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October 16, 1987 - Image 7

Resource type:
Text
Publication:
The Detroit Jewish News, 1987-10-16

Disclaimer: Computer generated plain text may have errors. Read more about this.

CONTENTS

OPINION

The Trial Of Jonathan Pollard
Was A Miscarriage Of Justice

RABBI ELY J. ROSENZVEIG

A

s the rabbi who has counseled the
family of Jonathan Jay Pollard, the
American Jew sentenced in March
to life imprisonment for spying for Israel,
I have learned quite a few things about the
way people and institutions perform under
the piercing, ubiquitous gaze of interna-
tional public attention in life's proverbial
fishbowl. My experience reflects an image
of broad systemic dysfunction, gross
political excess and sheer human brutali-
ty. It is a bitterly dark, thoroughly un-
American portrait that, while arguably
peripheral to the larger implications of the
case for U.S.-Israel relations and the super-
power balance, need be told just the same.

Jonathan Pollard: Life sentence for passing secrets
to Israel.

I have, frankly, waged a pitched inter-
nal battle of sorts over the propriety of my
public involvement in the Pollard case. I
searched for a proper perspective in light
of my special knowledge, in view of my pro-
fessional imperatives, and bearing in mind
the best interests of the Pollard family. On
balance, I determined to keep my peace.
However, with the most recent sentencing
of Marine Sgt. Clayton Lonetree, the
Moscow embassy security guard convicted
of spying for the Soviet Union, and the ob-
vious disparity with the Pollard sentence
that it implies, I am compelled to respond.
Our constitutional system, as par-
ticularly manifested in our judiciary,
wields a set of controls to safeguard the
pursuit of truth against the vagaries of
political influence or popular will.
Against this ideal, consider the
frightening spectacle of political over-
reaching in the Pollard matter, principal-
ly exercised by Secretary of Defense Caspar

Ely J. Rosenzveig served, until recently, as rabbi of
Sinai Congregation in South Bend, Ind., the Pollard
family's synagogue.

Weinberger and Attorney General Edwin
Meese. They both took a curiously public
position about the case even before the in-
dictments were in, talking freely to the
press about the magnitude of Pollard's
crime and the consequential damage to
U.S. security (a veritable closet-full of sen-
sitive disclosures, to paraphrase Secretary
Weinberger who submitted, as well, a
defense affidavit to the sentencing judge,
Audrey Robinson of the D.C. district court,
adumbrating an administration thesis sup-
porting maximal penal treatment).
Mr. Meese selected a prosecutor for the
case, Joseph E. diGenova, well schooled in
media manipulation and unprofessional
sensationalism, best exemplified by his
crudely preposterous "prediction" on the
steps of the D.C. courthouse after sentenc-
ing that Pollard will not likely see the light
of day. Recall also Weinberger's unseemly
posturing in the immediate aftermath,
commenting as he did that Pollard should
have been summarily hung.
I can well understand Weinberger's in-
terest in the case. Pollard's violations, after
all, touched a governmental unit (i.e., naval
intelligence) under Weinberger's jurisdic-
tion. And, regardless, espionage is, at all
times, serious business. What I cannot ac-
cept and bitterly condemn is his submis-
sion of an affidavit assessing U.S. security
damage when the prosecutor implicitly ad-
mitted in the indictment that the damage
issue was moot. The Pollard indictment, by
its terms, tellingly omitted a charge of
damage to U.S. security. That is, while
Pollard did unlawfully disclose U.S. in-
telligence information to Israel, he was not
a remorseless thug, as popularly depicted,
nor did he endeavor to or effectively sell out
the United States. Rather, it seems that he
selectively disclosed otherwise unob-
tainable reconnaissance and other impor-
tant tactical intelligence information
relative to the Near Eastern Asia region
in support of Israel's military defense
strategy. At the same time, he determined-
ly refused to reveal information that he
believed would even colorably compromise
a primary U.S. security interest. Isn't the
real question therefore, not one of how
much was disclosed (be it a "closet-full" or
some other hyperbolic metaphor) but what
exactly was ipso facto declassified?
These facts do not make Jonathan
Pollard a hero. His conduct, however well
intentioned, was foolhardy and irresponsi-
ble. It was wrong, plain and simple. At the
same time however, his case is replete with
mitigating circumstances that clearly sug-
gest not only the blatant injustice of his
outrageously excessive sentence, but also
the impropriety of misleading and ex-
traneous political vituperation, and the
media's glaring inattention to the case's
distinguishing features. It inexplicably
threw the case into the same bailiwick with
all the other spy cases of recent vintage

Continued on Page 10

24

CLOSE-UP

Reaching Out
Out

BERL FALBAUM
One-on-one hospitality
with other ethnic groups
brings a new dimension
to the Jewish Community
Council's anniversary.

Kibbutznik

CATHY OZERY
Former Detroiter Bruce Davidson
is finding intangibles in Israel.

UJA And Israel

GARY ROSENBLATT
A Hebrew University professor
advocates keeping Jewish
philanthropy in the U.S.

SPORTS

Bas-eball Fantasy

MIKE ROSENBAUM
Tiger ticket hawker
Irwin Cohen has the
ideal profession
for a life-long,
full-fledged fan.

center

Our family pages concentrate this
month on the environment.

67

ENTERTAINMENT

Roll 'Em

SUSAN TAUBER-HYKE
Local filmmaker Sue Marx is
attracting national recognition.

Matter Of The Heart

87

HAROLD SCHULWEIS
A serious illness can frighten one to
death — and to life.

SINGLE LIFE

The end-of-Yom Kippur dance
was a "fast" time for singles.

103

DEPARTMENTS

32
38
58 •
84

94 Youth
100 Seniors
102 Births
129 Obituaries

Inside Washington
Synagogues
For Women
Business

CANDLELIGHTING

October 16, 1987

6:31 p.m.

THE DETROIT JEWISH NEWS

7

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