Lawfare involves the targeting of defendants based primarily on who they are rather than what they have done.
Alan Dershowitz
Alan Dershowitz is professor emeritus at Harvard Law School and the author of “Get Trump,” “Guilt by Accusation” and “The Price of Principle.” Active in litigation, writing, and defense of civil liberties and human rights.Visit his substack and follow him at @AlanDersh.
Intifada Was Globalized in Amsterdam
A clear line must be drawn between lawful, even if immoral, protests, and criminal violence. There is no continuum. It is a bright-line distinction that many in the media are deliberately trying to blur.
Sinwar Weaponized the Death of Gazan Civilians
This may be the first time in military history that leaders have admitted putting their own people in harm’s way to increase the casualty figures.
Israel’s Preemptive Attack on Hezbollah Might Have Prevented a Wider War
The hard question now is whether Israel should engage in a preemptive attack on Iran’s imminent nuclear arsenal.
Prisoner Exchanges Between the United States and a Tyranny Like Russia are Asymmetrical
Russia and other tyrannies can take hostages whenever they choose to and use them as bargaining chips.
Trump Gag Order Violates Your Freedom of Speech
Mr. Trump isn’t the only victim of this ill-advised gag order. It violates your First Amendment rights and mine as well.
Why No Arab or Muslim Nation Has Been Willing to Accept Palestinian Refugees from Gaza
The only reason that Ireland, Norway and Spain can safely recognize a Palestinian state is that they do not have to live with the consequences.
Will Judge Merchan Sentence Trump to Prison?
Judge Merchan has many sentencing options. We would not venture to predict which one he will select, though we are fairly certain, based on his trial rulings, that he will not be motivated by fairness or justice, but rather by the “get Trump” attitude that has dominated this case from beginning to end.
Why Does No Arab or Muslim Nation Accept Palestinian Refugees from Gaza?
The only reason that Ireland, Norway and Spain can safely recognize a Palestinian state is that they do not have to live with the consequences.
Are the Democrats betraying Israel?
Both Biden and his predecessor, President Barack Obama, promised that they had Israel’s back, but it now appears that they are painting a target on its back at a time of its greatest vulnerability.
International Criminal Court (ICC) Lacks Jurisdiction Over Israel in Gaza
Israel is not Hamas, and the rules of the ICC are not the same for democracies that live under the rule of law and terrorist groups that live under the rule of lawlessness. This distinction is central to the legitimacy of the ICC and its rule of complementarity. Without recognizing it, the ICC would become a partisan “court” of politics rather than a neutral court of objective law.
Democrat Attempts To “Get Trump” Make a Mockery of the Criminal Justice System
Prosecutors cannot simply make up new crimes by jerry-rigging a concoction of existing crimes, some of which are barred by the statute of limitations others of which are beyond the jurisdiction of state prosecutors.
Drawing The Line Between A Pro-Hamas Protestor And A Terrorist
Most of those who today support and admire Hamas will not cross the line from advocacy to terrorism, but some likely will.
Incubators for Terrorism: US College Campuses
Protests for Gaza is merely an excuse for a much wider agenda: to destroy Israel and destroy America.
President Biden’s Moral Equivocation on Anti-Israel Demonstrators Demonstrates a Lack of Real Leadership
Mr. Biden needs to demonstrate the same moral clarity he demanded from his predecessor.
The Double Standard on Freedom of Speech and Racism at American Universities Like Columbia
Universities cannot morally punish anti-black racism while tolerating anti-Jewish racism, even if the First Amendment protects both.
The ‘Better’ Civilians of Gaza
All in all, the number of absolutely innocent Gazans — babies, children and adults who are not complicit in Hamas crimes — is a fraction of those claimed by Israel’s enemies, including so-called human rights groups.
Biden Administration Continues to Undermine Israel
Why Is Biden Stopping Israel From Attacking Iran’s Nuclear Weapons Program?
Is Trump’s Mega-Fine Unconstitutional?
If the Supreme Court were to grant review, it would have to consider two issues: the first is whether this state-imposed fine and others like it are covered by the Eighth Amendment; if so, the second issue would be whether the fine of $464 million is excessive.
Biden Administration’s Weakening Support for Israel
Unless the Biden administration changes course and encourages Israel to achieve its legitimate military goal of defeating Hamas, terrorism will win and civilization will lose.
The So-Called International Court of Justice Deserves No Respect Until It Addresses Hamas War Crimes
International law, and especially the law of war, is largely an academic enterprise. Enforced mechanisms are entirely political and not deserving of the respect accorded real judges.
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