Ehud Barak: We Must Save Israel From Its Government

For all of Israel’s great achievements in its seven decades of statehood, our country now finds its very future, identity and security severely threatened by the whims and illusions of the ultranationalist government of Prime Minister Benjamin Netanyahu.

.. this government has been irrational, bordering on messianic

.. The government realizes that carrying out its one-state plan must entail steps and practices that necessarily clash with Israeli and international law — which is why it has effectively declared war on

  • the Supreme Court of Israel,
  • the free press and civil society, as well as
  • the Israel Defense Forces’ ethical code.

This disrespect for the rule of law permeates other aspects of the government, too. It helps to shield the prime minister, his family and his aides from corruption investigations. Mr. Netanyahu’s Likud Party recently introduced legislation that would explicitly forbid the police from recommending indictments at the end of high-profile investigations.

.. The Middle East is certainly a tough neighborhood. The threats to Israel are real and none can be ignored. Our country, however, has built an “iron wall” of military and economic power that has made us into the strongest player in the region.
.. there is a broad consensus among Israelis that rests on three pillars.
  1. First and foremost, security comes before everything; every Israeli understands this.
  2. Second, the unity, solidarity and integrity of the people take priority over the unity of the land — namely, the wish to possess the entirety of our historic homeland.
  3. Third, the principles of the 1948 Declaration of Independence, which lay out a vision for a democratic Israel based on freedom, justice and peace, are the foundation of our country’s de facto constitution.
.. The entire debate, then, is actually only over the fate of the isolated settlements, fewer than 100 small communities deep in the West Bank, containing around 100,000 settlers. Even if it is not possible to solve the Israeli-Palestinian conflict at this stage — and it probably is not — it is obvious that continued construction in those isolated settlements directly damages Israel’s vital interests.
.. Mr. Netanyahu’s coalition claims to support the three pillars of Israeli consensus but the truth is it is determinedly undermining all three.
.. He prefers a Greater Israel with an Arab majority, violence and division over a united, self-confident Israel with a solid Jewish majority
.. He sanctifies the Land of Israel before the People of Israel. And he systematically erodes Israel’s democracy and liberal norms of governance.
.. In the service of this agenda, Mr. Netanyahu elevated fake news, alternative facts and whataboutism into art forms in Hebrew, long before those terms gained any traction in English.

When can an NDA be legally broken?

There are many reasons that a contract can be void or voidable. Wikipedia will give you a good rundown. The reasons which apply to contracts generally will apply to NDAs specifically. This answer focuses on non-disclosure agreements.

Various legal authorities and courts have found contracts to be void in the following circumstances:
1. Crime
2. Torts
3. Public safety
4. Public Health
5. Matters of substantial public concern

The Model Penal Code prohibits what it calls compounding. The crime involves accepting payment in exchange for not reporting a crime.

Chief defense counsel released from contempt sentence in USS Cole case

Brig. Gen. John Baker was serving a 21-day sentence that began Wednesday after the military judge in the USS Cole case found Baker in contempt of court in a showdown over who has the authority to release attorneys of record. The 50-year-old career military officer, who is the second highest-ranking lawyer in the Marine Corps, is chief defense counsel for military commissions.

The release was ordered just before a hearing in Washington, D.C. on a habeas corpus unlawful detention petition filed by a group of criminal defense lawyers. However, the sentence could be re-imposed later, and Baker’s contempt conviction was not vacated.

U.S. District Court Judge Royce Lamberth declined to rule further on Baker’s case during the hearing Friday, saying the military official in charge of the war court made a “wise decision” by releasing Baker. But he implied that if the military didn’t take further action in a “reasonable” amount of time, he might further review the case later.

“I’m not going to stand down. I’m simply going to give the military time to clean up its own act,” Lamberth said. “And its first step was a good one.”

.. Baker has refused an order by the USS Cole case judge, Air Force Col. Vance Spath, to rescind his decision to release three civilian defense lawyers from the case. At issue is whether he or Spath actually has the power to let war court lawyers of record go. Spath says that’s the role of a judge. Baker says in the case of military commissions, the tribunal system set up after the Sept. 11 attacks, it is solely his domain.