The perceived Jewish communal apathy concerning the plight of
Jonathan Pollard came to an abrupt end last month, when the revered
senior rabbis of America’s Moetzes Gedolei HaTorah, Council of
Torah Sages, as well as the members of Agudath Israel’s rabbinic
presidium and almost 100 signatories from its Conference of Synagogue
Rabbis issued a declaration calling on "all caring Jews" to tell
President George Bush that Mr. Pollard "has served long enough, and that
the time has come to free him."
For 22 years, Jonathan Pollard’s supporters have complained that
while many organizations and individuals—Jews and Gentiles—have urged
clemency for the former US Naval intelligence analyst, few have embarked
on any meaningful, sustained efforts geared towards his release. In
1987, Mr. Pollard was convicted of passing classified information to
Israel and sentenced to life in prison. At the time of his sentencing,
he had already served almost two years in prison.
After spending seven years at the maximum security facility in
Marion, IL, most of them in solitary confinement, in 1993, Mr. Pollard
was transferred to the Butner Federal Correctional Facility near
Raleigh-Durham, North Carolina, where he still remains.
Calling Washington
Agudath Israel, which represents the non-chassidic American-hareidi
community, has joined with several other Jewish organizations to ask
Americans who support the cause of Mr. Pollard’s freedom to write to Mr.
Bush or, even better, to telephone the White House daily between the
hours of 11am and 2pm, requesting that the President grant Mr. Pollard
clemency.
The campaign, which began in early February, is scheduled to continue
until the beginning of Passover—unless the President acts to pardon Mr.
Pollard before the holiday of freedom.
By the end of February, some Jews in New Jersey said they, their
family members, and friends had been calling every day and that some of
the White House operators were getting "friendly."
On one of her calls to the White House, Mr. Pollard’s wife, Esther,
said she told the operator her message to Mr. Bush was: "Free Jonathan
Pollard. He is the victim of a great injustice, and you have the great
merit of being the one to right this terrible wrong. Set Jonathan
Pollard free now, and both you and America will be blessed."
When she asked the operator if he had been able to take it all down,
he replied, "Yes. I got ‘Free Jonathan Pollard’ and I added it to the
list of all the people who are calling about the same thing."
"Only the President of the United States, by granting Mr. Pollard
executive clemency, can save him from spending the rest of his life
behind bars," said the declaration by Agudath Israel rabbis.
Behind-the-Scenes
While the actions of the Agudath Israel rabbis made headlines, the
credit for their very public involvement was given to Rabbi Pesach
Lerner, executive vice president of the National Council of Young Israel
(NCYI). Rabbi Lerner’s devotion to Mr. Pollard and his case for clemency
is legendary.
As the behind-the-scenes organizer of the campaign to call the White
House, Rabbi Lerner emphasized that the administration "counts and
tallies all in-coming calls, so every single phone call makes a
difference."
"Callers are reminded to expect the lines to be busy and to keep
calling until they get through," he said.
Communal Debate
Over the years, Mr. Pollard’s actions have been the subject of
debate, criticism, and praise. His supporters in the Jewish community
point out that financial considerations never played a part in his
espionage activities. Rather, they say, he acted out of concern that
Israel was not receiving important security intelligence from the US to
which the Jewish state was legally entitled, according to a 1983
Memorandum of Understanding between the two countries.
Supporters insist that the information he gave Israel, which, they
say, included Syrian, Iraqi, Libyan, and Iranian nuclear, chemical, and
biological warfare capabilities being developed for use against Israel,
was instrumental in preparing the Jewish state for the Iraqi scud
attacks on Tel Aviv and Jerusalem during the first Gulf War. His
information forewarned Israel about the necessity of maintaining sealed
rooms, say his supporters.
His detractors maintain that his actions created a gulf between the
US and Israel that still has not been bridged in the intelligence
community.
Letter of Remorse
His supporters say his sentence, the conditions of his imprisonment,
and the delay of a pardon point to an underlying antisemitic strain in
the Justice Department. His detractors say that he and Mrs. Pollard have
been their own worse enemies, alienating many former supporters and
refusing to express real remorse. His supporters say he has expressed
remorse; his detractors say his letters of remorse are filled with
semantic twists, written to justify what he did.
According to David Luchins, a vice-president of the Orthodox Union,
professor of political science at Touro College, and former Jewish
liaison for the late Sen. Daniel Patrick Moynihan, Mr. Pollard’s one
letter of real remorse, written in conjunction with the late Rabbi
Aharon Soloveichik, was hand-delivered by Sen. Joseph Lieberman to Mr.
Clinton shortly after Mr. Clinton took office as President.
According to Mr. Luchins, Mr. Clinton had been approached by Messrs
Moynihan and Lieberman with a request for clemency for Mr. Pollard. The
new President, who, at that time, had no ties to the intelligence
community, allegedly agreed, saying all he needed was a letter of
remorse.
