ON THE POTOMAC > >Date: Wed, 30 Aug 2000 15:32:18 +0200 > >SHIRAZ ON THE POTOMAC > >The Trial of the Shiraz Jews and The Pollard Case > >Jewish Press (NY)- Sept 1 2000 > >by Rabbi Yitzchok Adlerstein > > > > > >[Note: The characters in this story are fictional. All the facts >cited > >about the Pollard case are true.] > >[Truncateds Extract only: for full article contact [EMAIL PROTECTED] ><mailto:[EMAIL PROTECTED]> >] > > > > Ali Mostophi, second officer at the Permanent Mission to the >United > >Nations of the Islamic Republic of Iran smiled to himself when he >saw > >Jack Ferguson approaching. > > > >As often as protocol and the rule book allowed, the young American, >a > >junior officer in the diplomatic corps, sought out Mostophi at the >13th > > > >floor lounge at the UN. Ferguson enjoyed prying off-the-record > >observations and analysis from him. Nothing earth-shattering, but >it > >made Mostophi feel like a bit of a mentor to someone, and it had >been a > >long while since young people in the full bloom of their idealism >looked > >up to him. > > > >Anticipating their usually friendly banter, Mostophi was taken >aback by > > > >the edge in Ferguson's voice. > > > >"You know that I've never swallowed the conventional line that >paints > >Iranians in shades of black. But after this Shiraz fiasco, how can >any > >educated person see your people as anything but primitive >fanatics?" > > > >The news headlines that morning had announced the sentencing of 10 > >Iranian Jews charged with spying for Israel. Mostophi understood. >"You > >are troubled, no doubt, over the sentences of the Shiraz Jews. Do >you > >want to vent, or do you want to learn something?" > > > >"Learn? What's to learn? You violated every rule sacred to modern > >judicial systems!" > > > >Unruffled by the young man's sharp tone, Mostophi offered, "Stop >right > >there, let me finish for you. I will tell you exactly what you >find > >ugly > >and offensive. You were about to tell me, of course, that the >Shiraz > >Jews were convicted without benefit of effective counsel. You want >to > >moralize about how there was no jury, only a judge who had reason >to be, > >shall we say, 'biased.' And of course you will certainly point out >that > >the Shiraz Jews were convicted on the basis of evidence that was >never > >shown to them. Correct, so far?" > > > >The wind taken out of his sails, Ferguson said only, "Yes, but >you've > >left > >out the most upsetting element of all." > > > >"That," said Mostophi, "would be the anti-Semitic thrust of the >whole > >episode. When you hear that a government would fan the flames of > >prejudice against the world's favorite scapegoat, you are reminded >of > >Czarist Russia, right?" > > > > "Precisely," countered Ferguson, although with a bit of hesitation > >about > >what was to follow. > > > > Mostophi spoke quietly and confidently. "First let me assure you >that > >your whole premise is incorrect. The trial has nothing to do with > >anti-Semitism. > > > >Ferguson sensed that something important was coming. "So why the > >show-trial?" > > > >Mostophi settled back into his chair. "Nothing against the Jews per >se. > >They do, however, serve a useful function." > > > >"A useful function?" > > > >Mostophi nodded. "Our country is on the verge of some relaxing of > >restrictions, the first in many years. People get drunk with a >little > >freedom. Remember how quickly the Soviet Union crumbled once >people > >sensed that their freedom was increasing? We aren't ready for >that. We > >needed to broadcast a message that we are still prepared to rein >people > >in, if they gallop too quickly." > > > >Ferguson frowned. > > > >Mostophi explained, > > > >"Of course," said Mostophi firmly. "The trial of the Jews >effectively > >sent > >a message aimed more at the rest of our people than the Jews." > > > >"So you really don't hate the Jews. You are just prepared to >sacrifice > >a > >few of them to make a point." > > > >Mostophi sighed, "And you, my dear Ferguson, have missed the entire > >point." He let Ferguson stew for a moment, "It is natural for > >governments to take cues from others, to see how far they can go in > >pushing their own interests." > > > >"What are you getting at?" Ferguson prodded. > > > >"Do you recall what Hitler told his generals before invading >Poland? He > > > >said, 'Go, kill without mercy . . . who today remembers the >annihilation > >of > >the Armenians?' " > > > >"So?" > > > >"What one nation does is a trial balloon for the plans of the next. >In > >other words, if the United States, the supposed world paragon of > >judicial virtue can callously deny the rights of one person to suit >its > >own needs, then some of the rest of us can go a good deal further." > > > >"Just what are you driving at?" > > > >"I should think that you would have caught on by now," Mostophi >said. He > > > >leaned towards Ferguson and pointed an accusing finger, "You >Americans > >led the way with your famous Pollard case." > > > >"But Pollard was guilty! And your defendants are innocent!" > > > >"Guilty of what?" Mostophi shot back., "Of spying for a friendly > >country? > >Yes, to be sure! But see how his treatment has been >disproportionately > >severe, relative to people convicted of downright treasonous spying >- > >the > >kind that compromised the identities and lives of hundreds of your > >operatives while the Cold War was in progress. Why was Pollard >treated > >differently? Because he was Jewish!" > > > >Ferguson