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