The task of writing the letter and bringing it to Mr. Pollard to sign
was given to Rabbi Soloveichik, who was not only a Rosh Yeshiva at
Yeshiva University and the Brisk Yeshiva in Chicago, but also an
attorney.
But that letter, which had Mr. Pollard describe his actions as
"repugnant not only to American law, but also to G-d’s Torah," seemed
too much for Mr. Pollard to bear. After the letter was already on Mr.
Clinton’s desk, Mr. Pollard renounced its contents, putting an end to
any efforts on his behalf by Mr. Clinton, Mr. Moynihan, or Mr.
Lieberman.
OU and RCA
Although the Orthodox Union as well as the Rabbinical Council of
America were asked to join with Agudath Israel and NCYI, the OU and the
RCA, both associated with the Modern Orthodox movement, declined.
The Agudath Israel rabbis, whose activism is usually carried on
behind closed doors, said their call on the community to work for Mr.
Pollard’s freedom was based on the commandment requiring Jews to exert
efforts to free the captive, pidyon shevuyim. While sometimes
thought to apply only to countries in which Jews were subject to the
whims of rulers who could imprison individuals for antisemitic reasons
or to extract a ransom from the Jewish community, contemporary rabbis
have ruled that the mitzvah of pidyon shevuyim applies equally to
those who are justly incarcerated in the US.
"The heart-wrenching plight of Jonathan Pollard…demands our urgent
attention," wrote the rabbis, noting that his life sentence, "a penalty
far more severe than that imposed upon others who committed similar or
eve more serious crimes—is difficult to comprehend."
Most Pollard supporters point out that Mr. Pollard has already served
a longer prison term than any other person in US history who spied for
an ally. The average term of imprisonment for passing classified
information has been between two and four years. Mr. Pollard received
the same sentence that was meted out to Aldrich Ames, the chief of CIA
counterintelligence in Eastern Europe, who passed critical defense
secrets to the Soviet Union, an American enemy, during the Cold War.
Leadership Endorsement
In addition to the strong voices of the Agudath Israel rabbis,
others, including former Middle East negotiator Dennis Ross and former
CIA Director James Woolsey also recently called for Mr. Pollard’s
release.
In January, at a media conference with the UJA of Greater Toronto,
Mr. Ross, now a Fox News foreign affairs analyst, announced that he had
told the both Presidents Bush as well as Mr. Clinton that Mr. Pollard
should be released. According to Mr. Ross, the present Bush
administration shows no interest in taking the suggestion.
"The National Security Council and the CIA strongly opposed Pollard’s
release. They maintain that Pollard knew facts that would jeopardize
national security. But Pollard has been in jail for so long that
whatever facts he might know would have little if any effect on national
security today," said Mr. Ross.
Also in January, at Israel’s premier strategic Herzliya Conference,
Mr. Woolsey agreed, telling reporters that Mr. Pollard, having already
served more than 20 years, should be released.
"My view is that a 20 year sentence, I think, is enough and I think
the close relationship between the US and Israel as fellow democracies
is also a consideration so, at this point, I think Pollard has served a
long enough sentence," said Mr. Woolsey.
Another official advocating clemency for Mr. Pollard is former New
York City Mayor Rudolph Giuliani. A former federal prosecutor and
current leading Republican candidate for President, he said, "Given
comparative sentences, [Jonathan Pollard’s] sentence—this I happen to
know because I have seen the documents—is way beyond the sentences
served by other people who have been convicted of the same offense."
The Fault of Others
The separate statements by Messrs Ross, Woolsey, and Giuliani were
welcomed by Mort Klein, national president of the Zionist Organization
of America, another organization that has long supported Mr. Pollard’s
release. Mr. Klein called it "wrong" that, at the original sentencing,
Mr. Pollard was shown no leniency despite his having pled guilty as a
result of a plea bargain.
Like many Pollard supporters, Mr. Klein suggested that the harm to
American security alleged to have been caused by Mr. Pollard’s actions,
may actually have been the result of Mr. Ames’s espionage activities as
well as those of Robert Hanssen, whose actions on behalf of the Soviet
Union came to light only after Mr. Pollard was sentenced.
Kenneth Lasson, an attorney and professor of law at the University of
Baltimore who has served as a pro bono advisor to Mr. Pollard for 20
years, acknowledged that very few of the prisoner’s supporters believe
he was innocent. "But the sentence was an abomination," said Mr. Lasson.
Poor Health
Rabbi Lerner did not deny his role in working to secure pro-Pollard
statements from people who might catch Mr. Bush’s ear.
"We at Young Israel have built ourselves a small group of people who
care about Jonathan. A group of us decided it has to be now. Jonathan’s
health is getting worse," said Rabbi Lerner.
Mr. Pollard, 52, is known to suffer from heart and intestinal
problems as well as from high blood pressure.
