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That’s the early verdict on reports that President Barack Obama might try to jump-start the Israeli-Palestinian peace negotiations via some kind of clemency — from early release to an outright pardon — for Jonathan Pollard, the former Navy analyst who’s been in jail since 1987 for spying for Israel.
In a region where strength is often the most important language, experienced negotiators say that move would exhibit anything but. On the contrary, they say, the Pollard trial balloon itself might be the clearest sign yet that the peace process is essentially over once again.
The issue doesn’t fall along traditional Republican-Democratic, conservative-liberal, right-left lines. Every Israeli leader since Pollard was arrested has tried to get him out, and nearly everyone on the Hill who’s tried to be close to Israel has supported the idea, arguing that his sentence was overly severe and some level of forgiveness should be possible between two friendly countries.
(Also on POLITICO: U.S. talks with Israel on spy release)
Obama could arrange Pollard’s release in the context of an Israeli-Palestinian peace deal, the kind of absurdly gigantic legacy achievement that American presidents can’t stop chasing even after decades of its proving impossible. And unlike nearly everything else Obama’s done as president, he could very possibly make the decision without having to worry about many, if any, negative press releases or cable television attacks.
For Pollard’s release to ever be used in negotiations, time’s running out: he’s expected to be released next November anyway, when he becomes eligible for parole on his life sentence in a North Carolina prison. (He was eligible for parole in 1995 but is presumed to deserve it starting in November of next year unless authorities make the case against it.) At most, Obama would be accelerating a process by 18 months after the 27 years Pollard spent behind bars.
And the president could use the release to help make amends with Israeli Prime Minister Benjamin Netanyahu, whom he’s pressed into being much more publicly supportive of the peace process despite a relationship between the two of them that’s always struggled. Netanyahu would clearly love to be the Israeli prime minister who succeeded on Pollard, where all others have failed.
If this were the last stitch needed to sew up a final deal, that would be one thing. But as a ploy to keep negotiations going over a peace framework that’s really more of a working paper, those who’ve been part of prior talks aren’t impressed.
At this point, what Pollard’s being offered up in exchange for isn’t clear, but given the state of the talks, the answer appears to be less peace than some extension of the framework deadline, or perhaps holding off the Palestinians from making another statehood recognition at the United Nations in the fall.
“It shows a certain weakness and desperation, which is never good for presidents and secretaries of state,” said Aaron David Miller, a former State Department senior adviser on the region who was part of the 1998 negotiations.
(Also on POLITICO: Israel minister: Pollard opposes release for talks)
“If, after 30 years we think that Pollard should be released for humanitarian reasons, then we should release him now. We should not make his release part of a complicated negotiations with Palestinians and Israelis over some talks that may not last more than a few weeks anyway,” said Elliott Abrams, a former deputy national security adviser overseeing the Middle East for President George W. Bush. “If this were part of a peace deal, then you might say, ‘Don’t think you it’s worth it?’ But it’s being done for a pretty small achievement.”
Khaled Elgindy, a former adviser to the Palestinian negotiators, agreed.
“If true — and it’s a big if at this point given the administration’s denials — it would mean serious desperation on the administration’s part (and the total absence of even a shred of strategic thinking),” Elgindy said by email. “It’s actually worse than a Hail Mary, because there’s no hope of (and isn’t even aimed at) getting a touchdown.”
Talk of Pollard’s possible release lit up again Monday amid Kerry’s rushed trip back to Israel to try to salvage talks ahead of the April 14 deadline for a peace framework. Palestinian President Mahmoud Abbas is demanding a release of Palestinian prisoners that Israel is reluctant to agree to, and Israeli sources started leaking that the prospect of Pollard’s release in exchange was suddenly on the table as Kerry met with Netanyahu in Jerusalem.
Asked about the reports at the White House on Monday, press secretary Jay Carney very noticeably did not say they were false.
“This is a complicated issue that is being worked through with the parties, and I’m not going to get into details about that,” Carney said. “I don’t have any update on [Pollard’s] situation.”
Officials at the National Security Council and State Department went no further in denying the reports.
“Rumors about what may or may not be on the table is certainly not breaking news in terms of these negotiations and is not just new to the last few weeks,” State Department spokeswoman Marie Harf said at Monday’s daily press briefing. “So what we’ve said is the discussions are private, they are ongoing.”
Monday’s trial balloon appears the most serious consideration any president has given to releasing Pollard since the Wye River summit in 1998, when then-President Bill Clinton gathered Yasser Arafat and Netanyahu, during his first time as Israeli prime minister.
Clinton considered saying yes to Netanyahu’s two pushes to get Pollard out then, despite Secretary of State Madeline Albright’s strong opposition and CIA director George Tenet’s threat to resign.
Then, Clinton was at a presidential summit, trying to finalize an interim agreement that they’d been working on for a year and a half, which would have included interlocking security agreements between the Israelis and Palestinians and an Israeli withdrawal from parts of the West Bank.
Nothing nearly that extensive is in discussion right now. Instead, what’s at stake is an attempt to salvage what’s basically talks about having talks — though ones that Kerry’s made his central ambition as secretary, and that Obama made a big show of getting behind just a few weeks ago. That makes it hard for the White House to walk away now, but that doesn’t mean they should go this far, said Miller, a former State Department senior adviser on the region who was part of the 1998 negotiations.
“You want to trade Middle East peace for a guy who’s been in prison since 1987? Fine. Anything less to me suggests a conflation of what’s important and what isn’t,” said Miller.
Pundits wouldn’t be the only voices to question the move, said Elgindy. “Releasing Pollard is no small thing under any circumstances, and would only happen over the strong objection of Obama’s top intel/security chiefs,” he said.
The American political context has shifted considerably since Wye. Back then, even Newt Gingrich called Clinton several days after the talks collapsed to say he thought the president had made the right call by saying no to a release. Running for president in 2012, Gingrich said he’d be open to it.
Abrams, who’s come to support Pollard’s release, said he was exasperated by the idea of releasing Pollard as a way of keeping the Palestinians at the table, even if this is the last chance to get a peace deal to happen. The exchange, Abrams said, just doesn’t make sense.
“We are asking Israel to release terrorists. We should not be doing that,” Abrams said. “Terrorists that kill Americans don’t get released. And we should not be asking Israel to.”
Original piece is http://www.politico.com/story/2014/03/jonathan-pollard-israel-trial-105224.html