No more confusing mind games are played by sovereign states than in the context of ‘espionage,’ ‘treason,’ and the work of the professional spy. All important governments seek secret knowledge of what other governments and their leaders are doing and planning, and it matters little whether these governments are allies or adversaries, especially with respect to espionage. Espionage is the unseemly twin of secrecy, and national security is becoming ever more dependent on a country keeping its own secrets while learning those of others. In the amoral world of global espionage there are shockingly surprising cooperative liaisons, and bargains worked out behind closest doors even with the direst of enemies. Treason (and patriotism) are closely related to the ethos of espionage, and exhibit the politically correct subservience of individual conscience to the security policies of the state.
Edward Snowden’s massive disclosures were confusing in this respect as he disclosed secrets about what amounted to acts of de facto espionage carried out by the government against American citizens, as well as others. In effect, the surveillance apparatus of the U.S. Government was abolishing the distinction between ‘self’ and ‘other’ or ‘friend’ and ‘enemy’ in world politics. For some, this made Snowden a traitor guilty of treason because he disclosed to the world some premium national security secrets of his own government. For others, Snowden was a hero as he acted benevolently, sacrificing his personal wellbeing, career, and safety to warn the publics of the world, but above all the American public, that the government was abusing its powers in fundamental ways, threatening to privacy and the very fabric of democracy. Snowden acted from the belief that expectations of trust and privacy should be the first principle of a functioning constitutional democracy as the United States purports to be. This does not mean that security claims can never be given precedence, but that their scope should be constrained by strong evidence justifying specific actions, and that meta-data consisting of indiscriminate and totalizing forms of surveillance are fundamental threats to republican commitments to constrain government in state/society relations.
The latest example of this confusing and contradictory optic that pertains to the work of a spy is illustrated by the controversy swirling around the scheduled release on November 20th of Jonathan Pollard who has been in prison since being convicted of espionage on behalf of Israel 30 years ago. As with Snowden, there are many liberals, and even some on the left, in the intelligence community, and among anti-Israelis who view the decision to release Pollard as setting a horrible precedent. The argument being made is that if Pollard had not been a Jewish-American ardent Zionist with ties to Israel he would have been sentenced to death as a traitor, and such a punishment would be deserved given the secrets he passed to Israel. Others point out that Pollard had become a bargaining chip in relations between Israel and the United States, and that his release was an expression of cynical geopolitics, a way of softening the anger in Tel Aviv associated with the Iran Nuclear Agreement that is viewed by Israel, both its leaders and most of its public as a dangerously imprudent initiative.
James North and Philip Weiss question the release from the treason angle. They contend that Pollard’s release is dubious because he provided Israel with information during the Cold War that allegedly was then likely traded to the Soviet Union (reportedly in exchange for allowing Jews to emigrate) that might have disclosed information to Moscow that exposed American agents to death or capture.[“MSM avoids central Pollard question: Did Israel trade secrets with Soviets for emigres?” Mondoweiss, July 30, 2015] For this reason, the crimes of Pollard cannot be excused or mitigated as acts of conscience to protect Israel from threats associated with undisclosed activities in hostile Arab neighbors, and his parole is rendered as problematic. It is never made clear in this line of reasoning whether Pollard was privy to such secondary uses made of his work as a spy in the pay of Israel, and whether that should make any difference in assessing the case for parole. Parole should be granted or withheld based on the behavior of a convicted person during his time in prison and the degree to which his release might produce further harm to society.
There is a question underlying this debate about the relationship between conscience and national identity. Is obedience to the laws of the state of residence and nationality the highest claim on behavior? I believe that a principled and reasonable disregard for national law could morally and politically justify acts of espionage of the sort that Pollard was alleged to have committed, including a genuine dedication to the promotion of the opportunity for Soviet Jews to emigrate to Israel. Apparently, conscience was not the main motivator for Pollard, and for this reason alone, he does pose a threat to society more serious than being one among thousands of rogue espionage entrepreneurs that pass secrets back and forth around the world as a matter of profession or for the sake of adventure and material gain. As such, whether Pollard is released or not is more a matter of public empathy than a question of whether or not his crime was such as to make his release either overdue or unacceptable.