According to Rabbi Avi Shafran, spokesman for Agudath Israel of
America, the rabbinic statement was prompted by a number of factors,
first and foremost Mr. Pollard’s deteriorating health.
Long-Standing Support
In fact, this is not the first time the hareidi organization has
endorsed freedom for Mr. Pollard. In 2003, David Zwiebel, Agudath
Israel’s chief legal counsel, wrote a detailed letter to Mr. Bush to
renew the organization’s "longstanding humanitarian plea, which we have
made to several Presidents over the years, that Pollard be granted
executive clemency."
According to a report last month in The Jewish Observer by
Rabbi Aryeh Zev Ginzberg, founding rav of Ohr Torah Institute in
Hillcrest, NY and the current rav of the Chofetz Chaim Torah Center of
Cedarhurst, Long Island, Mr. Pollard shared a close personal
relationship with the late Rabbi Moshe Sherer, executive director of
Agudath Israel. According to Rabbi Ginzberg, Rabbi Sherer asked Mr.
Pollard to make three promises: to keep Shabbos, to eat only kosher
food, and "never to grow to hate Hakadosh Baruch Hu, despite what
happens to you."
In his report, which is largely a description of his visit with Mr.
Pollard in the prison in Butner, Rabbi Ginzberg described how the
prisoner managed to keep those promises. To avoid working on Shabbat or
Jewish holidays, for example, he relinquished the opportunity to head
the administration in the prison factory where many of the inmates work
each day. That position, said Rabbi Ginzberg, although it is "the most
respectable job in the institution," would force him to desecrate the
Sabbath and holidays and "would also force him to interact with the
fellow inmates on a regular basis."
Instead, he said, Mr. Pollard opted to clean latrines and toilets.
"This difficult, backbreaking job could sink any man’s spirits,
especially someone of superior intelligence. Yet, to Pollard, it
represents a victory, as it reduces the possibility of violating
Shabbos, and allows him the solitude to daven (as he does every
day), and carry on Jewish living to the best of his ability under those
circumstances," wrote Rabbi Ginzberg.
Eating Kosher
"Subsisting on canned tuna and sardines for so many years has caused
his body to have a dangerously high mercury level that has resulted in a
severe blood pressure problem, a heart condition, and a host of other
maladies that have brought his health to a very precarious state. Not
only are there no complaints, but he also views this as another small
victory against his detractors," said Rabbi Ginzberg.
Mr. Pollard told Rabbi Ginzberg he managed to maintain a love for G-d
despite his suffering and the fact the fact that he feels "totally
ignored by the country that he attempted to help."
"I promised myself at the beginning of this nightmare that I would
come out the same way I came in. I love my land, Eretz Yisroel,
and I love my wife more than my enemies hate me," he told Rabbi
Ginzberg, concluding with the assessment that "I don’t represent myself.
I represent all Jews. Our enemies are watching me to see if they can
break me. For that alone, I must remain strong. I must stay strong in my
emunah and bitachon to show the world what Klal Yisroel
is all about."
Hero?
Some observers have speculated that successive administrations have
refused to pardon Mr. Pollard because there is concern that he will be
greeted as a hero in the Jewish community and especially in Israel,
where he could potentially follow the example of another "prisoner of
Zion," Natan Sharansky, and run for office.
The ZOA’s Mr. Klein, who said he has spoken with Mr. Pollard more
than 50 times over the years, characterized the prisoner as "one of the
most brilliant people" he had ever met.
"In all these many conversations, he almost never spoke about his own
plight or release, only about strong US-Israel relations and the
survival of Israel. It would be a tragedy if his legacy is only his
imprisonment. He has great talent which he could use to benefit society
if only given the chance," he said.
In Israel, Moshe Feiglin, the leader of the nationalist Manhigut
Yehudit faction of the Likud Party, said he and his faction "applaud all
actions taken on behalf of this Jewish hero, Jonathan Pollard."
But according to Rabbi Avi Shafran, the spokesman for Agudath Israel
of America, his organization does not regard Mr. Pollard as a hero. "He
is a Jew in distress who needs our help. There’s absolutely no condoning
of what he did," he said.
No Further Options
According to Rabbi Shafran, the rabbinic statement last month was
issued in response to the US Supreme Court’s refusal to reconsider the
circumstances of Mr. Pollard’s conviction. A lower court had already
denied Mr. Pollard’s attorneys’ request to gain access to the sealed
portion of his original sentence.
Once the Supreme Court declined to hear the case, Mr. Lasson said,
"the legal remedies [to obtain Mr. Pollard’s release] were exhausted."
"The only course open is through publicity and the political avenue.
It’s really a grassroots effort," he said.
Parole?
Some of Mr. Pollard’s supporters and critics disagree with this
assessment, saying the proper route for him would be to apply for
parole.
According to one of Mr. Pollard’s former attorneys, Theodore B.
