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I
t was almost exactly 10 years
ago that Jonathan Pollard
sought asylum at the Israeli
Embassy in Washington and
was turned away. He has not
been a free man since.
Mr. Pollard was charged with
passing classified information to
Israel. The trial court, ignoring
a plea agreement and accepting
the prosecution's argument that
this was "one of the worst cas-
es of espionage in U.S. history,"
sentenced him to life in prison
with a recommendation against
parole.
During the last decade, while
Mr. Pollard has languished in
one federal prison after anoth-
er, the following events have oc-
curred:
* The Soviet Union (which the
American intelligence commu-
nity inaccurately suggested was
a beneficiary of Mr. Pollard's
largesse) disintegrated.
* Iraq (whose missile-delivery
and chemical-warfare systems
Mr. Pollard had described to Is-
rael 10 years earlier) fired Scud
missiles at Tel Aviv.
* Caspar Weinberger (the for-
mer Secretary of Defense who
said Mr. Pollard should be shot
for his crime) was indicted for
perjury and obstruction of jus-
tice in the Iran-Contra affair and
later pardoned by President
Bush.
* Master traitor Aldrich Ames
(who for years had concealed his
perfidy by putting the blame on
Mr. Pollard) was unmasked as
perpetrator of the biggest intel-
ligence breach in U.S. history,
responsible for the deaths of at
least a dozen American agents
abroad.
Since then the Central Intel-
ligence Agency has been exposed
of grossly mishandling the Ames
case and — much worse still —
of feeding false information to
the president. This is the same
discredited bureaucracy that
urged Mr. Clinton not to corn-
mute Mr. Pollard's sentence be-
cause of "the enormity" of his
crime, even though he was nev-
er charged with nor convicted of
espionage.
Toss aside all of the past ar-
guments in favor of Mr. Pollard's
release. No longer is it necessary
to be outraged by the govern-
ment's flagrant violation of its
own plea agreement ("a funda-
mental miscarriage of justice,"
wrote one widely respected ap-
Kenneth Lassen is a law
professor at the University of
Baltimore.
pellate judge); the gross inequity
of the sentence (Mr. Pollard al-
ready has served longer than
anyone else convicted of the
same offense, more than twice
the average sentence); or the bla-
tant misinformation about dam-
age done (the government has
yet to produce a shred of hard
evidence that the country was
damaged in any way).
Toss aside all of these cogent
contentions. Mr. Pollard de-
serves clemency not only on hu-
manitarian grounds to right a
miscarriage of justice, but be-
cause of the uniquely incontro-
vertible circumstances of his
Mr. Pollard deserves
clemency because
of the uniquely
incontrovertible
circumstances
of his case.
case — not the least of which is
our special relationship with the
country to which he passed clas-
sified information.
Israel, which should have
granted him safe haven a decade
ago, now knows the score on Mr.
Pollard. The Israeli public has
long since regarded him as
wrongfully betrayed; the Knes-
set has publicly made amends,
in a way, by granting him citi-
zenship and calling for commu-
tation of his sentence; so have
prime ministers from both ma-
jor political parties in that small
democracy's perpetually frac-
tionalized government, Likud's
Yitzhak Shamir and Labor's
Yitzhak Rabin.
In fact, this was one of Mr. Ra-
bin's last acts. The day before he
was gunned down by an assas-
sin, the Israeli leader hand-
wrote a letter to Mr. Clinton
asking the president — as a ges-
ture of support for the U.S.-bro-
kered peace process — to grant
Mr. Pollard clemency.
In virtually every way this
case is a tragic anomaly: an un-
necessary strain on the unique
relationship between two friend-
ly nations, and a lingering em-
barrassment to our abiding
sense of fair play.
It will not go away until jus-
tice is done — until Jonathan
Pollard, punished enough by
America, is finally allowed to be
taken in by Israel.
❑