Those who endorse Pollard’s release most enthusiastically are mainly drawn from the ranks of those who identify unconditionally with Israel, contending that he has already suffered too much, considering that he was acting on the basis of his Zionist conscience to provide Israel with highly classified intelligence information that it was supposedly, in any event entitled to receive from the U.S. Government according to a memorandum of understanding between the two governments. Beyond this, the claim being made by supporters is that Pollard has served already a disproportionately long prison sentence considering that his acts of espionage were on behalf of a government that was a friend and ally of the United States, and besides, that he has serious health issues that make his release justifiable on humanitarian grounds alone, especially given his age and harmlessness. Whatever knowledge Pollard may have had about U.S. secrets is 30 years old, and presumably worthless, making it purely vindictive to continue his imprisonment or impose strong conditions on his release. For Israel, Pollard became over the years a high profile symbolic hero (second only to the captured Israeli soldier Gilad Shalit) whose release was avidly sought on a priority basis by a string of prominent leaders including Yitzhak Shamir, Yitzhak Rabin, Shimon Peres, and Benjamin Netanyahu. It seems that the Israeli government wanted to show the depth of its commitment to someone whose liberty was lost because he acted to uphold Israeli security interests.
As a matter of public relations, Pollard’s release is being portrayed as an act of good will by the U.S. Government and as a routine exercise of discretion by parole authorities in a context where no convincing rationale exists for extending Pollard’s time in jail. Such a stance is opposed by some former top-ranked security officials, including Donald Rumsfeld, who contend that Pollard still has information that could damage U.S. security interests. In this regard, such right-wing critics of Pollard’s release claim that he possesses ‘a photographic memory,’ and thus continues to pose a threat to American security interests, surely vindictiveness disguised as paranoid patriotism.
Behind this argument about espionage, treason, loyalty, and parole is the strange person of Jonathan Pollard whose life as a master spy remains an enigma of multiple dimensions. Pollard would be a good model for an inverted 20th century version of Dostoyeski’s ‘underground man,’ living a lavish life style by reliance on dark and devious undertakings. It seems a no-brainer that Pollard should never have been hired as an intelligence analyst. His application for employment had been rejected by the CIA, apparently because of the numerous instabilities uncovered in his private life. Yet he was later inexplicably hired by U.S. Naval Intelligence despite the organization having reliable information that Pollard was a drug-using loose cannon whose multiple lies distorting his past were detected by a polygraph test. Although the facts are contested, it is well established that Pollard was a Zionist true believer drawn to the Israeli experience since his childhood. As a young adult he became a mercenary and mercurial spy in Israel’s pay. He actively sought, in collaboration with his first wife, to sell secret information to South Africa and even Pakistan as well as to Israel, partly to deal with private financial troubles that included heavy indebtedness. His behavior while serving as a U.S. Government employee seemed altogether bizarre, including his undisguised and careless seizure for private use of large quantities of highly classified materials outside his area of responsibility. He even had trouble convincing Israel, at first, that he could be trusted to provide useful information without detection, but after finally succeeding in gaining Tel Aviv’s confidence, was paid significant sums during his rather short career as a spy.
Nevertheless, in 1985 when Pollard was on the verge of being apprehended in the United States on spying allegations, he sought refuge in Israel’s Embassy in Washington. Israel embassy guards turned Pollard away, evidently not wanting Israel to be tarnished by their association with him. After leaving the embassy he was immediately arrested by U.S. enforcement officers waiting on the periphery. In keeping with this posture, Israel at first denied any involvement with Pollard, then in 1987 issued an apology to the U.S. Government for receiving information from Pollard. Israel only conceded the professional espionage relationship with Pollard in 1998. Perhaps, this earlier failure to protect someone on their payroll as a spy, explains Israel’s later full court press to gain Pollard’s release.
In my view, releasing Pollard is the proper course of action, not because of Israeli pressures, but despite them. President Obama tried to portray the release as a law enforcement issue, nothing more, nothing less. Because of the suspicious timing given the tensions associated with the Iran diplomacy and the resulting inflamed domestic political context, this effort to downplay the release did not gain traction. Pollard served long enough for the crimes that he committed, poses no credible threat to the security of any country, and behaved well as a prisoner. To deny parole for another 15 years would be unconscionable given these conditions, or even to condition its grant on forcing Pollard to remain in the United States appears vindicative.