Olsen, although Mr. Pollard was legally eligible for parole in 1995, he
would have no hope of convincing a parole board to grant it.
"The law enforcement and intelligence agency officials who will be
given the opportunity to express themselves on the subject have
indicated that they will oppose parole," he said, recalling that
immediately following sentencing, the US Attorney said Mr. Pollard would
‘never see the light of day."
"Parole is a virtual impossibility under these circumstances," he
said.
Mr. Luchins disagreed, claiming that with the attendant publicity,
any parole board hearing for Mr. Pollard would become "the trial he
never had."
Outsiders?
Mrs. Pollard has reacted to such suggestions with fury, insisting
that "no outside presentations" are permitted at parole hearings.
"There are no star witnesses or outside legal eagles. Nor do letters
or petitions have any standing if they are not part of the official
file. As a rule, the parole officials examine the file well in advance
of the hearing and their decision, based on the contents of the
prisoner’s file, has already been made," she said.
But some local parole boards do consider letters on behalf of parole
petitioners, as well as the assessments of prison authorities.
In 1995, Benson B. Weintraub, an attorney consulted by Mr. Pollard’s
sister, Carol, agreed, at that time, a request for parole would be
ill-advised.
Mr. Weintraub said he had reviewed the material concerning a possible
parole with several "post-conviction attorneys" and they, he said,
concurred that "it would be ill-advised to proceed to hearing at this
time."
Mr. Weintraub suggested the Pollards not seek any Executive Branch
consideration, including clemency, but rather "global and national
political solutions."
Estrangement
Since that time, Mr. Pollard has become almost completely estranged
from his own family. His sister, who at one time had been his chief
supporter (and was frequently called "the sister you’d most want to have
if you were ever in trouble"), has reportedly not seen him in years.
In December 2001, when Mr. Pollard’s mother, Molly, died in Indiana,
Mr. Pollard reportedly unsuccessfully sought permission to attend her
funeral. Consent from prison authorities was reportedly denied because
he had been estranged from his family since 1996.
According to a 1997 report in Ha’aretz, the Pollard family
blamed Esther Pollard, whom Jonathan Pollard never officially married,
for convincing the prisoner to break off relations with his parents and
sister. Esther Pollard, originally Eileen Zeitz, came into his life
first as a visitor after his first wife, Anne, who was arrested with
him, was released from prison. Without Anne Pollard’s requesting it, Mr.
Pollard gave her a Jewish writ of divorce, and she reportedly relocated
to Israel.
One Line
According to the Ha’aretz report, Mr. Pollard told his family
that since they refused to follow the line of action Esther Pollard
chose for him, he was unwilling to see or speak to them again.
"We are broken-hearted. We don’t blame him. He’s been in jail for so
long that everything must be forgiven for him. But it’s such a pity that
that wicked woman who calls herself Jonathan’s wife, made it her aim to
disconnect our son from us," Molly Pollard told Ha’aretz.
When asked about this, Esther Pollard told reporters that Mr. Pollard
would reconcile with his family once he was freed. Molly Pollard did not
live to see it.
Episodic
Nevertheless, at the end of February, Mr. Pollard’s father, Morris,
who still resides in Notre Dame, Ind, and David Kirshenbaum, an attorney
who was once active in the Pollard case, jointly wrote an op-ed,
pointing out that American-Jewish, as well as Israeli, attention to the
Pollard case has been episodic, at best.
The last prime ministers to visit Mr. Pollard were Yitzhak Rabin and
Benjamin Netanyahu. "For nearly the past eight years, no Israeli prime
minister—neither Ehud Barak nor Ariel Sharon nor Ehud Olmert—ever
demonstrated any real interest in obtaining Jonathan’s freedom," said
Morris Pollard.
Mr. Kirshenbaum raised the point that, in the US, after 1996,
American Jewry’s efforts on Mr. Pollard’s behalf "began to fizzle out,
eventually grinding to a virtual halt." He has no longer been an
election issue at all.
Sealed Documents
Some legal authorities suggested that Mr. Pollard’s estrangement from
his family might be one of the reasons a parole board would look
unfavorably on any request. Other authorities said it would have no
bearing. But the subject is probably moot, because Mr. Pollard is not
seeking parole. The Pollards want clemency.
His current pro-bono attorneys, Eliot Lauer and Jacques Semmelman,
partners at Curtis, Mallet-Prevost, Colt & Mosle in Manhattan, had hoped
that they might win Mr. Pollard’s freedom if they could see the sealed
portion of his original court documents, which consists primarily of a
secret affidavit from then-Defense Secretary Casper Weinberger.
After he was arrested, Mr. Pollard, in a plea-bargain arrangement,
agreed to cooperate with the prosecutors and forego a potentially
embarrassing trial in exchange for leniency. He pled guilty, but, just
before he was sentenced, Mr. Weinberger passed a memo to the presiding
judge, Aubrey E. Robinson, Jr., who then imposed the stiffest sentence
short of the death penalty: life with a recommendation against parole.
