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Israel “Aid”: Public Does Have Rights

Ordinary Americans have a right to have a say over aid to nuclear weapon-armed Israel, according to the latest legal exchange in the ongoing Federal court action initiated by the Institute for Research: Middle East Policy (IRmep).

IRmep director Grant Smith this week submitted a countermotion to the Department of Justice’s motion to dismiss, which claimed that the public had no say over the $3.8 billion per year “aid” to Israel.

Smith initiated the suit earlier in 2016, arguing that the billions given every year in “aid” to Israel from the U.S. taxpayers violates a Congressional ban on giving foreign aid to clandestine nuclear powers.

This ban is known as the Symington & Glenn Amendments, which were designed to preclude U.S. taxpayer subsidization of nuclear states that refused to join the Nuclear Non-Proliferation Treaty (NNPT).

Israel’s nuclear weapons program is one of the Jewish ethnostate’s worst-kept secrets, and that state has refused to sign the NNPT, making American “aid” to that country illegal.

A Department of Justice (DOJ) rejoinder issued on December 12 refused to address any of the issues, and instead only said that Smith lacks evidence and standing, had not suffered any “particularized” injury stemming from the government’s provision of foreign aid to Israel, and that decisions on aid were the preserve of the president and not individual members of the public.

The IRmep countermotion, submitted December 18, argued that the combination of improper government classification and threatened prosecution creates a de facto gag order.

This in turn creates a policy of “willful ignorance,” which means that the government deliberately mutes Smith’s efforts to tell the public how Israel’s nuclear program destabilizes the Middle East.

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“When all information about a particular domain of government activity suddenly dries up, is no longer reported on, and uncommented by any government official, the public assumes there is no longer anything worth reporting,” Smith’s reply brief states.

“Such a state is inimical to democracy,” he added. Smith said the gag order stopped public-interest research on Israel’s nuclear program, and it effectively “deputized and turned into an accomplice” anyone who had worked on this issue.

In his reply brief, he also refuted the claim that he had no more standing to sue than any other generally aggrieved American.

“The plaintiff as a recognized information provider in this field, therefore decidedly does not concede only generalized grievances that he shares with ‘all Americans’ as contended by the defendants,” the brief states.

 “No president has determined that Israel has engaged in the conduct specified in the statute since the relevant amendments were first enacted in the late 1970s,” the brief states. “During this time, moreover, Congress has continued to appropriate funds for foreign assistance to Israel,” it continues.



In an interview with the Courthouse News service, Smith pointed out the holes in the DOJ’s argument.

“They’re saying that the president can be willfully ignorant,” he said. “The president is supposed to know who has nuclear weapons and who doesn’t.”

Drawing a parallel to drug prosecutions, Smith noted that willful-ignorance arguments do not hold up, such as when a drug trafficker claims to have no idea about drugs in his car. “You’re supposed to know they’re in the car,” Smith said.

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Smith also finds support for his argument in the Supreme Court’s recent rejection of President Obama’s executive actions on immigration—Deferred Action for Childhood Arrivals and Deferred Action for Parents of Americans and Lawful Permanent Residents.

The Supreme Court’s 4-4 split left in place a ruling that blocked the executive actions. Smith said that shows a limit to the president’s authority.

When the president becomes aware of Symington and Glenn violations, federal law requires him to submit a report to Congress outlining the violations, followed by commensurate action.

“Where the activities are most egregious, the maximum response under the law—aid cutoff—is required,” the brief stated.

“We’re telling the judge that these are not discretionary items like the Justice Department claims they are,” Smith told Courthouse News.

“They should in fact be under the very clear provisions of an aid cut off because that’s the most drastic possibility under these amendments,” he added.

But Smith also rejected the DOJ’s argument that no U.S. president has ever determined that Israel has a nuclear weapons program. He said that the Carter administration concluded that Israel had conducted a nuclear test with South Africa on September 22, 1979, known as the Vela incident.

