A Washington DC Court of Appeals has been served with an emergency motion asking an injunction on the immanent transfer of US foreign military assistance to Israel, which was hidden in the law signed by President Donald Trump on May 5 which was supposed to “keep the US government running” until September.
According to a press release issued by the Institute for Research: Middle Eastern Policy (IRMEP) director Grant Smith, Trump’s “temporary spending measure designed to keep the US government running until September” included a $3.7 billion in foreign aid to Israel.
“The President signed into law $3.7 billion in foreign aid to Israel that does not comply with the Arms Export Control Act because of the unlawful ‘nuclear ambiguity’ policy which both the U.S. Government and Israel follows, the motion reads.
Smith went on to point out that Senator Chuck Schumer openly told reporters at a National Press Club Briefing in February this year that “It is a well-known fact that Israel has nuclear weapons, but the Israeli government doesn’t officially talk about what kinds of weapons and where, et cetera.”
The $1 trillion spending measure cleared both houses of Congress this past week and Trump signed it into law behind closed doors at his home in central New Jersey, well ahead of a midnight Friday deadline for some government operations to begin shutting down.
In his urgent application, Smith argued that Israel’s nuclear weapons program requires either that the aid be withheld, or that long-neglected special procedures under the Arms Export Control Act be followed.
“The Trump administration has not issued required special waivers, as has been done for Pakistan and other nuclear weapons countries, that would make the aid legal under the Symington & Glenn Amendments,” the statement continued.
“Senator Stuart Symington (1901-1988), in legislating prohibitions on foreign aid to covert nuclear powers said ‘if you wish to take the dangerous and costly steps necessary to achieve a nuclear weapons option, you cannot expect the United States to help underwrite that effort indirectly or directly,’” Smith said.
The Symington & Glenn provisions of the Arms Export Control Act, which forbid U.S. foreign aid to nuclear weapons states that are not signatories to the Nuclear Non-Proliferation Treaty (NPT). Israel has consistently refused to sign the NPT.
Therefore, the motion says, “this court should enjoin the defendants [the US Government] from unlawfully distributing foreign aid funding to Israel during the pendency of this appeal.”