In my view, espionage has long been one way clever people make a living, assuming the risks of detection and hypocrisies associated with criminalization of the activity. It is certainly within the prerogatives of the sovereign state to criminalize the improper use of the knowledge acquired in the course of public employment in an espionage capacity. What Pollard did was surely a breach of contract and trust that breaks national criminal law. Yet espionage may be morally and politically justified (and may be even imperative) in exceptional circumstances where truth-telling and whistle blowing serves as a safety valve against abusive forms of state secrecy and a variety of political dangers posed by government policies.
In this regard, it is illuminating to contrast Israel’s belated solidarity with Pollard to its determined hostility to Mordechai Vanunu, the Israeli employee at the Dimona nuclear facility who confirmed for the world that Israel had secretly developed nuclear weapons. Vanunu was made by Israel to pay a high price for his public service (compounded by his conversion to Christianity), spending 18 years in prison (11 in solitary confinement), and then upon release being put under a series of punitive constraints that have included several instance of brief reimprisonment for violating conditions of his release. In my view, Vanunu belongs on the same honor roll as Edward Snowden and Daniel Ellsberg who revealed state secrets that served the cause of national wellbeing and were also of benefit to humanity as a whole. Ellsberg has called Vanunu “the preeminent hero of the nuclear era.”
Pollard does not belong in this company. He seems more like an unstable and rogue opportunist than a self-sacrificing idealist even if his behavior is evaluated from an Israeli Zionist perspective. Perhaps, Pollard will partially redeem himself, and his legacy, by writing an honest memoir that unravels his mixed motives, tangled pre-prison life, and search for redemption. He seems to harbor no resentment against Israel for their refusal to give him sanctuary within their embassy back in 1985. On the contrary, while in prison he married an Israeli woman associated with the far right, seeks to be repatriated to Israel where he was awarded citizenship, and has expressed gratitude for those in the Israeli government who struggled for his release. Given Pollard’s past, it would not be surprising if he tells his story wrapped in an Israeli flag.
Those who criticize Pollard’s release on patriotic grounds, contending that his information helped an enemy (Soviet Union) or hurt the United States, are prioritizing loyalty to the state over competing considerations that could motivate such behavior. The ethos of treason as a high crime is the apotheosis of statist absolutism, overriding the exposure of the most extreme state crimes, for example, disclosing plans of a contemplated war of aggression initiated by a first strike with nuclear weapons. Calling Snowden or Vanunu ‘traitors’ is a perversion of moral principle, condemning those whose public acts deserve praise and protection given their nature. Not all disclosures of state secrets should be treated as expressions of civic virtue. Disclosures that violate the law to be justifiable must be deemed as sincere acts of public conscience that appear reasonable based on surrounding circumstances.
Loyalty to the state continues to be the north star of conventional patriotism. For the citizen pilgrim solidarity with an emergent eco-humanist insurgency is the keystone of 21st century political community and ethical responsibility deserving precedence when in conflict with nationalist and tribal affinities.










Wartime Journalism: Mohammed Omer on Gaza
7 AugYet I was deeply disappointed and disturbed by the experience, and the journalistic ethos that it revealed. The mainstream interest was totally focused on what I had been told by the North Vietnamese leadership about their receptivity to a peaceful resolution of the conflict. This preoccupation was, of course, understandable, but what I found so distressing at the time was a total disinterest in my accounts of the total vulnerability of the Vietnamese people to the onslaught of high tech weaponry, the resulting suffering and devastation, as well as the absence of military targets in the Vietnamese countryside where the only structures were churches and hospitals. I was deeply affected by this exposure to the human fabric of warfare, as well as by the Vietnamese spirit of resilience and perseverance coupled with an absence of bitterness toward the American people in part a reflection of the way Vietnam was governed at the time. School children were taught that it is not contradictory to view the government of the United States as an enemy and yet maintain friendship with American people and the best of their national traditions. Throughout the war, I found it remarkable that Vietnamese school children were taught to regard the American Declaration of Independence as a step toward human liberation that deserved universal affirmation.
