Yishai Schwartz
Lawfare
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Past articles by Yishai:
Donald Trump, Paul Manafort and that Pesky Witness Tampering Statute
Is the president tampering with a witness by means of public tweets and media interviews? → Read More
The Supreme Court Travel Ban Ruling: A Summary
What the court said in Tuesday's ruling on President Trump's travel ban → Read More
This week, will America’s highest court give Palestinian terrorism a free pass?
A U.S. appeals court made a critical error in throwing out the right of U.S citizens to sue Palestinian bodies supporting terror groups. On Thursday, the U.S. Supreme Court has the chance to rectify that → Read More
Cornel West has a Jewish problem
For West, there's no discussion of race in America without referencing the Palestinians, a contortion already unremarkable on the left. But now he's gone much further, suggesting Zionist puppet-masters control those he disagrees with like Ta-Nehisi Coates, and that Israel is the primary threat to our common humanity → Read More
How to Move the U.S. Embassy to Jerusalem
On Friday, the six-month waiver that President Donald Trump issued pursuant to the Jerusalem Embassy Act earlier this year will expire. If and when this… → Read More
On Waiving the Jerusalem Embassy Act (or Not)
Tomorrow is a major deadline for deciding whether the United States will move its embassy to Jerusalem. We still don’t know what President Trump will do. → Read More
Updates from the Military Commissions, 11/13: Finally, a Cross-Examination!
The military commission proceedings in United States v. al-Nashiri enter a new phase with the cross-examination of a witness on why the remaining member of the defense team refuses to participate. → Read More
The Slippery ‘Spirit’ of Nixing the Iran Deal
Obama's JCPOA terms actually give the White House sound legal footing for decertification. But now Trump owns the consequences. → Read More
The Road to Decertification: How Decades of Sanctions Legislaion Invited Trump's Decision
Trump can exercise his right to decertify the Iran deal due to policy considerations, not material breach, thanks to Congress. → Read More
The Road to Decertification: How Decades of Sanctions Legislation Invited Today’s Decision
Trump can exercise his right to decertify the Iran deal due to policy considerations, not material breach, thanks to Congress. → Read More
The 18 FISA Court Opinions on Section 702: Summaries
Brief summaries of all 18 opinions. → Read More
The Fourth Circuit Remands Wikimedia’s Suit Against the NSA Back to District Court
A summary of the U.S. Court of Appeals for the Fourth Circuit's ruling in Wikimedia v. NSA. → Read More
Can We Still Be People of the Book in the Age of Trump and Twitter? –
There is a strangeness to being the People of the Book in the Age of Twitter. For two millennia, Judaism has given the world law without politics. Certainly, Jews have not stood outside of history; on the contrary, we’ve been deeply affected by it. But our national culture, the texts to which trad... → Read More
This Is What It Looks Like When Courts Don’t Trust the Commander-in-Chief
Why Donald Trump has an unprecedented legal leash on national security. → Read More
One Year Out: Reflections on the Iran Nuclear Deal
Contrary to much of the apocalyptic speculation when the Iran nuclear agreement was first signed, the world has not, in fact, collapsed in the subsequent year. On Monday—a few days past the deal’s one-year anniversary—U.N. Secretary-General Ban Ki Moon wrote to the U.N. Security Council: I am encouraged by the implementation by the Islamic Republic of Iran of its nuclear-related commitments… → Read More
The Role of the Army: Yaalon's Resignation and the Ethics of the Israel Defense Forces
Israel is still roiling over Benjamin Netanyahu’s sudden replacement of Defense Minister Moshe Yaalon, a former general, with Avigdor Lieberman, a politician with no serious military experience and an unmistakeable illiberal streak. The sudden change was motivated by coalition politics, but it also teaches important lessons—about ethics in combat and the role of a military in a free society. As… → Read More
Bank Markazi v. Peterson: Implications for Separation of Power
Wednesday’s Supreme Court ruling in Bank Markazi v. Peterson concerns a mammoth sum of cash, and it has significant foreign policy implications. The obvious implications are the immediate ones—most immediately, Iranian displeasure. But there are also deeper legal implications for the division of power, particularly in foreign affairs, between the President and Congress. In the post below, I… → Read More
Session 2/17: The “Lawyer Asking for Her Own Dismissal” Edition
Military Judge James Pohl opens the session at 9:35 am. He notes the names of those present, including each of the defendants except for Ramzi Binalshibh. An anonymous US Army major takes the stand to testify that Binalshibh had been advised of his right to attend proceedings and has chosen not to do so. Judge Pohl then turns back to defendant Walid Bin Attash’s request to fire his lawyers,… → Read More
Palestinians' Attempt to Join the ICC Will Empower the Israeli Right—Which Is Exactly What Abbas Wants
It's all about turning world opinion in Palestinians' favor. → Read More
NYPD, Giuliani Use Violence to Condemn Opponents. Liberals Do, Too.
A plea for sanity in public debate. → Read More