Ben-Ami Kadish

Ben-Ami Kadish was born in 1923.[1] The Jerusalem Post reported that, according to some accounts, he was born in Connecticut, moved to pre-state Israel, and fought with the Haganah.[2] The same report noted conflicting accounts of his World War II service; another account described him as having served with American and British forces before later joining the Haganah.[2]

Kadish was reported to have worked at the U.S. Army's Armament Research, Development, and Engineering Center at Picatinny Arsenal in Dover, New Jersey, from 1963 through 1990.[3] During the period covered by the 2008 criminal complaint, he served as a mechanical engineer.[4] The center maintained a library containing classified national-defense information, from which the complaint alleged that he borrowed documents.[4]

Outside his government employment, Kadish was a former commander of Post 609 of the Jewish War Veterans of the USA in Monroe, New Jersey.[5]

On April 22, 2008, federal authorities arrested Kadish and charged him in federal court in Manhattan with four counts of conspiracy.[4] The criminal complaint alleged that, from approximately 1979 through 1985, Kadish borrowed classified documents from the Arsenal's library, took them to his New Jersey residence, and provided them to a co-conspirator who photographed them in the basement.[4] The complaint described the co-conspirator, without naming him, as an Israeli citizen employed from at least 1980 through 1985 as Israel's Consul for Science Affairs at the Israeli Consulate General in Manhattan.[4] The Justice Department's later plea announcement identified the Israeli agent as Yossi Yagur.[6] Kadish and Yagur were reported to have been introduced by Kadish's brother.[2]

The complaint was reported as stating that Kadish signed out at least 35 classified documents from the Arsenal's library between 1979 and 1985. Kadish reportedly told the FBI that he had provided between 50 and 100 documents in total and had received no cash payment, only small gifts and occasional dinners for his family.[2] The material described in the complaint included a document on nuclear weaponry designated "Restricted Data"; information about a modified F-15 fighter jet sold by the United States to another country, classified "Secret" and "Noforn"; and a document about the Patriot missile air-defense system, classified "Secret."[4]

The four counts were conspiracy to disclose national-defense documents to Israel, conspiracy to act as an agent of the Israeli government, conspiracy to hinder communication to a law-enforcement officer, and conspiracy to make a materially false statement to a law-enforcement officer.[4] The complaint further alleged that, on March 20, 2008, the co-conspirator instructed Kadish by telephone to lie to federal law-enforcement officials and that Kadish denied the call during an FBI interview the next day.[4]

Kadish was 84 at the time of his arrest.[3] He was released on a $300,000 property bond, required to surrender his passport, and restricted to travel within New Jersey and southern Manhattan.[2] He stated in court that he had wanted to help Israel.[2]

Contemporary reporting linked Kadish's case with that of Jonathan Pollard, the American intelligence analyst convicted of passing classified information to Israel.[7] A 2011 Congressional Research Service report stated, with qualifying language, that Kadish was said to have reported to the same Israeli who had handled Pollard.[3]

The Justice Department's plea announcement named Yossi Yagur as the Israeli agent who received documents from Kadish.[6] A Ynet opinion article described Yagur as a member of LAKAM, the Israeli Scientific Liaison Bureau, and as having been involved, though not directly, in Pollard's handling.[8] The article described LAKAM as an intelligence organization that operated from the 1960s through the 1980s and sought technological and military information internationally, particularly in the nuclear sphere.[8]

A Globes commentary characterized Kadish as having been recruited to work for LAKAM in 1979, before Pollard and before Rafi Eitan became head of the bureau in late 1981. It portrayed Kadish, unlike Pollard, as acting from ideological motivation rather than for financial gain.[9] U.S. State Department spokesman Tom Casey described the case as dating from the period of the Pollard affair and reiterated a "zero tolerance" policy toward passing classified national-security information, including to friendly or allied countries. He added that the United States expected Israel not to engage in such activities.[7]

On December 30, 2008, Kadish pleaded guilty to a one-count information charging conspiracy to act as an unregistered agent of the Government of Israel.[6] The spying charge, which reportedly had carried a possible death sentence, was dropped under the plea agreement.[10] Kadish was 85 at the time of his plea.[6]

Sentencing took place on May 29, 2009, before U.S. District Judge William H. Pauley III, who imposed a $50,000 fine.[11] Prosecutors had recommended no prison time. Pauley cited Kadish's age and infirmity in imposing a lenient sentence while describing the conduct as a grave offense and an abuse of the United States' trust.[10] The judge questioned why it had taken 23 years to bring charges; prosecutor Iris Lan responded that the FBI had required that time to assemble sufficient evidence.[10] Pauley also asked how Kadish had earned $104,000 in 2007 while not working, and Kadish's attorney attributed the income to investments.[10]

Following Kadish's April 2008 arrest, the Jewish War Veterans of the USA suspended him and moved to remove him from the organization.[5] National commander Lawrence Schulman said there was no place in the organization for members who put another country's interests above those of the United States and condemned the alleged conduct.[5]

Israeli Foreign Ministry spokesman Arie Mekel said Israel knew nothing about the matter and had learned of it from the media.[7] A separate Foreign Ministry statement relayed by the Congressional Research Service said: "Since 1985, a great deal of care has gone into following the guidelines of every prime minister in Israel, which prohibit this kind of activity in the United States."[3]

The Justice Department's contemporaneous releases date Kadish's guilty plea to December 30, 2008, and his sentencing to May 29, 2009.[6][11] A 2011 Congressional Research Service report instead identifies May 29, 2009, as the plea date, conflicting with the Justice Department record.[3] The original criminal complaint also alleged that the document transfers began around 1979, while the plea and sentencing accounts describe Kadish's admitted conduct as occurring from approximately 1980 through 1985.[4][6]

Accounts of Kadish's early life differ over the details of his World War II service and pre-state activities.[2] The Congressional Research Service stated with qualification that Kadish was said to have reported to the same Israeli who handled Pollard.[3] A Ynet opinion article separately described Yagur as a LAKAM member and as involved, but not directly, in Pollard's handling.[8] The Justice Department releases name Yagur as the Israeli agent involved with Kadish but do not connect him to LAKAM or Pollard.[6]

The Globes commentary's broader descriptions of LAKAM's operational methods do not establish that Kadish personally used those methods.[9]