European Stars And Stripes (Newspaper) - March 21, 1987, Darmstadt, Hesse                                Page 10 the stars and stripes saturday March 21.1967 columns William Safire Israel undergoing attack of National morality As american lawmen were moving in an the american hired to spy for Israel Jonathan Pollard sent a Mes Sage to col aylm Sena one of his handlers who was in Washington at the Lime. The key word was  it was a code word warning to run for cover. Scala ran Back to Israel. Up to that moment his career had been Brilliant he had planned and helped Lead the at tack on the atomic reactor in Baghdad an act that in retrospect May have saved millions or iranian lives. A Genius on the computer he figured out a Way to outwit defensive computers on another opera Tion taking out 82 soviet built planes at no Cost to inc israelis. He is Eddie kick Cobacker and Jimmy Doolittle and wild Bill Donovan lib a 30-megabyte brain. Fortunately Tor the ambitious officer he is related by marriage to Chaim Zadok a former israeli Justice minister who was determined to protect Seila s career at All costs. And what costs there have been the israeli military undermined democracy in Israel by forcing the defense min ister to Reward rather than punish the Central figure in the so called rogue of  american Public opinion which by not blamed Nur iranian disaster on the israelis condemns Israel Leaden Tor condoning if not directing the creation of an american traitor. For the first time the relationship be tween israelis and jewish american a source of great nun port to one and of great Pride to the other has been put under stress. Israelis who have the right to do things their Way in their internal mailers cannot Tell jewish americans to mind our own business in this Case be cause the essence of the Pollard affair is Israel s deep penetration of America s most secret business Haw do we Pul the Brake on thiss tide How do people in both nations handle the situation in a Way that strengthens our Alliance and reaffirms our spiritual kinship something mysterious exists in mod Ern democracies called National Morali James j. Kilpatrick to democratic Peoples arc reluctant to talk about rectitude comity and Trust be cause those elements of morality Are often derided As hypocritical or outdated and not sufficiently concerned with sur Vival. The conscience of democracy usually manifests itself in a paroxysm of righteousness. It strips away the secrecy that conceals stupidity and strikes Down wrongdoers who presume to equate themselves with the stale then it sub sides and leaders forget. We went through it in watergate israelis Are beginning to go through a much needed attack of National morality now. It took them Long enough says on of the american lawmen who had been most angered by the lies and covering up but finally it s getting out of inc hands of the government and into the hands of the people and it in t just pressure from us. Now it s up to  at this Point it might be a Good idea for rightly angered americans to let the israelis Leach themselves How powerful and cleansing inc voice of their own peo ple can be. I predict the present investigations by the Knesset s Abba Eban who t used to think was  but now t and mire his guts along with the coalition government s version of o Tower com Mission will fait Short of getting the truth out. But inc sounds from these probes amplified by Media thai now Nave the Chance to establish True press Freedom in that country will bring on a judicial commission with the Power to put per Jurers in jail. Then israelis will find out which political leaders in both parties participated in the decision to hire americans As spies. They will discover who was responsible for tasking the pollards with such specificity and whether the spy ring was larger than we now know. One immediate result will be a much smarter intelligence system that will know How Loreigh risks and rewards. In the course of these revelations the top leaders of the israeli government Wilt finally put patriotism first and not Only resign bringing on new elections but gel out of politics for Good. Both liked and labor will then look to its younger Lead ers men and women untainted by scan dal to rejuvenate the ossified political system. Israel s leaders Are not Israel. Their shame their implausible denials their guilty knowledge their attempt to put he entire Burden on the pollards and now on Scala All that goes out when the new Broom sweeps clean. Only Israel s people arc Israel sabras like the Cactus Tough on the out Side Sweet within. Aroused at the be trayal of their National morality the will amaze themselves and strengthen their democracy in rising to their greatest peacetime Challenge. High court decisions Breed incredulity and scorn the is. Supreme court on March 3 maintained its spotless record for fouling up the Law on evidence. It decided two cases involving the exclusionary Rule and botched both of them. One of the opinions in . Is. Ronald Dale Dunn was merely regrettable. The other in Arizona is. James Thomas Hicks was Flat out cuckoo. What is even More distressing is thai the majority opinion in the Hicks Case was written by Justice Antonin Scalia. Some of us hopefully had regarded Scalia As an additional Rehnquist or o Connor on the High court. It is too soon in his career to abandon the Hope but it will have to be watered Down. In the 30 cases this term in which inc court has divided Scalia and Rehnquist have voted oppositely in 10. The Dunn Case turned on an Issue of importance to ranchers and Farmers is a barn a part of one s House if so Ihen in is protected by the fourth amendment against unreasonable search. In this Case drug agents had Good reason to believe thai Dunn was manufacturing controlled substances. Without bother ing to obtain a warrant they sneaked on to his ranch at night walked half a Milt id his House climbed Over a series of fences and locked Gates peered into a Bam and saw the evidence they would produce at trial. Justice b Ron White in a singularly unconvincing opinion held that the barn was not a pan of the Curti Lage of the House. He arc Dunn had no a Peck icon of privacy in its contents. The search was thus Legal and the evidence was admissible. Ofui a rancher s barn is his Home office. The cops were dead wrong in this Case. The evidence should have been excluded. White s opinion in Dunn was unsound. Scalia s opinion in Ricks was unbelievable. These were the facts a Bullet was fired through the door of Hicks apartment in Phoenix striking a Man in the apartment below. Police responded went into kicks apartment and there they found three weapons including a sawed off Rifle and a stocking Cap mask in the midst of this Squali j and ill appointed apartment they observed iwo sets of expensive stereo equipment. No dummies the cops had every reason to believe the stereo sets had been stolen. One of the officers then did what every reasonable and experienced officer would have done he lifted the turntable a few inches so that he could make note of the serial number on the Bottom. A Tele phone Call to Headquarters confirmed his suspicion the sets had indeed been stolen in the course of an armed robbery and kidnapping. The officer thus seize the sets As evidence to be offered a trial. The Arizona courts held that the police had every right to enter Hicks apartment in the first place no warrant was needed to Check on a shooting. But the lower courts also ruled that the police had no authority to seize the stereo sets for the stereo sets were unrelated to the gunfire the supreme coun vol cd 6-3 to affirm thai bizarre decree. What Patent nonsense the stereo sets were in Plain vow. Considering the surroundings the police officer were wholly justified in their actions. They entertained suspicions amounting to a Lead pipe certainly thai they were looking at stolen property if the serial numbers could have been react without lining the turntable the evidence would have been admissible. But the officers committed t heinous unpardonable inexcusable of sense they touched they actually touched the equipment. This action said Scalia unrelated to the objectives of the authorized intrusion which exposed to View concealed portions of the apartment or its contents did produce a new invasion of respondent s privacy unjustified by the exigent circumstance that validated the  you May search Scalia s opinion in vain for one word of sympathy for the police or for the owner of the stolen equipment. It would have been evident to a child of 10 that in entering Hicks Apan Mcnol. The police had come upon the Lair of a dangerous criminal were the police to seize the weapons and close their eyes to everything else Scalia s opinion made a trav esty of Justice and a mockery of common sense. Sensibly applied the exclusionary Rule is a sound Rule. It Dales to the 1914 ease of Fremont weeks whose Home in Kansas City was invaded by police in search of forbidden lottery tickets. They had no warrant and they behaved inexcusably. From that Case wisely decided a Shower of judicial lunacy has descended. Scalia s opinion adds to the string of High court opinions hat Breed not re spoil bul rather incredulity and scorn