IRmep lawsuit (PDF) challenges secret gag order on the Israeli nuclear weapons program.

The  classification bulletin WPN-136, which took effect on September 6,  2012, forbids covered persons from making any comment on U.S. government  information or information in the public domain about Israel’s nuclear  weapons program. The classification bulletin was first used against  former Los Alamos National Laboratory nuclear policy specialist James  Doyle after he wrote the following sentence in and article titled “Why Eliminate Nuclear Weapons?” which had been security cleared by his employer and published by the International Institute for Strategic Studies.
 

“Nuclear weapons did not deter Egypt and Syria from attacking Israel  in 1973, Argentina from attacking British territory in the 1982  Falklands War or Iraq from attacking Israel during the 1991 Gulf War.”
 

After an unknown congressional staffer read the article and demanded a  review, it was referred to classification officials for a second review.  Doyle’s pay was then cut, his home computer searched, and he was fired.
IRmep alleges in the lawsuit that the American public has been harmed by  being kept in the dark about U.S. policy toward the Israeli nuclear  weapons program. Important questions include:

  1. Should Israel’s nuclear weapons facilities be inspected by the International Atomic Energy Agency?
  2. Where does Israel dispose of the toxic waste its program generates?
  3. Is the U.S. still vigorously investigating (though not prosecuting)  diversions of materials and technologies to Israel, as it did in the  past over nuclear triggers
    (The Milchan-Netanyahu krytron smuggling ring), weapons grade uranium (NUMEC), oscilloscopes and other weapons development technology diversions (Telogy LLC)?
  4. Are Israel’s nuclear weapons used to coerce the U.S. into making adverse policy decisions?
  5. Besides apartheid South Africa, has Israel offered any of its nuclear weapons for sale to other foreign countries?
  6. Has Israel mounted nuclear weapons onto its German-supplied Dolphin-class submarines?

As  documented in the lawsuit, WPN-136 is not really a classification  guidance, but rather a legislative rule designed to prevent covered  parties from commenting on information already in the public domain,  while prohibiting the release of additional information about Israel’s  nuclear weapons program held by various government agencies. IRmep  submits as evidence transcripts of reporter Sam Husseini’s video  documentaries of questions posed to executive agency and White House  officials, as well as U.S. Department of State John Kirby’s refusal to  answer questions about former Secretary of State Colin Powell’s  statement that “Israel had over 200 nuclear weapons pointed at Tehran.”  (see video links below)
 

However, as stated in the lawsuit, one government employee, Senator  Charles Schumer (D-NY) in a position to know, but not covered by  WPN-136, was pressured into admitting that Israel has a nuclear weapons  program last year at the National Press Club. (see video link below)
 

IRmep alleges WPN-136 serves an even more damaging purpose than  misinforming the American public: WPN-136 is used to subvert U.S. Arms  Export Control Act statutes on the provision of U.S. foreign aid to a  country that has long possessed nuclear weapons but never signed the  Nuclear Non-proliferation Treaty. The IRmep lawsuit notes that:

“On  March 23 the President signed a $1.3 trillion spending bill into law,  after Congress passed the Consolidated Appropriations Act, 2018  mandating that $3.1 billion in foreign aid be given to Israel. The  authority cited for this $3.1 billion transfer (out of a total of $5.7  billion) in taxpayer funds is section 23 of the Arms Export Control Act.  The American public in general, especially taxpayers, therefore have an  immediate and overriding interest in knowing whether 54% of funds  enabled under one section of the Arms Export Control Act (section 23)  are being spent only because Defendants are proactively undermining  enforcement of another section of the very same act (section 22) via the  secret WPN-136.”
 

04/05/2018 Complaint (PDF)
Center for Policy & Law lawsuit web page

                    U.S. officials dodge Israeli nuclear weapons questions.               Online video                           U.S. State Department official ducks question on Israel’s nuclear program and U.S. foreign aid law.               Online video                           Reporter Sam Husseini forces Senator Chuck Schumer to admit Israel has nuclear weapons in 2017.               Online video