Yishai Schwartz

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Yishai Schwartz is a third-year student at Yale Law School. Previously, he was an associate editor at Lawfare and a reporter-researcher for The New Republic. He holds a BA from Yale in philosophy and religious studies.

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Privacy Paradox

The 18 FISA Court Opinions on Section 702: Summaries

Pursuant to a FOIA request from the Electronic Frontier Foundation (EFF), the FISA Court has released 18 redacted opinions regarding FISA Section 702. The opinions primarily concern the authorization of proposed targeting and minimization procedures to assure that their letter and implementation accord with statute and the Fourth Amendment.

Surveillance

The Fourth Circuit Remands Wikimedia’s Suit Against the NSA Back to District Court

In March of 2015, the Wikimedia foundation joined together with eight other non-profits in a challenge to NSA’s “mass surveillance” program. This week, the U.S. Court of Appeals for the Fourth Circuit permitted the suit to move forward, but in the process, peeled off all plaintiffs other than Wikimedia itself.

Israel

Amona and the Settlement Regularization Bill: The Politicization of Suffering and the Threat to the High Court

Last week, after years of stays and delays, the Israeli government finally enforced a ruling of the country’s High Court and began dismantling the settlement of Amona. In scenes of resistance designed to haunt policymakers who favor further withdrawals, Israeli security forces dragged wailing protesters out of homes and synagogues.

Appointments, Confirmations & Budgets

Neil Gorsuch on National Security Law

Last night, President Trump nominated Judge Neil Gorsuch of the Tenth Circuit Court of Appeals to fill the ninth seat on the Supreme Court. We have mined Judge Gorsuch’s opinions in the areas likely of interest to Lawfare’s readers — immigration, separation of powers, the Fourth Amendment, administrative law, international law, and foreign affairs.

Case Coverage: 9/11 Case

This Week at the Military Commissions, 10/14 Session: Joint Defense Agreement? What Joint Defense Agreement?

After a closed hearing on Thursday for a 505H session, Judge Pohl reconvenes the court in open session at 9:03am on Friday. The judge notes that all defendants are in attendance except for Mustafa alHawsawi (who is preparing to undergo surgery to fix a prolapsed rectum from his torture while in CIA custody) and polls defense counsel to check for changes in the representation (there are none). Chief Prosecutor Mark Martins then calls an Assistant Staff Judge Advocate to the stand who testifies that Hawsawi voluntarily chose to remain behind and to waive his right to attend.