What I encountered in Europe and the United States when I tried to convey these impressions to journalists, especially those who were unashamedly liberal in their critical outlook toward the war, was a total disinterest in the (in)human face of the Vietnam War. Their concerns were confined to the realist agenda about how the war was going and whether the Vietnamese were serious about their posture of seeking peace via diplomacy on the basis of a political compromise rather than through victory on a battlefield outcome. The more I reflected on this, the more I came to realize that the journalistic ethos as applied to foreign policy was indifferent to the wartime suffering of the enemy population and a humanitarian catastrophe of massive proportions.
This deep seated indifference had several components. Above all, it reflected the nationalistic limits of empathy, which highlights sufferings of our side, and essentially ignores the losses of the other side, an extension of the friends/enemies dichotomy that underlies the realist paradigm. At most, the losses of the enemy other will be reported as statistics, but except in rare circumstances, without much human context to exhibit the terrible impact of war on the civilian population of a country that is subject to the sort of one-sided onslaught that afflicted Vietnam for so long. A second explanation had to do with the imperial mentality that dominated Western journalism whether liberally inclined or not, which dissented from the war not because it violated the UN Charter or international law or was an affront to fundamental morality, but either because it was not producing a victory or was not worth the cost in American lives and resources. It is this realist calculus that is filtered through a nationalist optic that helps understand the peculiar form of liberalism that prevails in the United States and endorses the pernicious postulates of ‘American exceptionalism.’
A third explanation had to do with the overt commitment of Western mainstream journalism to a style of reportage based on facts, nor feelings or opinions, both of which are distrusted because of their supposedly subjective character. The primary journalistic claim in this tradition of professionalism is ‘the news without spin.’ In this respect, my post-Vietnam interviewers were acting ‘professionally’ given this canon as any display of empathy for Vietnamese suffering would be discrediting to their claims to stand outside the circle of controversy when reporting the news. Not that such disengagement was unbiased, hiding rather than acknowledging its nationalist and realist framings.
All of which brings me to Mohammed Omer’s extraordinary Shell-Shocked: On the Ground under Israel’s Gaza Assault, published by Or Books (New York & London) in 2015. The book consists of dispatches from the war zone by a young prize-winning journalist who has been telling the world about the Gaza ordeal for almost ten years, since his early 20s. Omer’s prior reporting earned him the Martha Gellhorn Prize for Journalism in 2007, recognizing the excellence of his reportage on Gaza (‘a voice for the voicelss’). After receiving the award in The Netherlands, Omer on his return home received a brutal reception at the Gaza border by Israeli security guards being beaten so severely as to endure serious injury that required specialized surgery. With the help of a Dutch diplomat and medical treatment Omer restored his health while studying in overseas universities, yet opting to return to Gaza rather than to enjoy a life abroad as an honored exile. Omer wrote this book while doing his best during the 51 day war of 2014, what Israelis called Operation Protective Edge, to tell the world about the war from the perspective of those enduring it, that is, the civilian population of Gaza. Shell-Shocked raises many issues worthy of commentary but here I will limit myself to issues bearing on the style and ethics of professional journalism.
In essence, Omer does not have the option of detachment from the ordeal of war in the manner of the liberal journalists who I describe above as covering the Vietnam War as an instance of failure for American foreign policy. Omer by choice and circumstances refused to be detached, but that does not mean that he cannot be trusted. On the contrary. As Omer explains, “..I’m a journalist, and I owe it to my people and the Israeli people to get to the truth. I choose to stay in Palestine, my beloved home, with my wife, son, mother, father, siblings. I am not willing to let Israel or Zionism exterminate me.” (28) He has a Dutch passport, and could leave, and lament the fate of Gaza from afar, and who could blame him for doing so. Obviously, the choice is not an easy or simple one. He observes at one point, “I wish I could airlift my wife and son (3 months) out of here. But this is my ancestral home; what else can I do?” (26) In describing the effects of the war, minimizes his own struggle to stay alive, courageously confronting life-threatening dangers on an hourly basis so as to fulfill his role as the eyes and voice of the Palestinian people enduring the ultimate horrors of war.
