Defense officials are fighting a three-year-old request under the Freedom of Information Act to release a 1987 report supposedly discussing Israel’s nuclear technology. Grant Smith of the Institute for Research: Middle Eastern Policy filed the request in 2012 and raised the issue in court after he said the request “went nowhere” for several years. He has been a critic of many U.S. policies related to Israel and of what he believes to be the inordinate influence of Israel in the American government.
In a seldom-used legal move known as optional review, Pentagon officials have asked the Israeli government to review the report before they consider releasing it. Smith said the Defense Department has denied being able to locate the report, claimed it contained sensitive Israeli government information and cited FOIA exemptions, non-disclosure agreements and patents to intellectual property rights in its efforts to block the release of the report.
The unclassified report in question, titled “Critical Technology Issues in Israel and NATO Countries,” has surfaced in media stories and nonprofit research but has never been released to the public, according to court documents filed by Smith. Smith’s legal complaint mentioned a 1995 publication called the Risk Report, which supposedly cited findings from the Pentagon document without referencing it by name. The Risk Report claimed “the United States approved the sale of powerful computers that could boost Israel’s well-known but officially secret A-Bomb and missile programs” and identified the report only as “a 1987 Pentagon-sponsored study.”
Smith called the Department of Defense’s decision to seek Israeli approval a “cover-up” in the response he filed with the court Jan. 7. “There is pressing urgency to release this report in the current context of regional nuclear negotiations which can only have a productive outcome if Americans and other concerned parties are more fully informed of the true state of affairs,” his response said.
Jonathan Schanzer, vice president for research at the Foundation for Defense of Democracies, called the likely existence of Israeli nuclear weapons an “open secret” in the international community....Israel... has never disclosed its alleged arsenal, nor has the U.S. ever formally acknowledged its existence....
“Making sure that the Israelis have the ambiguity they need on nuclear issues actually boosts our nonproliferation diplomacy by preventing tensions in the region and backlashes from Israel's neighbors,” said the official, who requested anonymity.
U.S. District Court Judge Tanya Chutkan issued an order Jan. 8, 2015 requiring Defense officials to say whether they planned to invoke a non-disclosure provision that would allow them to keep the report secret at Israel’s request by Feb. 12. If not, Chutkan will begin the process of privately reviewing the report herself. Defense officials said they expect the Israeli government to complete its review of the report by Jan. 16, 2015
BY SARAH WESTWOOD , Legal battle to publish unclassified DOD report on Israeli nukes nears end, Jan. 8, 2015