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Posts by Yishai Schwartz

Yishai Schwartz was an intern with Lawfare. He graduated in May 2013 from Yale with majors in philosophy and religious studies, and is currently on a fellowship with the New York-based Tikvah Fund.

The Week that Was: All of Lawfare in One Post

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Saturday, May 10, 2014 at 9:55 AM

As the week began, Ben noted that the last few weeks have been fairly kind to NSA. Ben hypothesized that the story may finally be blowing over. Well, maybe not quite over. Jack critiqued a new DNI directive banning members of the intelligence community from citing news reports based on leaks in their speeches, opinion articles, books, term . . .
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Today’s Headlines and Commentary

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Thursday, May 8, 2014 at 1:50 PM

Let’s begin with Pakistan today. The New York Times takes a closer look at Islamabad’s Red Mosque, where soldiers and Islamist students fought a pitched battle in 2007 and where a new library named for Osama bin Laden is set to be dedicated. The authors ask: does the mosque’s boldness and success foreshadow militant Islamism’s . . .
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Oral Argument Summary: Ralls Corporation v. CFIUS

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Thursday, May 8, 2014 at 12:00 PM

The courtroom was nearly full Monday for the DC Circuit Court of Appeals oral arguments in Ralls Corporation vs Committee on Foreign Investments. Ralls is a fascinating case that tests Presidential power at its apex—in actions related to national security and specifically authorized by Congress—against the due process claims and the property interests of foreign . . .
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Today’s Headlines and Commentary

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Tuesday, May 6, 2014 at 11:29 AM

Terror continues in Nigeria. After the leader of Boko Haram released a video saying over 200 schoolgirls are being held hostage, three gunmen opened fire at another school—but thankfully, no one was injured. Two bombs exploded in Hat Yai, a southern province in Thailand, wounding ten people. The Bangkok Post has the story. Although no . . .
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The Week that Was: All of Lawfare in One Post

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Saturday, May 3, 2014 at 9:55 AM

Let’s begin with the White House’s recent release of its highly anticipated Big Data report: Ben noted the release of the report, and Paul gave us some of his reactions. In short, he’s pleased that the administration has taken a clear position that use of data (rather than collection of it) should be the focus of regulation, but . . .
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Today’s Headlines and Commentary

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Thursday, May 1, 2014 at 12:26 PM

Today, we’ll start with developments in Ukraine: As the interim government in Kiev continues to experience setbacks in its operations against pro-Russian militias, Vladimir Putin demanded that Ukrainian forces withdraw from the Southeast of the country entirely and allow time for a “national dialogue.” The New York Times discusses this, and other developments from the ongoing conflict. Senate Republicans, meanwhile, . . .
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Today’s Headlines and Commentary

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Tuesday, April 29, 2014 at 12:58 PM

We begin on these shores: Shane Harris of Foreign Policy has an exclusive report about the cyber security unit of the Federal Reserve and its role in helping to protect trillions of dollars from hackers. Mark Mazzetti of the New York Times tells us that the Senate Intelligence Committee quietly eliminated a provision in a bill last year which . . .
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The Week That Was: All of Lawfare in One Post

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Saturday, April 26, 2014 at 9:55 AM

This week, let’s start with the courts. Ben flagged the Second Circuit’s decision ordering that the government to release the legal memos that justify the targeted killing of Anwar Al Awlaki. Jane followed up with a summary of the court’s reasoning, and then offered an analysis suggesting that the decision may end up being bad for transparency. . . .
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Today’s Headlines and Commentary

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Thursday, April 24, 2014 at 1:05 PM

We begin with foreign affairs: Israel just halted peace talks with Palestine, reports the Associated Press. The move comes as a response to the unity pact signed by the PLO and Hamas yesterday evening, in which the two factions agreed to form a government in five weeks that would hold elections in Palestine six months . . .
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The Week that Will Be

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Monday, April 21, 2014 at 12:00 AM

Event Announcements (More details on the Events Calendar) Tues, April 22 at 10 am: Georgetown Law hosts “Privacy Principles in an Era of Massive Data.” Speakers include FTC Commissioner Maureen Ohlhausen, Julie Cohen, Robert Groves, Edward Montgomery, Chris Wolf and Ben. Tues, April 22 at 7 pm: The Lannan Center at Georgetown University presents “Beyond Orwell: Surveillance, Secrets, and Whistleblowers in . . .
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The Week that Was: All of Lawfare in One Post