Part of what separates Omer from even the most empathetic of foreign journalists, for instance Max Blumenthal, is his embeddedness in the history and realities of life in Gaza. Even if he were to leave, his family would be surviving under the heavy weight of the Israeli assault. He can never escape emotionally from his deep attachment to Gaza. Again his words are the best evidence of the authenticity and importance of his journalistic witnessing: “..I am offended, not only as a human, as a Palestinian in Gaza and as a father, but also as a journalist in Gaza. To get a story, I navigate a sea of body parts and blood each day, much it the remnants of people I know: my neighbors, friends and community. Unlike international reporters, those of us from Gaza don’t simply report. We live and die here.” (23) Of course, the last part of this passage is not entirely fair. Many brave international correspondents have risked their lives and paid the highest price on some occasions. I recall the great French reporter, Bernard Fall, being blown up by a mine while walking on a Vietnam beach, or more recently, the grisly 2014 TV beheading of the American journalist, James Foley, but Omer’s distinction still generally holds. The outsider who enters such a cauldron of political violence puts his life at risk, yet in almost all circumstances, can after awhile withdraw from the combat zone, resuming normalcy, although some journalists are subject to a kind of ‘fever of war,’ and only feel truly human when in the close vicinity of mortal danger. I remember Peter Arnett telling me in Hanoi on my second trip there in 1972 that after covering many major wars he only felt fully alive when doing first-hand war journalism, but the New Zealand born Peter, although animated and brave, never allowed the suffering of the civilian population to get to him, managing a detachment in the Western style, supposedly letting the facts do all the talking.
In important respects, this is also what Omer does, but with an undisguised sharp normative edge. The book consists of describing the daily ordeal experienced by the citizens of Gaza living under the fury of the Israeli attacks with no way of finding secure sanctuary, often relying on their own words to give the details of their struggles for survival and to recount their harrowing loss of loved ones. In this spirit Omer makes the reader almost feel what it must be like not to find food on the shelves of the neighborhood store or not to afford the spike in prices that follows from growing scarcities or not to have safe drinking water for growing children or not to be able to escape the confines of one’s house, which is itself never out of the danger zone. And most of all, what it feels like to cope with the unspeakable death and maiming of family members and neighbors as a result of Israeli military tactics. These graphic descriptions of what the 51-day war meant for specific residents of Gaza constitutes the basic reportage of Shell-Shocked.
One expects that within this frame of witnessing Omer reports as accurately as possible, without exaggeration or invention. From what I know of Omer (he is a friend who I have known and admired for seven years) and of the situation in Gaza from other sources, I am utterly convinced that Omer is adhering to the highest standards of accuracy in reportage, relying heavily on descriptions of the scene and the witness of those who have endured the worst losses of loved ones, homes, livelihood. As well, his local affiliations are neutral. Omer does not belong to or identify with any political party or association. He is embedded in Gaza by life circumstances, being a member of the victimized society with deep family and community affinities, and by this identity disposed toward ending the occupation of Gaza, achieving self-determination for the Palestinian people, and the achieving a durable and just peace for both peoples.
Omer never pretends that he has no personal stake in this conflict. In introducing his book Omer gives the reader a sense of his outlook: “As for myself, I try to remain optimistic, no small feat in ruined shell of what was once a beautiful and self-sufficient coastal enclave. Our reality is predicated upon Israel’s determination to drive us from our homes for good.” (7) More than this, Omer observes critically that “[v]ery few in the mainstream media ever talk about the right of the people of Gaza to defend ourselves, or even just to exist.” (10) Note in the tangled syntax of this sentence that Omer gets trapped between describing the right that pertains to the people and a right that belongs to himself as one of the people. Making his political viewpoint even clearer, and from the Western journalistic ethos unacceptable, Omer acknowledges his support for BDS as raising the costs of occupation for Israel, and besides being a tactic that is lawful and nonviolent. Omer also affirms the inclusiveness of his hopes: “Speaking personally I would like to see a single state where equity and tolerance are the only way forward for Israelis and Palestinians.” (11)
Omer also makes it clear that Israel understands that from its perspective that such journalistic depictions of the effects of the war both complicate and even undermine their propagandistic portrayals of good versus evil. Omer quotes a Beirut-based TV camera man, Abed Afifi, who reacts to the intentional targeting of a journalistic colleague with these words: “Such [an] attack is meant to intimidate us. Israel has no bank of targets, except civilians and journalists.” (55) He goes on to insist that “[A]ll these attacks on civilians should not stop us from working—the world has to see what Israel is doing in Gaza.” (55) And so it has to some degree, thanks to the efforts of Omer, Afifi, and many others.
