-Caveat Lector-

EDITORIAL
September 24, 2000


Will the spy come in from the cold?

Jonathan Pollard, the spy who was sentenced to life in prison in
1987 after pleading guilty to spying for Israel, has, as
expected, become an important issue in New York' Senate race
featuring first lady Hillary Rodham Clinton.  Predictably, Mrs.
Clinton has addressed this issue in her typically disingenuous
style.

The political background is rather straightforward.  The Jewish
vote in New York will be critical.  Mrs.  Clinton needs to
consolidate this important part of the Democratic base.  One way
to do so would be for President Clinton, responding to the pleas
of many American Jewish leaders, to grant clemency to Pollard.
They, of course, are not alone. Indeed, after denying for years
that Pollard ever spied for Israel, in recent years both
right-wing and left-wing Israeli governments have embraced
Pollard, who was awarded Israeli citizenship in 1995, as a
national hero.

Pollard's prospective release even became an explosive issue at
the 1998 Wye Plantation Israeli-Palestinian peace talks moderated
by Mr. Clinton.  Benjamin Netanyahu, Israel's prime minister at
the time, insisted that Mr.  Clinton had promised clemency for
Pollard during the Wye negotiations.  Once word of such a promise
reached the CIA, however, Director of Central Intelligence George
Tenet reportedly threatened to resign if Pollard were released.
Mr.  Clinton had to back away from his commitment, and the Wye
accords nearly collapsed.

Mr.  Clinton, who had denied clemency on three previous occasions
in response to unanimous recommendations against clemency from
law-enforcement and national security agencies, then announced
that he would review the case once more.  Nearly two years later,
he still has not revealed his decision.  Hence, there is
legitimate concern that the White House will spring an "October
surprise" by announcing the president's decision to spring
Pollard.

Apart from the consideration of craven political calculations
involving an issue of profound national security importance,
clemency for Pollard would be a grave mistake.  On this there
appears to be unanimity among all government agencies concerned —
except the politicos in the White House.  Indeed, as Seymour
Hersh reported in a 1999 New Yorker essay, then-CIA Director
William Casey told a station chief that Pollard, at the height of
the Cold War, had sold — yes, sold — Israel "our attack plan
against the USSR — all of it." Pollard also provided Israel with
U.S.  techniques to track Soviet nuclear submarines — information
that would only be of practical importance to the Soviet Union.
Whether Israel subsequently traded this information to the USSR
in exchange for increased Jewish emigration, as some speculate,
or whether the KGB acquired this information by infiltrating
Israeli intelligence, the U.S.  government nonetheless assembled
enough evidence for then-Defense Secretary Caspar Weinberger to
inform the sentencing judge in a secret affidavit that Pollard's
actions may have resulted in the most sensitive U.S.
intelligence information being acquired by the USSR.  Hence, the
life sentence.

The question of clemency for Pollard surfaced during the debate
between Mrs.  Clinton and Republican nominee Rick Lazio.  Mrs.
Clinton, who had conducted her 1993-94 health care deliberations
in secrecy in violation of U.S.  law and whose husband took a
two-by-four to the American justice system by claiming one pseudo
privilege after another during the Monica Lewinsky scandal, had
the chutzpah to express concern for "due process issues"
involving Pollard.

"There was secret evidence put in before the court that has never
been revealed," Mrs.  Clinton said, referring to the top-secret
damage-assessment report Mr.  Weinberger prepared for the
sentencing judge.  "It does bother me that there was evidence
presented that no one has seen," said Mrs. Clinton, who, as a
junior attorney for the House Judiciary Committee's investigation
of the Watergate scandal, sought to deny President Nixon legal
counsel.  In fact, obviously, U.S. District Judge Aubrey E.
Robinson Jr.  saw the highly classified evidence.  And when
Pollard's defense attorney argued the damage caused in the case
was exaggerated, Judge Robinson summoned the attorney to his
bench, pointed to a passage in the Pentagon's top-secret damage
assessment and asked, "You don't consider that damage?" As it
happens, moreover, in response to an appeal by Pollard, the U.S.
Court of Appeals upheld his life sentence in 1992.

None of this matters to Mrs.  Clinton.  Pretending during the
debate that her concerns merely related to "due process issues,"
Mrs.  Clinton nonetheless directly interjected herself days
earlier into another Pollard matter devoid of due process
concerns.  On Aug.  23, New York Jewish leaders brought to Mrs.
Clinton's attention the fact that Pollard was to be transferred
to a less comfortable unit at the North Carolina federal prison
where he was serving his sentence.  Mrs. Clinton immediately
contacted White House officials.  She informed the New York
Jewish leaders days later that she had taken care of the problem.
Indeed, she had.  "She did it," her campaign spokesman Howard
Wolfson said, presumably with a straight face, "because the issue
was brought to her attention and she was concerned on
humanitarian grounds." Difficult though it may be to believe,
Mrs.  Clinton has as little credibility as her husband.


cn

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