-Caveat Lector- WJPBR Email News List [EMAIL PROTECTED] Peace at any cost is a Prelude to War! Once the Summit was underway, Clinton "forgot" his promise to free Pollard. Netanyahu knew he had been had but there was little he could do about it at that point. Talks at Wye soon broke down over the release of Palestinian murderers with Jewish blood on their hands, and over Israel's request for the extradition of Ghazi Jabali, the chief of police in Gaza who was wanted for his role in planning and executing terrorist attacks in Israel. To break the stalemate, the Palestinians suggested Jonathan Pollard as the solution. They proposed that Pollard be "sold" to Netanyahu once again: The U.S. would give Jonathan to Israel in return for Israel's freeing hundreds of Palestinian terrorists, and immunity for Ghazi Jabali. The U.S. and Israel agreed to the Palestinian plan to swap Pollard for terrorists and murderers. President Clinton personally worked out the details in a late-night private session with Palestinian and Israeli representatives. According to the deal, Prime Minister Netanyahu was to receive a letter from President Clinton the next morning (one of approximately 30 letters the Americans had promised) guaranteeing Pollard's release for November 11, 1998, one week after the U.S. House elections. Jonathan Pollard did not agree to this deal. He was not even consulted. Had Pollard been consulted, he would have warned the U.S. and Israel that making deals with terrorists only encourages them – and that his freedom should be arranged in a way that redresses the injustices in his case and brings honor to both the United States and Israel. Nevertheless, the fact remains that Pollard's release was negotiated at Wye in a currency agreed upon by both Israel and the United States. What is more, the Pollard negotiation was the deal-maker at Wye which allowed the summit to be successfully wrapped up and a signing ceremony to be planned for the next morning in Washington on Friday, October 23, 1998. Only hours before the signing ceremony, P.M. Netanyahu received all of the American letters that had been promised to him except one – the one guaranteeing the release of Jonathan Pollard. Netanyahu threatened not to attend the signing ceremony unless he got the Pollard side letter. Clinton said, "Trust me." Netanyahu, knowing he was about to be double-crossed by Clinton over Pollard for the second time, refused. Netanyahu demanded that in the absence of a letter of guarantee, Pollard should be freed into his custody immediately, or no signing ceremony. Ariel Sharon, who was then a Cabinet minister and is now prime minister of Israel, supported Netanyahu and they threatened to leave Wye without signing the Accords. In order to take the pressure off President Clinton, CIA chief George Tenet leaked the news of Pollard's imminent release to the media in a deliberate – and ultimately successful – attempt to torpedo the deal. He sent emissaries to Capitol Hill to hold emergency meetings with leading senators and congressmen to enlist their support in publicly denouncing Pollard's release. Many lies were told by the CIA emissaries to convince the American legislators to act swiftly and in unison. Believing the lies, the legislators complied and began an unprecedented series of public actions to prevent the release of Jonathan Pollard. Meanwhile, at Wye, under heavy pressure and still fearful that Netanyahu would not back down, Clinton quickly negotiated a private fall-back position with Netanyahu: Clinton would publicly promise to do a "speedy review" of the Pollard Case and he would use that review to free Pollard a few months later, parallel to the release of the 750 Palestinian terrorists who were part of the price Israel had agreed to pay for Pollard. Under heavy public pressure and betrayed by his own minister of defense, Yitzhak Mordecai, who closed ranks with Clinton, Netanyahu reluctantly and with misgivings accepted this private deal. The signing ceremony was held in Washington as scheduled. Netanyahu's capitulation at Wye and the lopsided deal he brought home from the summit, now that Pollard was no longer publicly perceived to be a part of it, would shortly cost him his premiership. This, in turn, would jeopardize the private deal that Netanyahu had made with Clinton because it required the next prime minister to ensure that Pollard's release was delivered as promised by the U.S. After the signing of the Wye Accords, when Clinton had all that he wanted from the Israeli leader, the White House falsely accused Netanyahu of having injected Pollard into the summit at the last moment. However, eye-witnesses to the Pollard deal at Wye, including the Israeli and the Palestinian who had negotiated the deal with Clinton, and the former Israeli Cabinet secretary, Dani Naveh (currently minister without portfolio), all later contradicted the White House version of events and affirmed that President Clinton had committed the United States to the release of Jonathan Pollard as an integral part of the Wye Accords. When Netanyahu returned to Israel after Wye, he created a firestorm of publicity by releasing 200 Palestinian common criminals from Israeli prisons. The Palestinians were outraged because they insisted that these common criminals were not the prisoners that they had bargained for at Wye. The Americans also angrily protested. Netanyahu reminded Washington that the Wye Accords do not specify exactly which prisoners Israel must release. Critics wondered why the prime minister would so deliberately antagonize the Americans this way. Only those close to Prime Minister Netanyahu understood that this was Netanyahu's private, pointed reminder to Bill Clinton that if he were thinking of double-crossing him over Pollard yet a third time, he should think again. No Pollard, no release for the Palestinian murderers and terrorists. Unfortunately for Jonathan Pollard, Netanyahu's government fell before he was able to act on this. In a meeting with Netanyahu right after his electoral defeat in the Spring of 1999, Jonathan Pollard's wife, Esther, received assurances from Netanyahu that the new prime minister, Ehud Barak, had been fully briefed about what had been agreed to at Wye and about the fall-back position – that is to say, Israel