Given the Israeli use of precision missiles against clearly marked TV vans, the inference of deliberate targeting seems hard to avoid. Israel has half acknowledged this by claiming that the journalists targeted are not ‘legitimate journalists,’ a claim refuted by Sarah Leah Whitson of Human Rights Watch, pointing out that such an attack is a violation of international humanitarian law even if the journalists can be shown to be partisan. In effect, the subjectively motivated journalist is by choice and hostile perception a kind of warrior, seeking to help win that part of the war, often the decisive part, waged for control of the psychological terrain governing ‘hearts and minds,’ and hence ‘illegitimate’ in the eyes of the side relying on a military onslaught to impose its will.
Finally, I return to my central comparison between objectively styled journalism that prevails in the West and the subjectively styled approach taken by Mohammed Omer and other journalists who work from a vantage point within the orbit of extreme victimization. I recall my friend, Walden Bello, the noted author and political figure from the Philippines, saying that he didn’t have to determine whether imperialism was real or not as he experiences its reality on a daily basis, which shaped and conditioned his observational standpoint. For Omer, the reality of violent oppression does not have to be determined as it is experienced in the most intense possible ways.
Some years ago, in collaboration with Howard Friel, I was the junior co-author of two books highly critical of the manner in which the New York Times handled foreign policy debates and reported on Middle East issues, especially the Israel/Palestine conflict. [The Record of the Paper: How the New York Times Misreports U.S. Foreign Policy (2004) and Israel-Palestine on Record: How the New York Times Misrepresents Conflict in the Middle East (2007). We reached two main conclusions: (1) the Times systematically excluded the relevance of international law whenever it was seen as impinging on American choices in the pursuit of foreign policy goals; (2) the selective presentation of evidence sought to maintain a pro-Israeli consensus and to minimize the actualities of Palestinian victimization, a pattern very evident in the news coverage, but also in the type of opinion writers who were published and those who were excluded. In this regard, the claim of objectivity and detachment were sham, and devices used to manipulate and indoctrinate the reader, a phenomenon brilliantly depicted by Noam Chomsky in his studies of ‘indoctrination in a liberal society. I remember telling my students during the height of the Cold War that if you were a Russian in Moscow you learned how to discern realities by reading between the lines but if you were an American in Washington it required much greater sophistication to gain a comparable appreciation of the news from the New York Times or Washington Post, despite their widely accepted claims of being ‘papers of record.’
In this sense, I learn more about the news and the infrastructure of opinions that are shaping its editorial assessments from the avowedly conservative Wall Street Journal than I do from reading these liberal, more sympathetic, papers of record. And without doubt I learn more from Mohammed Omer about the realities of what happened during those 51 days in Gaza than I do from the mainstream media with its hidden biases and posture of apolitical detachment. That this learning corresponds with my political and ethical inclinations makes the experience moving and congenial as well as informative, and I encourage all with concern for Palestine’s present and future to read Omer’s brave book that can also be appreciated as a documentary compilation of testimony by the residents of Gaza caught in the maelstrom of a particularly cruel military onslaught and who yet manifest that quality of sumud that has made Palestinian resilience such an inspiring human reality amid the doldrums of the early 21st century. Mohammed Omer deserves the last word: “I have written this book as a way of preserving and passing on stories that need to be told.” (11)
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Tags: Gaza, Gaza 51 day war, Journalism, Mohammed Omer, Operation Protective Edge, Peace journalism, War Journalism