Yishai Schwartz, Lawfare

Yishai Schwartz


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  • Unknown
  • Lawfare
  • Haaretz.com
  • Foreign Policy
  • Tablet Magazine
  • The New Republic

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