Documents available on the nuclear vault of George Washington University’s National Security Archive indicate that conclusion was later whitewashed for political considerations.

“It’s just simply incorrect for the Justice Department to say that they did not find Israel had a nuclear weapons program,” Smith said. “They did find that, and they decided to whitewash that.”

The case continues.

4 Comments

  1. God bless Smith! Just sign me up now! Not that the Dual-Citizens in the Congress, DOJ, Courts, and MEDIA will object to Joe America’s grievances and concerns. This man I pray for something, anything to stop the cash flow into that Terrorist State.

     
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  2. Israelis will never be satisfied until they rule the world. Lying through their teeth while whining about `antisemitism` in order to shut down all debate they expect others to fund their secret nuclear weapons.
    Why do the governments of other countries constantly dance to the tune of the Jews.
    What do they know that we the people don`t …. but should ? We could even be funding our own destruction.
    Stop the funding of Israel – Jews should sink or swim by their own efforts.
    Good luck Mr. Smith. More power to your elbow. We`re with you on this…….it`s long overdue !

     
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  3. It is long overdue to get this Palestine statehood issue resolved. Seventy years of obfuscation while Israel encroaches on Palestinian-owned land is enough.

    As to “betrayal” it is the USA that has been betrayed, multiple times, by its “friend” and “ally”, Israel. Despite TRILLIONS in “foreign aid” and “loan guarantees” given by the American taxpayer, it is never enough…

    Israel is not our “friend”…never has been…never will be…

    It is easy to see the pervasiveness of Israel’s Mossad (if one knows where to look), arguably the most effective spy agency on the planet, please read “By Way of Deception” by Viktor Ostrowsky.

    From the Lavon affair (a “false flag” operation (designed to draw the USA into a war with Egypt by making it look like Arabs bombed the U S interests section–a planted bomb exploded prematurely, exposing this as a Israeli planned and executed “incident”) to the deliberate attack on the USS Liberty (NOT “misidentification”, but another “false flag” attempt to draw the USA into a war with Egypt and to hide the deliberate massacre of civilians in an Egyptian city, Deir Yassin), to Jonathon Pollard and NSA spying utilizing a company named Amdocs (which handles all US telephone billing records), you will find that Israel looks out for Israel’s interests ONLY.

    Normally, there is nothing wrong with a country looking out after it’s own interests, BUT Israel has a nasty habit of spying on (and setting up) its “friends”.

    Who the hell died and appointed Israel the “master” of the middle east?? Iran (and all other middle-eastern countries) KNOWS that any nuclear “discharge” would affect the whole middle east… Any country that possesses nukes is not stupid…

    Israel has over a hundred nukes, manufactured with stolen American classified technology, refuses inspections of its nuclear facilities and is, in general, a “pain in the ass” to the rest of the world, along with (blackmailed) “big brother” United States of America.

    In fact, under current U S law, it is ILLEGAL for the U S to give “foreign aid” to any country that possesses nukes and has not agreed to IAEA inspections or controls–Israel being the only exception to this “rule”…

    It is no secret that the U S State Department is infested (infected?) with dual-nationality Israeli-Americans who form (and foment) the bulk of our neocon “foreign policy” straight from Tel Aviv. In fact there are 40 or so congressmen and senators with dual-nationality “ties” to Israel.

    Most people are unaware that Israel holds a “Damocles sword” over the world. Any attack on Israel will be met with a nuclear device being detonated in a city of Israel’s choosing. Israel calls this the “Samson option” and is very real.

    Israel refuses to abide by IAEA guidelines concerning its nukes as its nukes are distributed around the world. Israel would not be able to produce all of them. No delivery systems are needed as Israel’s nukes are already “in place”.

    Look for another “false flag” operation with the blame being put on Iran. You can bet that some Iranian passports will be found in the rubble.

    Israel also threatens to detonate nuclear devices in several US cities, thanks to Dolphin-Class submarines sold (or was it given?) to Israel by Germany. Talk about total INSANITY; the so-called “Samson Option” is it.

     
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