Mr. Pollard’s supporters maintain that the harshness of the sentence
is proof that the government lied in its promise of leniency. Mr.
Pollard may well have done better had he refused to cooperate and
insisted on a trial, they say.
What’s in It?
There has been no dearth of speculation concerning the contents of
Mr. Weinberger’s memo, which, to date, remains sealed. Claiming that
without seeing the document they cannot adequately defend their client,
Messrs Lauer and Semmelman took their case to examine the document up to
the Supreme Court, which, just recently, refused to review it.
In a letter to the late Justice Arthur Goldberg, dated January 1990,
Harvard Law Professor Alan Dershowitz, who represented Mr. Pollard in
the early 1990s, addressed Mr. Goldberg’s assertion that the Weinberger
affidavit falsely accused Mr. Pollard of providing information to Israel
regarding American satellite surveillance of Israeli-supplied missiles
to South Africa. Mr. Dershowitz speculated that Mr. Weinberger might
have been pandering to Judge Robinson, an African-American, who "could
be expected to react strongly to any suggestion that Pollard was part of
the Israeli-South African connection."
In fact, Mr. Pollard was never accused, formally or informally, of
providing any such information to Israel.
"If the government did pander in this racially sensitive manner, it
behaved outrageously, especially if the information it provided to Judge
Robinson was not true," said Mr. Dershowitz.
Embarrassing
In a 2003 interview with the Jerusalem Report, Mr. Lauer said
he believed Mr. Pollard’s actions, rather than harming the US, had
simply embarrassed Mr. Weinberger, who, at the time, had been promoting
a campaign of befriending Iraq as a way of buttressing American policy
against Iran.
"Pollard was concerned that the Reagan administration had cut Israel
out of some key intelligence data on Arab troop movements, terrorist
activities, and biochemical activities in Iraq. Pollard gave that
information to Israel, and if you look at the public sentencing file,
you will see that Weinberger’s and the government’s complaint against
Pollard is that he was giving things to Israel that the government may
not have wished to give Israel because it embarrassed America with the
Arabs, that American was helping Israel too much vis-à-vis the Arabs,"
he said.
Mr. Pollard has maintained that when he asked his supervisors in the
US Department of Naval Affairs to explain why information about poison
gas in the hands of Israel’s enemies was not being shared with the
Jewish state, they told him: "Jews are too sensitive about gas."
"Dumb, Failed Policy"
In 1999, Angelo Codevilla, a professor of international relations at
Boston University who served on the staff of the Senate Intelligence
Committee between 1977 and 1985, maintained that Mr. Weinberger had
presented the false memorandum to Judge Robinson because of the former
defense secretary’s "embarrassment over a dumb, failed policy, and
moreover a policy in which he had a personal interest."
"The policy was building up Iraq, a policy to which Weinberger and
much of the rest of the US government sacrificed true American interests
during the 1980s. Up until the very eve of the [first] Gulf War the US
Government was still incredulous that Saddam Hussein would play anything
other than the role which the best and the brightest of the Reagan and
Bush administrations had assigned him," said Mr. Codevilla.
According to Mr. Codevilla, Mr. Pollard gave Israel US satellite
pictures of factories in Iraq that were, according to US intelligence
assessments, producing chemical weapons. According to Mr. Codevilla, the
problem was, those factories had been built and financed by Bechtel, a
company with close personal ties to Mr. Weinberger and then-Secretary of
State George Schultz.
"The pictures and intelligence assessments contradicted what the US
government was officially telling Israel. So the Israelis were coming to
America, and in official meetings were calling people like Weinberger
liars, which of course these officials did not appreciate," said Mr.
Codevilla.
How Much Data?
But some critics say the sheer amount of information taken by Mr.
Pollard for Israel was astounding. In his book, Capturing Jonathan
Pollard: How One of the Most Notorious Spies in American History Was
Brought to Justice, Ronald J. Olive, the former Naval Criminal
Investigative Service special agent who led the investigation against
Mr. Pollard, maintains that "no other spy in the history of our country
stole and sold to a foreign government the quantity and quality of
secret, top secret, and sensitive compartmented information."
According to Mr. Olive, Mr. Pollard took "360 cubic feet" of
material, "amounting to over one million pages of highly classified
information in only 18 months."
Mr. Codevilla called that assessment "a lie, an untruth that is known
to be an untruth."
"The intelligence people who say those things include all the
documents in the bibliographies and tables of contents of the documents
Pollard turned over," he said, explaining that if Mr. Pollard gave the
Israelis a book with a bibliography containing 50 books, he was accused,
unofficially at least, of giving them 51 books.
"If you add up all the books in all the bibliographies in all the
documents he turned over, you might say they would fill a small room.
