Commentary Magazine


Pollard for Murderers? A Bad Deal

Over the last 20 years, the name of Jonathan Pollard has hovered around the margins of the Middle East peace process. Almost every time the United States wanted to push the Israelis to make concessions that were unpalatable, some have suggested that the Jewish state might be enticed to swallow one bitter pill or another by the release of the former U.S. Navy analyst. Pollard, who has been imprisoned in the United States since 1985 for spying for the Jewish state, is a sore point for many Israelis as well as some Americans who believe, not incorrectly, that his sentence of life in prison was disproportionate to the crime and far more draconian than anyone else ever convicted of espionage for a U.S. ally. So it is hardly surprising that now that the peace negotiations between Israel and the Palestinians are imploding once again, talk of releasing Pollard has returned as well.

As it always does, the prospect of Pollard’s release will tempt the Israelis. Though what Pollard did was a crime and did great damage to the U.S.-Israel relationship and to American Jewry, Israelis rightly feel that he was sacrificed and left to rot in prison by their political leadership at the time of his actions (a troika that included the late Yitzhak Rabin and Yitzhak Shamir as well as Shimon Peres, who is currently serving as Israel’s president). But as much as Prime Minister Netanyahu may wish to secure Pollard’s release (something that he tried to do in negotiations with President Clinton in 1998), he shouldn’t take the bait. The odds are, Washington is bluffing about letting Pollard go. But even if President Obama is willing to take the heat from the U.S. security establishment and spring Pollard, Netanyahu should not trade the freedom of a score of Arab terrorist murderers (some of whom are Israeli citizens rather than residents of the West Bank) for Pollard.

The current impasse revolves around the Palestinian Authority’s refusal to agree to the framework for ongoing peace talks suggested by Secretary of State John Kerry because it mentions that peace means recognition of Israel as a Jewish state and would commit the Palestinians to ending the conflict. PA leader Mahmoud Abbas wants no part of such a deal and, as has clearly always been his intention, would prefer to end any talks that might put him in the position of refusing a two-state solution preferred by Israel but which he has neither the will nor the ability to get his people to accept. But with the PA walking out of talks, Netanyahu sees no reason to follow through on the last batch of Arab prisoners whose release was part of the ransom offered to Abbas last year as the price for returning to the peace table after years of boycotting them.

Abbas has already seen that his intransigence won’t cause either President Obama or much of the Western media to blame him for the collapse of the talks. He thinks he is in the catbird seat and can make further demands on the Israelis in the form of the release of Fatah’s Marwan Barghouti (serving five life sentences for murders of Israeli civilians during the second intifada) and a settlement freeze in order to keep talking secure in the knowledge that the West will blame Israel no matter what he does. So in order to get Netanyahu, who has reluctantly agreed to Kerry’s framework that Abbas rejected, to keep paying, the Americans will have to come up with some form of pressure or gimmick. Though I doubt that President Obama is prepared to do battle with the U.S. intelligence community (which has an irrational obsession with keeping Pollard in prison until he dies) to make good on such an offer, the mere suggestion of the idea may be enough to keep the Israelis from walking away in frustration from the process.

But this is a bad deal for Israel on many levels.

As I wrote on the 25th anniversary of his imprisonment, Pollard’s case is a mixed bag for supporters of Israel. As much as his sentence was an injustice, he is no hero and did grave harm. Moreover, the prospect that someone who committed espionage in the belief that he was helping Israel would gain his release in exchange for the freedom of those who indiscriminately shed Jewish blood is more than an irony; it’s an outrage that even the spy should reject.

Having already released scores of Arab murderers, who have been subsequently honored and embraced by Abbas, there is little incentive for Netanyahu to keep letting them out if the Palestinians are not going to commit to peace talks whose purpose is an end to the conflict. If he is going to be blamed for the collapse of Kerry’s initiative no matter what he does, it would be a mistake to start making further concessions that will come back to haunt him later. The problem with injecting Pollard into peace talks is that it is the sort of American concession for which Israel will pay a disproportionate price with little prospect of receiving what it wants. That’s what happened the last time he offered to make territorial concessions in exchange for Pollard’s freedom. In the end, the Palestinians got the land, and Israel got neither Pollard nor peace.

If the Palestinians want something from Israel they should be prepared to pay for it by demonstrating their willingness to end the conflict and accept the legitimacy of a Jewish state no matter where its borders are drawn. In essence a trade for Pollard now would be a substitute for getting the Palestinians to make those assurances. However much they may want Pollard, making such a swap would be against the long-term prospects of both Israel’s security and peace.

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