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Saturday, April 19, 2014 at 7:45 AM

Coming off of the heartbleed scare, attention this week still focused on internet vulnerabilities. Jack parsed some administration statements in the New York Times about how the government handles cyber vulnerabilities, and explained that it is still unclear whether President Obama’s policies represent a change to the preexisting status quo. Relatedly, Joel Brenner observed that . . .
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Today’s Headlines and Commentary

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Thursday, April 17, 2014 at 1:05 PM

The Ukrainian military pressed on with operations in Eastern Ukraine after yesterday’s surrender of weapons and vehicles to pro-Russian militias, killing three and wounding and capturing dozens more in the city of Mariupol. Given the strength, training, and morale of Ukrainian troops—and the difficulty of the mission they face—the New York Times is not optimistic . . .
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The Week That Was

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Saturday, April 12, 2014 at 9:55 AM

Once again, FISA was front and center on Laware this week. Tim Edgar gave us a lesson in intelligence surveillance law 101, defining terms like “incidental collection” and “collection over the wire.” Chris Donesa, former chief counsel for the House intelligence committee, lamented the piecemeal, “band-aid” approach of recent attempts at FISA reform and called for a bolder and more . . .
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Today’s Headlines and Commentary

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Thursday, April 10, 2014 at 12:39 PM

The New York Times gives us a sneak peak at Attorney General Eric Holder’s much awaited revisions to the Justice Department’s profiling rules. Although the draft expands the definition of profiling, the rules still allow the FBI to continue using most of its current methods including the use of nationality in mapping neighborhoods. U.S. District Judge Royce Lamberth . . .
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Today’s Headlines and Commentary

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Tuesday, April 8, 2014 at 12:10 PM

Today is the one-month anniversary of the day MH-370 went missing. Reports surfaced over the weekend that Chinese, then Australian ships, picked up underwater signals that could be from the flight’s black box recorders. Here is an inside look at three members of Australia’s antisubmarine force who have been searching for the missing plane. Greg Jaffe of the Washington Post describes the soldiers and their . . .
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Lawfare on the Hill

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Monday, April 7, 2014 at 12:00 PM

Two hearings this week to take note of: Tomorrow, Tuesday April 8th at 2pm: The House Foreign Affairs Subcommittee on Terrorism, Nonproliferation, and Trade will hold a hearing on “Is al-Qaeda Winning? Grading the Administration’s Counterterrorism Policy.” Ben will be testifying on the future of the AUMF and 702. Thursday, April 10th at 9am: The House Judiciary Committee will . . .
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The Week That Was: All of Lawfare in One Post

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Saturday, April 5, 2014 at 9:55 AM

Let’s begin with NSA news: Wells flagged a joint DNI and AG statement announcing that the government will seek a 90-day extension of the current 215 program as an interim measure pending reform legislation. He also posted some just-declassified FISC rulings related to NSA programs. Ben did some armchair big data analysis about public interest . . .
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Today’s Headlines and Commentary

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Thursday, April 3, 2014 at 12:57 PM

The leading, and tragic, news is a shooting yesterday at Fort Hood by an Iraq War veteran who killed three and wounded sixteen before killing himself. According to reports, the shooter, Ivan Lopez, was being treated for post-traumatic stress disorder; there is no evidence of a political or ideological motivation. The New York Times, Wall . . .
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On Talbiya, Israel and Palestine

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Sunday, March 30, 2014 at 2:00 PM

Israelis are a politically vocal bunch.  So I wasn’t particularly surprised to encounter a mass of protestors gathered before the Prime Minister’s house, as I meandered through Jerusalem’s affluent Talbiya neighborhood. Not many people have much hope for the current round of peace talks. And to the average Israeli and Palestinian, made cynical by decades . . .
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The Week that Was: All of Lawfare in One Post

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Saturday, March 29, 2014 at 9:55 AM

Let’s start with this week’s big terrorism trial news, the speedy conviction of Sulaiman Abu Ghaith, Osama Bin Laden’s son-in-law, in federal court. Ritika noted the verdict as it happened and linked to Ben Weiser’s coverage in the Times. She followed up with statements from Attorney General Eric Holder and Acting Assistant AG for National . . .
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