The Wall Street Journal is reporting that the Obama Administration is preparing to release one of this country’s most notorious spies in an effort to placate Israel in the aftermath of Iranian agreement. Jonathan Pollard, an Israeli spy, betrayed his country and was arrested as he attempted to flee to the Israeli embassy in 1985. He was not only convicted of espionage but the Justice Department and intelligence agencies have long maintained that he did untold harm to the national security. The question of the release of Pollard has always raised interesting political, social, and legal questions. Thirty years is certainly not an insignificant amount of time and Pollard reportedly has health issues. My greatest concern is one of special treatment, particularly on sentencing policy for other national security cases. (For full disclosure, I have handled and continued to serve as lead counsel in national security cases).
For some the release comes at a time of tension over Israeli spying operations against the United States. Israel has long been accused of being one of the greatest sponsors of espionage against the United States, including recent reports ranking it among the top most active countries targeting the United States. The alleged concession will not sit well with some people who will argue that we should not trade away spies to appease other nations upset with our foreign policy. This would not be a spy swap with Russia but what the Wall Street Journal is suggesting is a concession prize to help political relations both inside and outside the United States. Particularly given the opposition to the Iran deal itself, the release would be viewed by many as too high a price for political relations. After all, the United States still gives Israel billions each year in aid, including massive military support. However, the Administration is framing the issue as a routine release after serving 30 years for the espionage. 
On its face, the Pollard case file contains elements that have always worked against leniency, particularly in the relations with Israel after his arrest. Pollard reportedly stole tens of thousands of documents for Israel and allegedly sought to broker arms deal with the governments of South Africa, Argentina, and Taiwan. He eventually agreed to cooperation in exchange for a deal for his wife and a reduction of charges. In the meantime, Israel insisted that they did not run Pollard as a spy and that he was part of an unauthorized operation — a suggestion that has been widely questioned. However, the case has also been colored by bad blood between Israeli and American intelligence officials over the case. When asked to return the material, U.S. officials accused Israel of giving back a small amount of low classified documents and then abusing a U.S. team sent to retrieve more documents. There were even allegations that Israeli intelligence stole material from the U.S. team sent to Israel. It has also refused to release the name of his handler. This record contributed to a long and fervent opposition by intelligence officials to the release of Pollard. There has been a long effort to release Pollard both by the Israeli government and Jewish organizations in the United States. Many of his advocates have insisted that he gave intelligence to an ally and the harm was not as severe for that reason for the United States. Others have argued that, given his cooperation, 30 years is more than enough time.
The question of his release date raises an interesting question. It is also worth noting that, while Pollard was given a life sentence, in June 1987, the laws in effect at the time of Pollard’s sentencing set parole after 30 years for federal life-sentence inmates. That would put his release date at November 21, 2015. However, he is still subject to the discretion of the Commission and is only subject to release in the absence of significant prison regulation violations or a “reasonable probability” of recidivism.
This is a palpable mistrust of the statement made by the Administration over the discussions with Israel. National Security Council spokesperson Alistair Baskey insisted that Pollard’s prison status “will be determined by the United States Parole Commission according to standard procedures. There is absolutely zero linkage between Mr. Pollard’s status and foreign policy considerations.” Zero linkage? If Pollard is released on the heels of the Iran deal, it would be viewed by many as an amazing coincidence. Moreover, Baskey’s statement raises yet another question of whether the Administration is too cavalier with the truth of statements to the American people. Is the Administration denying that the release has been discussed with Israel? The Administration is clearly gearing up to treat the November date as a release date to suggest that it has done nothing special for Pollard. The Justice Department released a tough sounding statement by spokesman Marc Raimondi statement that, if you read it closely, suggests that it will no longer oppose release: “The Department of Justice has always and continues to maintain that Jonathan Pollard should serve his full sentence for the serious crimes he committed, which in this case is a 30-year sentence as mandated by statute.” The question is whether the Justice Department will take the same position in other cases in national security cases. The Justice Department often challenges such constructive release dates and arguing that changed policies or practices can extend sentences. If there is any discretionary decision, it is notorious for opposing any release in major criminal cases.
What, no Snowden references yet?
Randyjet, I just watched a documentary, “Heir to an Execution” made by the granddaughter of the Rosenbergs. It looks as if according to the granddaughter and documents, the execution was a miscarriage of justice, especially in the case of Mrs.Rosenberg. I think that as a civilized nation we should granted them some clemency.
http://www.imdb.com/title/tt0388996/
Inga – the Rosenbergs were offered the chance for clemency for Mrs Rosenberg but refused to take it. They died martyrs to Communism.
You couldn’t have said it better, Randy, Isaac!