But what he actually gave away was seven briefcases full, neither more
or less. Seven briefcases do not a room fill, except in the imaginations
of insincere people," said Mr. Codevilla.
According to Mr. Codevilla, Mr. Pollard "was sentenced not on the
basis of the indictment, but on the basis of Weinberger's false
information."
Pollard and Berger
Attorney and columnist Jeff Ballabon, who has not been particularly
pro-Pollard, nevertheless made the point last month that Mr. Pollard’s
crimes pale when compared to the theft of intelligence carried out by
President Clinton’s former National Security Advisor Sandy Berger,
"whose actions or inactions may have been linked directly to Al Qaeda’s
success in executing the horrible tragedy of 9-11—perhaps even worse."
"The documents Berger stole and destroyed may have contained
information which would help protect Americans in the future from
terrorism. And he is serving no time at all," said Mr. Ballabon.
Mr. Berger allegedly repeatedly broke into the National Archives,
taking confidential documents which may have proved embarrassing to the
Clinton administration. According to most reports, he stuffed these
documents in his clothing, including his socks, and then stashed them
under a nearby construction trailer until he could return, retrieve
them, and later destroy them.
When he was caught, he allegedly lied to investigators and tried to
shift blame to Archive employees.
"He paid a fine and has to do community service. It is a travesty,"
said Mr. Ballabon, noting that if Mr. Pollard has to serve life in
prison, Mr. Berger "should be in Gitmo undergoing interrogation."
Vacate the Sentence
Mr. Lauer said the Pollard team wanted access to the sealed file
precisely to debunk the charges that it held proof that, in giving
Israel information, Mr. Pollard had harmed the US. Mr. Lauer accused
those who say there is such information in that file of "simply making
it up."
In addition to efforts to view the sealed affidavit, Mr. Pollard’s
attorneys tried to vacate his sentence on the grounds that it had been
based on misconduct by the government (breach of the plea agreement by
which Mr. Pollard would cooperate with the prosecution in exchange for
leniency) and the fact that he had been denied his right to effective
counsel (his original attorney did not file for an appeal, and when Mr.
Pollard finally did appeal, the court said it was too late).
According to Mr. Lauer, he and Mr. Semmelman hoped that if the
sentence were vacated, a new judge would look at the record and decide
that the appropriate sentence would be "time served."
After the lower court rejected the application to appeal Mr.
Pollard’s life sentence, Messrs Lauer and Semmelman turned to the
Supreme Court. When the high court also denied the appeal, the rabbis of
Agudath Israel decided to give Mr. Pollard’s case a higher profile in
the Jewish community, chiefly because there seems to be no further
judicial avenues for him to pursue.
Significant Number
The fact that this thrust for Mr. Pollard is coming after 22 years
was significant to Dr. Joseph Geliebter, director of the Rabbi Leib
Geliebter Memorial Foundation, a Holocaust remembrance organization that
has endorsed the Agudath Israel call to action.
"In Jewish Biblical tradition, 22 years was the period that Joseph
was separated from his father, Jacob; the Talmud also indicates that
during the 22nd year of an unresolved matter, there is
Heavenly intervention," he said, citing the Gemara Tractate of Kesubos,
42b and the commentary by Rashi.
Even the very establishment Conference of Presidents of Major
American Jewish Organizations now seems supportive. For many years, Mr.
Pollard’s advocates have accused the Conference of promising Washington
that its members would not interfere on his behalf. But in a recent
letter to President Bush, the conference’s executive vice-president,
Malcolm Hoenlein, wrote: "While they represent a broad spectrum of
views, the 54 member organizations unanimously authorized us to
communicate this appeal that you grant clemency to Mr. Pollard…Mr.
Pollard has paid for his crime.
Unendorsed Activities
In Israel and the US, some Jewish groups associated with the late
right-wing activist Rabbi Meir Kahane have also decided to participate
in the project to win Mr. Pollard’s release. But many of their
activities have not been endorsed by Agudath Israel, National Council of
Young Israel, or the Pollards.
In Israel, Yekutiel Ben Yaakov, director of Mishalot Yisrael,
disregarded the pleas from the Pollards to eschew "any form of
anti-social protest on his behalf." Instead Mr. Ben Yaakov "implored"
Israelis "to risk minor arrest for Pollard’ by participating with him in
Jerusalem’s Zion Square in an unauthorized "lie-down-in-the-streets"
protest.
He justified his actions by insisting that "for obvious reasons, it
is unlikely to expect Jonathan, from jail, to call for people to break
the law on his behalf." Mr. Ben Yaakov cited the Talmudic passage which
says that a prisoner does not free himself from prison.
"Basically, it is our task to free him. Inevitably, the prisoner is
in no position to free himself due to the physical and psychological
reasons of dependency on the mercy of others," he said, adding that "no
struggle ever got anywhere without attention and civil disobedience or
worse."