had yet to free the 750 terrorists with blood on their hands and was still supposed to receive Pollard home in what would be publicly presented as a parallel "gesture" from President Clinton. Not long after Barak took office, the 750 Palestinian murderers and terrorists walked out of prison as free men. Jonathan Pollard remained in his American jail cell. In an attempt to justify Clinton's reneging at Wye, a story was leaked to the press that George Tenet had threatened to resign as head of the CIA if Pollard were released. It became popular to cite the opposition of the American intelligence community as the reason Clinton did not honor the U.S. commitment at Wye to free Pollard. This would soon be exposed as nothing more than a lame excuse. In September of 1999, Clinton ignored a solid wall of opposition from the Justice, Intelligence and Defense Departments and Congress, and invoked his powers of executive clemency to free a group of unrepentant FALN terrorists in an apparent attempt to gain Hispanic support for his wife in her N.Y. Senate bid. In doing so, Clinton effectively put the lie to the notion that any government agency might tie his hands or influence his decision in matters of clemency. CIA chief Tenet's alleged threat to resign was clearly an excuse, not the reason, for keeping Pollard in prison. More than two years after Wye, President Clinton's "speedy review" of the Pollard case still had not occurred. Jonathan Pollard remained in prison while the U.S. continued to extract Israeli concessions for his release. Those who still believed the myth that the American intelligence community was tying the hands of President Clinton also clung to the belief he would finally honor America's promise to release Jonathan Pollard at the end of his term, when he could do so without fear of political reprisal. But when Clinton left office in January 2001, Jonathan Pollard was not included among those to whom he granted clemency, in spite of the American commitment to free Pollard as an integral part of the Wye Accords; in spite of the appeals of the Jewish community; and in spite of the demonstrable injustices of the Pollard case which include: a grossly disproportionate sentence; a plea agreement violated by the U.S. (honored by Pollard); the use of secret evidence; a false charge of treason; ineffective assistance of counsel; a lack of due process; and a sentencing procedure infected by false allegations and lies. On his last day in office, Clinton granted clemency to 140 people. Many of these pardons were judicially insupportable and it was suspected that many of the recipients had "bought" them with very large financial contributions. The most flagrant of these tainted pardons was granted to a notorious billionaire, a criminal fugitive from justice who never stood trial, much less spent time in prison. Again, although the legal system and the clemency process have repeatedly failed to do justice in the case of Jonathan Pollard, there remains one last avenue for relief. The commitment that the United States made at Wye to free Jonathan Pollard is still in effect – still viable – and has yet to be honored. On February 28, 2001, Minister Dani Naveh, an eyewitness to the Wye deal, made the following remarks in the Knesset Record: The former President of the United States, Bill Clinton, made an explicit commitment to the then-Prime Minister of Israel, Benjamin Netanyahu, to release Jonathan Pollard. … This promise was made prior to the Wye Summit and [again] during the course of the negotiations at Wye. ... This was not a personal promise made to a particular prime minister. ... This was a promise made to the State of Israel and to the People of Israel. – Dani Naveh, minister without portfolio As Naveh clearly indicated, at Wye, Mr. Clinton acted in his capacity as president of the United States and the commitments he made as an integral part of the Wye Accords are binding upon successive administrations until fulfilled. The current prime minister of Israel, Ariel Sharon, was also an eyewitness to America's promise to free Jonathan Pollard. Both morally and legally, Sharon has no right to "forgive" that commitment to free Jonathan Pollard which was paid for so heavily in Israeli blood, territory and self-respect. Since the Wye Summit, terrorist chief of police Ghazi Jabali has remained immune from all charges and, to this day, continues to plan and promote terrorist attacks against Israeli civilian targets. Thanks to the U.S., the ranks of his bloodthirsty "army" are now larger by 750 terrorists – the price Israel paid at Wye for Jonathan Pollard. It is high time for America to fulfill her end of the deal by releasing Jonathan Pollard. His life sentence is a travesty of justice – the product of malicious lies – driven by America's determination to appease her Arab allies. Jonathan Pollard put it best when he recently said, "My release must be a matter of principle – of justice and of due process – and it should reflect the honor and integrity of the U.S.-Israel special relationship. Israel has already paid for my release at Wye. It is time to collect it." Now, more than ever, Israel must honor its commitment to Jonathan Pollard by collecting on America's promise to free him – and America must fulfill its commitment to Israel. By releasing Jonathan Pollard, America will demonstrate her renewed commitment to equal justice for all – untainted by political motive – and reaffirm her relationship to Israel as a valued ally and faithful partner in the war against terrorism. ------------------------------------------------------------------------------ -- Larry Dub has been associated with the Pollard case since the time of Jonathan Pollard's arrest in 1985. He became Jonathan Pollard's Jerusalem-based attorney in 1994. He and his partner, Baruch Ben-Yosef, filed a series of suits in the Supreme Court of Israel which resulted in the government of Israel recognizing Jonathan Pollard as a bona fide Israeli agent and in granting him Israeli citizenship. In the U.S., Jonathan Pollard is represented by Eliot Lauer and Jacques Semmelman of Curtis, Mallet-Prevost, Colt & Mosle LLP – Park Avenue, N.Y. *COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. 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