grimaced. > > > >"Preposterous, you say? The United States is hardly anti-Semitic? > >Perhaps, but there were other factors. Would you be surprised if >I > >told > >you that one element in the perversion of justice - as reported by >your > > > >own media - involved a decision by the Joint Chiefs of Staff to >make an > > > >example of Pollard. They wanted to send their own message." >Mostophi > >paused for effect. "They couldn't keep Jews out of the highest >places > >in the government, but they didn't trust them either. There is >this > >issue of dual loyalty to Israel. Best to let all American Jews >know: > >you are welcome to work here, but you better leave your feelings >for > >Israel at the door. In fact, your Defense Department even went so >far > >as to use Pollard to justify a security alert which was circulated >to > >all American corporations doing classified work that they should > >consider their Jewish employees as security risks because of their > >religious attachment to Israel." > > > >"I don't believe that." > > > >"You don't believe the Washington Post or the rest of your >'credible' > >news sources?" > > > >Ferguson squirmed in his seat but did not reply. > > > >Mostophi continued, "Over the years, we have watched how cleverly >the > >Pollard case has been used by your people. We have learned the >lessons > >well." He had Ferguson's attention. > > > >"For your Defense and Intelligence crowd, the Pollard case became >a > >tool to diminish Jewish influence. For those individuals in the > >government who have little use for close ties between the US and >Israel, > >the case was and still is a convenient means of calling into >question > >Israel's reliability as an ally. To this day, whenever it is >needed, the > >Pollard specter is pulled out of the closet and the bones rattled >at the > >Jews. It reminds them not to get too presumptuous. On that score, >you > >Americans have learned well from us, that Jews can be good >citizens, > >but must be kept in their place." > > > >"But Pollard was a traitor!" Ferguson attempted to stem Mostophi's > >argument but he was no longer feeling very sure of himself. > > > >Mostophi smiled, "Pollard a traitor? Just like the Jews of Shiraz? > >Listen, > >Ferguson, did you know that Pollard was never charged with treason? >He > >couldn't be - after all he spied for an ally. But that did not >stop > >your > >people from constantly implying that he had committed treason. >Even his > >life sentence - completely inappropriate for the one count of >friendly > >espionage he was indicted on - reflected a false charge of treason. > > > >"But why?" > > > >"There were a number of reasons. The false charge of treason was >first > >made by your former Secretary of Defense, Caspar Weinberger, in a >secret > >memorandum that he delivered to the judge at Pollard's sentencing." > > > >"That doesn't make any sense. What would be the motive for >Weinberger > >to falsely accuse Pollard of a crime like treason? Perhaps you > >misunderstood." > > > >"No. Think about it. Your laws define a traitor as one who spies >for an > > > >enemy during time of war. Israel is not an enemy - and even if it >were, > >the US is not at war with Israel. So what was the point of falsely > >accusing Pollard of treason? If Pollard could be portrayed as a > >traitor, then logically it must follow that Israel is the enemy. >What > >this accomplishes is a de facto political redefinition of Israel >as an > >enemy state. To this day, the average American reading his daily > >newspaper believes the lies that Pollard was a traitor and the >worst > >spy in American history - which is truly laughable. This tactic > >continues to be the single most effective means of pressuring >Israel, as > >needed. It is no doubt the most successful means that has been >used > >this century to undermine popular support for the US - Israel >special > >relationship." > > > >"Let me get this straight. Are you saying that the Pollard case is >not > >about Pollard?" > > > >"It is about Pollard in the same way that our spy case is about the > >Shiraz > >Jews. The message is more important than the medium." > > > >Ferguson was troubled by what Mostophi was saying but couldn't >think of > >an effective rebuttal. > > > >"Look," Mostophi continued, > > > >"Pollard himself is of no concern to me. The issue is that except >for > >the > >people who locked him up and threw away the key, no other Americans >know > >anything about what Pollard really did. That is the crucial point. >When > >the United States government found it within its interest, it >engineered > >a way to lock Pollard away while denying him the rights that are > >supposed to be sacred in your country." > > > >"Pollard had his day in court," Ferguson insisted. "Even Senator > >Lieberman says so." > > > >"The good Senator has it backwards. Our Jews in Shiraz had their >day in > >court. Your Jew never even had a trial." > > > >"Come on! Pollard never had a trial? " > > > >"Never." > > > >"Okay. You have my attention. Explain." > > > >"The point isn't innocence or guilt, but that Pollard was >railroaded by > >some powerful forces." > > > >"Railroaded? Okay maybe he did get a heavy sentence, but that is > >justice, not railroading. What he did was terrible." > > > >Mostophi sighed > > > > > "Pollard was set up from the day he was caught spying for Israel. >You > >remember the Israelis returned the documents that Pollard had given >to > >them?" > > > >Ferguson nodded, "I remember reading about it." > > > >"The