Clearly in the Pollard-is-a-hero-camp, Mr. Ben Yaakov said Israelis
need to ask themselves "Where would we all be had Jonathan Pollard not
passed over vital security information to Israel?"
Violence
His demonstration attracted a few dozen people who chanted "Free
Pollard." According to Josh Shamsi of Arutz Sheva, it took about six
policemen to arrest Mr. Ben Yaakov.
"At one point, an officer had Ben Yaakov in a choke hold and could be
heard quietly urging him to ‘shshsh.’ After being released from the
choke hold, Ben Yaakov continued to chant loudly. He was eventually, and
with difficulty, dragged and shoved in a police cruiser," said Mr.
Shamsi.
Others, he said, continued to "chant, sing, and demonstrate with
posters."
March to Jerusalem
Other demonstrations in Israel do have the support of the Pollards.
The ORT Yeshiva High School in Tiberius announced it would plan a
three-day march, entitled "From Bondage to Freedom," beginning on the
first day of Nissin (March 20), to Jerusalem, to call attention to their
desire for Mr. Pollard’s release.
The students will stop at various historic sites along the way, and
hope to attract other high school students from around the country to
join them on the 52-mile hike.
"You can imagine what an impact it can have if hundreds of youths
waving Pollard banners and wearing Pollard shirts walk along the main
Tel Aviv-Jerusalem highway to the nation’s capital," said Rabbi Avichai
Golan, projects director at the ORT Yeshiva High School.
Once in Jerusalem, the students plan to submit to the American
Consulate on Agron Street a petition signed by thousands of young people
calling for Mr. Pollard’s freedom.
At the same time, the prestigious Jerusalem Conference, scheduled for
the Hyatt Hotel in the city, will present its "Lover of Zion" award to
Mr. Pollard. Mrs. Pollard is scheduled to accept it on his behalf.
Last month, at Bar-Ilan University, the Torah and Land Institute
honored Mr. Pollard, who also received honorary citizenships in Bat Yam,
Beit El, Kiryat Arba, and other localities.
Lack of Support
Over the years, the Pollards have been at least as—if not
more—critical of the treatment they have received from the Israeli
government than that which has come from the Americans. Until 1998, when
he won Israeli citizenship and recognition from the government that he
had actually officially been in Israel’s service, the Israelis
officially denied that he had been an Israeli spy. Before 1998, most
reports from Israel said he had been involved in a "rogue operation."
Although many of Mr. Pollard’s opponents in the US complain that he
and his wife are being supported by the Israeli government, the Pollards
complain that they are impoverished and have been all but abandoned by
Jerusalem.
In the middle of February, when the phone-in campaign was well
underway, the Pollards saw fit to become involved in an issue that, once
again, placed them squarely at odds with the left-wing Israeli
government and in sync with the Israeli right. Speaking against the
suggestion that Israel might release some prisoners with "Jewish blood
on their hands," Mr. Pollard said he would never want to be part of a
prisoner-release deal involving terrorists.
Letter of Support
While the Olmert government is clearly considering releasing some
terrorists to the Palestinian Authority as well as to Jordan, there has
been no public intimation that, in exchange, Israel would get Mr.
Pollard.
Nevertheless, Mr. Pollard made public a letter he had written to the
parents of Captain Yehuda Lifshitz, who, in November 1990, was killed
when he led an IDF force against a terrorist group that had crossed the
Jordan River and was on its way to carry out a massive terror attack in
Jerusalem. In a battle shortly after dawn, Mr. Lifshitz was killed,
leaving behind his parents and two brothers.
Now, Jordan is asking for the release of four of Mr. Lifshitz’s
murderers. Citing the "special relationship" between Israel and Jordan,
Mr. Olmert is reportedly considering granting the request on condition
that they serve the rest of their sentence in Jordanian prisons. One of
the four is the brother of a member of the Jordanian parliament.
"Dismal Record
In his letter to the Lifshitzes, Mr. Pollard wrote, "Israel’s dismal
record since the signing of the Oslo Accords shows a clear pattern of
favoring our enemies by releasing terrorists and murderers, always at
the expense of their victims and the victims’ families. It is a blot on
the honor of the Nation of Israel that the Government is far more
concerned about appeasing the Americans (who demand these humiliating
prisoner releases) and placating our enemies than it is about
discharging its most basic responsibilities to those who serve the
State. Olmert’s intention to free Yehuda’s murderers—without any moral
or legal basis for doing so, proves that."
In a obvious dig at those in the Israeli government who have not
helped his cause, Mr. Pollard said, "Israel is duty-bound to return home
all those who have fallen into captivity while serving the state, but
not through deals with the devil who promises to continue to spill
Jewish blood."
He closed his letter by promising the Lifshitzes that he and Mrs.
Pollard "shall not be silent" and "are prepared to speak out against
this evil."
