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Poles Bar Germans From Jailing Brodsky

But alleged Mossad agent will be extradited

by
Marc Tracy
August 06, 2010
The false passport for Michael Bodenheimer.(Jerusalem Post)
The false passport for Michael Bodenheimer.(Jerusalem Post)

Uri Brodsky, the Israeli who is the only man so far arrested by Western authorities in connection with the January 19, allegedly Mossad-backed assassination of Hamas operative Mahmoud al-Mabhouh in Dubai, lost an appeal and will be extradited from Poland to Germany. Brodsky—which may or may not be his real name (in fact, a San Francisco student named Uri Brodetzki reportedly had his identity stolen)—is accused not of directly taking part in the assassination, but rather of fraudulently procuring a false passport for one of al-Mabhouh’s assassins.

Not to make light of the whole affair, or Brodsky’s situation, but there is an amusing aspect to his legal troubles. Under the terms of the Polish extradition ruling, the German government—no doubt much to its chagrin—is not permitted to charge Brodsky with anything—like, say, espionage—more serious than forgery. Moreover, the maximum penalty in Germany for forgery is a fine; Brodsky is unlikely to do jail-time even before and during any trial. Moreover, the reason the Polish courts have ruled that Brodsky cannot be tried for anti-German espionage is because spying on Germany isn’t a crime in Poland—which (this is the part I find amusing) actually makes perfect sense if you know your European history.

Marc Tracy is a staff writer at The New Republic, and was previously a staff writer at Tablet. He tweets @marcatracy.