Americans leaned on the Israelis to return those documents. >This > >was of course unheard of - asking a country to provide evidence >against > >its own agent. The Israelis balked at first, but finally agreed on >the > >condition that the returned documents would not be used against >Pollard. > > > >The Americans promised; but even before the ink was dry, they >violated > >this agreement." > > > >"I don't believe that." > > > >"The Americans immediately used the documents to coerce a guilty >plea > >from Pollard, and to secure his cooperation." > > > >Ferguson did not argue. > > > >"The Americans struck a plea bargain with Pollard without ever >telling > >him that they had committed not to use these documents against him. > >Without that information, Pollard was never able to take the > >appropriate legal steps to defend himself." > > > >"Wait a minute. You said Pollard had a plea-bargain. Why did he >need to > >defend himself? An American plea-bargain is iron-clad." > > > >"In other cases, perhaps . Not in the case of your Jew. The >Americans > >violated the plea-bargain with Pollard, but he had already waived >his > >right to a trial. He had no recourse. Sound familiar?" > > > >"You're implying just like the Jews in Shiraz?" > > > >"Yes. And just like Shiraz, his fate was not in the hands of a >jury, but > >of > >a single judge." > > > >"But in America, there are legal safeguards to prevent a judge from > >exercising bias." > > > >"Oh really?" Mostophi mocked. " And yet your Caspar Weinberger >recently > >revealed in an interview that the secret memorandum that he >submitted to > >the judge on the day that Pollard was sentenced had actually been > >solicited by the judge." > > > >"What is wrong with that?" > > > >"A lot. It seems that the judge had asked for Weinberger's >assessment > >and recommendations about how much damage Pollard had done without > >mentioning this solicitation in the record! Pollard and his >attorneys > >did not get to preview the document or to challenge it before it >was > >used at sentencing to put him away for life." > > > >"But Pollard pleaded guilty. You commit the crime, you do the >time." > > > >"Really, my friend, and what about the great American principle of >'due > >process'? Is due process a drum you beat only for the Jews of >Shiraz, > >but not for your own?" > > > >Ferguson was starting to feel uncomfortable. He hoped that the >older man > >would not notice. > > > >Mostophi continued, "On the basis of the secret memorandum >Weinberger > >presented to the judge at the last moment before sentencing, >Pollard's > >plea bargain was thrown out and he was given a life sentence for a > >crime that probably would have carried no more than a 2 to 4 year > >sentence, had he gone to trial. Who plea bargains for a life >sentence?" > > > >Ferguson persisted, "At least Pollard saw the evidence and he was > >allowed to defend himself." > > > >"Not exactly. Pollard and his attorneys saw the secret memorandum >for > >only moments before sentencing - enough time to see the false >charge of > >treason in it, but hardly adequate time to mount an appropriate >legal > >defense. From that day on, Pollard and his attorneys have never >been > >allowed to see the document again in order to challenge it in a >court of > >law - a clear violation of the man's American right to due >process." > > > >"But I've read that the FBI has a whole file filled with evidence >of > >the > >damage Pollard did to American security." > > > >"That is what your government wants you to believe. To this day, >the > >Americans continue to claim that there is "secret" information >about how > > > >bad Pollard was. They won't share that information, of course, so >the > >result is the same as our citing 'security concerns' about the >evidence > >that convicted the Shiraz Jews." > > > >"But we are a democracy. Our government is reliable in its claims." > > > >"One of your own, a Senator Charles Schumer, didn't think so. He >decided > >to have a look for himself. Schumer examined the classified Pollard >file > >a few months ago, and he announced that there was nothing in it - > >nothing to justify Pollard's sentence." > > > >Ferguson did not answer. > > > > >Ferguson watched as Mostophi rose, turned his back and walked away. >His > >indignation began to subside when he realized that even if he were >to > >confidentially share Mostophi's disquieting observations with some >local > > > >Jewish leaders, they would probably agree that the whole exchange - >just > >like Pollard - should just remain buried. After all, what good >would be > >accomplished by reminding American Jews just how close they live to > >Shiraz? I guess cowardice really is the better part of valor these >days, > >Ferguson thought, as he sat back and contemplated the New York City > >skyline. -30- > > > >Rabbi Yitzchok Adlerstein holds the Sydney M. Irmas Chair in Jewish >Law > >and Ethics at Loyola Law School in Los Angeles. <A HREF="http://www.ctrl.org/">www.ctrl.org</A> DECLARATION & DISCLAIMER ========== CTRL is a discussion & informational exchange list. Proselytizing propagandic screeds are unwelcomed. Substance—not soap-boxing—please! These are sordid matters and 'conspiracy theory'—with its many half-truths, mis- directions and outright frauds—is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRLgives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credence to Holocaust denial and nazi's need not apply. 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