Asked to comment on Mr. Pollard’s letter, an official in the Prime
Minister’s Office said, "We have no interest in responding to remarks
which certainly sound as if they come from the heart, even though they
are inaccurate."
Many Rallies
In the US, another organization associated with Rabbi Kahane, Bnei
Elim, also held a series of lie-in-the-street rallies timed to coincide
with the ones in Israel. These were held on Broadway between 46th
and 47th Streets in Manhattan, as well as at locations in
Florida, Chicago, Boston, Philadelphia, Los Angeles, San Francisco,
Atlanta, and Taylorsville, Utah.
The Midrashah Tzionit, a Jewish educational center in Kiev, Ukraine,
declared the month of Shvat a time of struggle for the release of Mr.
Pollard. The group staged hunger strikes and sent petitions to the
Israeli government, demanding "immediate and urgent steps" to secure Mr.
Pollard’s release.
Demonstrations were also held in Odessa, Minsk, and Moscow.
Impact of the Sages
While it is unclear how these demonstrations will affect Mr.
Pollard’s future, many observers say an historic letter sent by Israel’s
Torah sages may do more for Mr. Pollard in terms of prompting continued
efforts by hareidim than all the protests put together.
According to Rabbi Ginzberg’s article in The Jewish Observer,
when he conferred with the revered Israeli posek and Torah
authority, Rabbi Yosef Shalom Elyashiv, on the issue of working publicly
for Mr. Pollard’s release, the Israeli sage commented that although Mr.
Pollard clearly committed a crime, his punishment was disproportional.
According to Rabbi Ginzberg, it was clear to Rabbi Elyashiv that Mr.
Pollard is being penalized because he is a Jew.
Rabbi Elyashiv’s verdict was that helping Mr. Pollard is a "chesed
gadol me’od," an extremely great act of compassion.
To that end, Rabbi Ginzberg encouraged his readers not only to call
the White House, but also to donate money to help Mr. Pollard purchase
food from the prison canteen and pay for phone calls. Contributions can
be sent to Young Israel Charities, 111 John Street, Ste 450, New York,
NY 10038, Attention: Pollard.
Historic Letter
Rabbi Elyashiv and another Torah sage, Rabbi Aron Leib Schteinman, of
Bnei Brak, penned a letter to Mr. Bush asking for clemency for Mr.
Pollard, appealing to the President as the leader "of the greatest power
on Earth, the epitome of compassion and generosity."
The letter, written in Hebrew and English, was sent to Mr. Bush via
Jeremy Katz who serves as special assistant to the President and liaison
to the Jewish community. Copies of the letters were also sent to various
Jewish communal leaders and activists, urging them to use their
relationships to have the letters presented to Mr. Bush.
As was the case with the American rabbis of Agudath Israel, Rabbi
Elyashiv’s involvement was a direct result of the efforts of Rabbi
Lerner, who developed a personal and professional relationship with
Rabbi Yosef Efrati, one of Rabbi Elyashiv’s confidants, and Rabbi
Efrati’s associate, Rabbi Chaim Schor.
At a meeting of the four rabbis in Rabbi Elyashiv’s home, the Torah
sage was briefed on Mr. Pollard’s history, health condition, and his
self-sacrifices to keep mitzvoth in prison.
Rabbi Elyashiv then threw his support behind the effort to effect Mr.
Pollard’s release. He urged Rabbi Lerner and the NCYI to "do everything
possible" to further that goal.
"To our knowledge, the letter is historic. These sages have never
written to an American President, and especially not under these
circumstances, with such a request," said Rabbi Lerner, adding that he
had been hoping for a unity letter of support for Mr. Pollard in order
to arouse public concern.
"It was the gedolim who made the decision of how to write it,
how to phrase it, and whom it should be addressed to," said Rabbi
Lerner.
An Example
After the letter was sent, Mrs. Pollard, in a statement to IDF Radio,
called on Mr. Olmert to follow the example of the Torah sages by making
an immediate demand for Mr. Pollard’s release.
"Mr. Olmert does not have to free murderers or terrorists. He does
not have to negotiate with our enemies. All he has to do is bring
Jonathan home now and he will have blessing and the thanks of the
Nation," she said.
She said the infusion of "new blood" into the fight for Mr. Pollard
"can only add to the momentum" that has begun as a result of the
statements by Messrs Woolsey and Ross and the new White House Call-In
Campaign initiated by NCYI and Agudath Israel of America. In the wake of
these initiatives, she said, "hundreds of Jewish organizations have been
swept into action."
Those who wish to participate in the call-in to the White House
campaign are asked to dial 1-202-456-1414 between the hours of 11am and
2pm Eastern Standard Time.
"Every phone call is important, and everyone is encouraged to call
daily. You don’t have to be a citizen to call; just a mensch," said
Rabbi Lerner, who can be reached at 212-929-1525.