be 360 cubic feet of paper containing secrets both from and about the United States. Information passed on to Tel Aviv was passed on further, even to the point of almost costing American lives in South Africa. Pollard described himself as “quite literally, Israel’s eyes and ears over an immense geographic area stretching from the Atlantic to the Indian Ocean.”[i]

            Israel eventually agreed to return the information, and assisted the United States in drafting the plea agreement that led to Pollard’s life sentence. At some point the US agreed not  to use the returned information against Pollard, but eventually, and correctly, used it to build an airtight case against the agent. For this the Eban Report on the affair describes the United States as “demonstrating wickedness, faithlessness and wanton disregard for commitments it had made.” (Ben Caspit, Ma’ariv July 14, 2000). Where, however, is the description of Israel’s wickedness, faithlessness and wanton disregard for its relationship with the United States when it preys on a person’s religious ideology to turn him into a traitor to his own nation?

            Again, I must address the belief in much of Israel’s media that Pollard is in jail because he is a Jew. David Kirshenbaum believes that Pollard’s incarceration is so harsh and abusive to deter and other American Jew with sympathy for Israel from repeating what Pollard did. (JP 8/4/2000). Well, maybe he’s right. But, it is also to deter any Frenchman with sympathies to France, and Italian to Italy, or a Japanese-American from spying for Tokyo.

I use these examples, because Pollard and his supporters insist on referring to his offense as spying “for an ally.” Apparently, if you are a spy, but a spy from a friendly country, you should be slapped on the wrist and let go. This is especially so if you are a spy from a country that already receives billions of dollars in aid, military support and political collaboration from the country you are violating. Pollard was charged under Title 18, section 794 of the United States Code, which is titled “Gathering or delivering defense information to aid foreign government.” It contains an exhaustive list of what defense information is and details that any person that communicates, delivers, transmits, or attempts to do so, this information for the purpose of injuring the United States or to the advantage of a foreign nation, “shall be punished by death or by imprisonment for any term of years or for life…” (18 USCS s. 794). Nowhere in this code section could I find any clause that detailed, “unless the foreign government is an ally.”

The facts of the case are these, Pollard was a spy. He was the agent of a foreign government and delivered American secrets and property to Israel. Pollard was caught, and like many who spied was let go by his handlers. The United States and Israel use deceptive tactics to convict Pollard of his crimes. But, the fact remains, Pollard was a spy. Deception is the foundation of the whole affair. Israel forever injured its relationship with the United States, and Pollard will always serve as a reminder of that. Pollard is not in jail because he is a Jew, he is in jail because he was a spy. He broke the law, knew he was breaking the law, and now must serve the sentence he has been given. Pollard has been in jail for fourteen years, and should plan on being there for many more. After all, deceptive and underhanded as the US is, Pollard was a spy. 

Of course, I could just be naïve.

This piece was written by Edward Graham, President, Middle East Information Network.
The ideas or opinions written here do not necessarily reflect those of the Middle East Information Network, its officers, sponsors or contributors.
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