U.S. Determined That Israeli Be Tried in Spy Case

WASHINGTON — Federal prosecutors are studying ways to approach Israel about keeping alive the espionage conspiracy case against Col. Aviem Sella, convicted spy Jonathan Jay Pollard’s first contact, the chief prosecutor in the case said Friday.

In an interview, U.S. Atty. Joseph E. diGenova provided the first indication that American officials intend to press the case against Sella, who cannot be extradited to the United States.

U.S. determination to prosecute Sella has been inflamed by his promotion to a prized air base command shortly before being indicted here March 3 on three espionage counts stemming from the spy operation.

Not Covered in Treaty

Pollard, a Navy intelligence analyst, was sentenced to life in prison this month for his role. Sella cannot be extradited because espionage is not one of the crimes covered in the U.S.-Israeli extradition treaty.

“We have an obligation to proceed, and we are very hopeful the Israelis will help us resolve the question,” DiGenova said. He would not specify what steps are under consideration, other than to note that “we are contemplating ways to approach the Israeli government about him and his case.”

In addition, DiGenova said investigators still are focusing on the origins of the spy ring to which both Pollard and Sella belonged, and are trying to identify any others involved.

‘Unique Opportunity’

Resolving the matter is “a unique opportunity for Israel to assist not only us but themselves in the criminal investigation and damage assessment,” he said.

Chances for pressing the case seem to have improved with the collapse this week of the Israeli government’s longstanding resolve to put the matter to rest. Bowing to intense U.S. pressure, Israel agreed to appoint a special commission to investigate the spy operation, which prosecutors have said caused one of the most serious breaches of national security in recent U.S. history.

Sella’s American lawyer, Nathan Lewin, and the Israeli Embassy declined to discuss DiGenova’s comments.

However, an Israeli source who declined to be identified said his government had offered to permit U.S. investigators to question Sella in Israel only days before he was indicted, but that the offer was rejected. DiGenova said he could not discuss any conversations he and other U.S. officials had with Sella or his lawyer.

DiGenova would not confirm or deny reports that authorities also are trying to establish whether an American with the last name of Katz who also holds Israeli citizenship took part in the ring. An intelligence source said Katz now is in Israel.

He would say only that there are “unresolved questions about the nature of the Pollard espionage operation, regarding any others who were involved.”

Israel has characterized the Pollard spying as “a rogue operation” without high-level government approval, a description that DiGenova and other U.S. officials involved in the investigation find difficult to believe.

‘Plausible Deniability’

“Every intelligence operation has built into it what the professionals call ‘plausible deniability,’ ” John L. Martin, chief of the Justice Department’s internal security section, said in an interview with the Washington Times. “The more we learned of what Pollard and the others did--what the Israelis knew, the amount of money involved, the volume of information, the number of people involved in this operation--the more implausible the Israeli denials became.”

DiGenova, for his part, cited the improved command given Sella and the appointment last year of Rafi Eitan, former head of the intelligence unit that directed Pollard, to head the giant state-owned Israeli Chemicals, as cause for skepticism about the “rogue operation” claim.

The prosecutor also pointed to “the sophisticated nature of the operation,” which included a fake identity for Pollard, the outlay of substantial Israeli funds and creation of doctored official documents to support the ring.

DiGenova said a move to revoke the immunity granted three Israelis allegedly involved in the Pollard operation--Eitan, Joseph Yagur and Irit Erb--is being discussed with American lawyers for the three.

Right to Challenge Seen

He said they have the right to challenge such a move in court. A lawyer for the Israelis did not return a reporter’s calls.

Justice Department officials have said the three failed to be forthcoming and candid when they were interviewed in Israel in December, 1985, a basic condition for the immunity that they received. Among other things, they allegedly lied about the key role played by Sella in the operation.