In light of the fact that Albert Woodfox’s release after spending 42 years in solitary confinement in our prison system, approved by a judge, was being fought tooth and nail, the plight of Pollard is not one I think about. Especially considering that there are american citizens who have been droned for being among people we deem our enemies then asked to prove their innocence posthumously.
And also, in light of the fact that there currently prisoners who have been legally found not guilty of the charges they are accused of, who are STILL held in Guantanamo!
If you make this issue about Obama, then you are a hypocrite, for you, more likely than not, are against the Iran deal and support Netanyanhu’s vociferous rantings against our president, all supported and enabled by our republicans leaders. Why aren’t you complaining about the billions of additional aid going to Israel attached to the nuclear deal with Iran?
At some point the anti-Obama rancor has to stop. Damn if he do, damn if he don’t. Same people blast him for doing it his way then blast him for doing it their way.
issac There was a case in which a couple transmitted secret information to an ALLY of the US during wartime. They were found guilty of spying, and they were EXECUTED! That was the Rosenburg case.
JT seems to be scraping the bottom of the barrel here. It is understandable given that he must be a very busy person defending the freedom of speech in America, the United Kingdom, and pretty much everywhere a newspaper article surfaces a story. However, sometimes his articles are as lame as some of those posting here. Instead of inviting the irrelevant and totally off topic attacks on Chicago politics and Obama, perhaps JT could illustrate the history of this spy, the relevance of his spying, a comparison contrast of his crimes and punishment with other similar activities and perps, of the time, before, and since, how the spy served out his term of 30 years vis a vis other that got to skip out, etc.
JT, it is the weekend, but you should tighten up on your position of an objective viewpoint.
The hypocrisy of most of American politicians makes for continuous banter on this blog but there is enough real hypocrisy out there without the need to invent any more.
randyjet –
There is a big difference and you are ignorant not to know there is a difference.
Alan,
So sentencing guidelines at the time of conviction should stand? Then of course you don’t support Obama’s release of prisoners that were sentenced under harsher guidelines than those used for the same crime today.
It might be a good idea however to deport him, just like the Palestinian client of Professor Turley, Dr. Sami Al -Arian was deported after he got out of prison.
I agree, he’s served nearly 30 years, there is no reason to keep him behind bars any longer. Why is this an issue? Who is he a danger to?
The reason to keep him longer should be to drain his bank account of the millions of dollars the Israelis put into it. I will be in favor of letting him out, once ALL the money he made is back in the US Treasury.
it seems that, as is the usual case, most commenters ignore the text and simply spout their political views.
mr. turley wrote, “It is also worth noting that, while Pollard was given a life sentence, in June 1987, the laws in effect at the time of Pollard’s sentencing mandated parole after 30 years for federal life-sentence inmates.”
merriam-webster defines “mandate” as an authoritative command.
in other words, pollard has served his time, and parole in november is now *mandated*!!!
Given that you, JT, have represented clients accused of espionage, I would expect that you, of all people, would not write an article classifying Pollard as an ISRAELI SPY. He was not, in fact, an Israeli spy; rather, he was an American, who was accused and convicted of spying for our ally, Israel. A mere technicality? Perhaps, but an important distinction.
Bruce, His daddy was an atheist. But I sure that you are the kind of person who thinks that makes no difference. Just like an ignorant Northern Irish fool asked Bernadette Devlin her religion She replied she is an atheistt. and the idiot then asked if she were a Protestant atheist or a Catholic one?
If Pollard was released after serving only a small portion of his sentence, I would be more concerned. Being let out a few months early shouldn’t be that big a deal. It still is amazing, though, what we do to keep our “ally” happy. I guess throwing tantrums gets results.
Was his daddy a Sunni or a Shiite?
This won’t make Israel any safer, talk about pushing grandma off the cliff, Obummer is pushing the U.S. over the cliff
And Obama wonders why people don’t trust him. For most Its not his race its his policies. Mr. Pollard broke the law and spied for another country. I don’t care which country it was. H belongs in JAIL. Shame on Obama, again.
JH Don’t just limit this to Obama since he is only doing what the GOP folks want him to do. I have to laugh at most right wingers of the GOP when they blast Obama for not bombing Syria after the alleged poison gas attack, since it was THEY who were denouncing the bombing as soon as it was announced as a possibility. GET REAL!
We traded the Taliban 5 to release a traitor and we’ll release a traitor to garner support for the Iran nuclear deal all the while 4 innocent Americans are left rotting in Iranian cells. Yup, perfectly logical.
I doubt any actual harm was done to us at all.
Chicago politician acting like a Chicago politician.
Well, the release should please the GOP and their leader, Netenyahu I am only surprised the GOP didn’t present Pollard as a gift to him when he came to speak before Congress and against the President
Of course, we should not forget what LBJ did for Israel when they killed 30+ sailors of the USS Liberty. He simply swept it and the captain under the rug.