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Guantanamo Bay and the Conflict of Ethical Lawyering; also, Charles D. Swift
Last edited Fri Jun 22, 2018, 01:24 PM - Edit history (1)
This is timely, in light of the proposed use of JAGs to prosecute immigrants.
I remembered that there was a Navy lawyer who had been passed over for promotion following his work as a defender. I couldn't recall his name. Good old Google did its job.
Guantanamo Bay and the Conflict of Ethical Lawyering
Charles Swift
Charles D. Swift (born 1961) is an attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan, a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the National Law Journal recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees.
Swift used the civil courts to challenge the constitutionality of the military tribunals and the legal treatment of detainees in Hamdan v. Rumsfeld (2006), a case that went to the US Supreme Court and was decided in his client's favor. As a result, Congress passed the Military Commissions Act of 2006 to authorize a form of military tribunals and incorporate the Court's concerns about reconciliation with the US Uniform Code of Military Justice and the Geneva Conventions.
During his Navy career, Swift served in a variety of assignments, including at sea. After several years, he was approved to attend law school and, after graduation, in 1994 became a member of the Navy's legal corps. In 2003, he was assigned to the Department of Defense Office of Military Commissions, serving into early 2007. There he was assigned as defense counsel to Salim Ahmed Hamdan. Because of his challenges, Swift was helping make the law on detainee treatment in the war on terror.
In June 2006, Swift learned he had been "passed over" by the Navy (a second time) for promotion; as a result, under the military's "up or out" system, he had to retire in the spring of 2007. He learned of being passed over two weeks after the Supreme Court decided in Hamdan's favor, and intended to continue defending Hamdan as a civilian.
From 2007 through 2008, Swift taught at Emory Law School as a Visiting Associate Professor and Acting Director of its newly established International Humanitarian Law Clinic. Hamdan was convicted of one of his charges in 2008 but credited for time detained. He was returned to Yemen in 2008. Swift worked to appeal his conviction. In October 2012, Hamdan was acquitted of all charges in the United States Court of Appeals for the District of Columbia Circuit.
In 2014, Swift joined Constitutional Law Center for Muslims in America as its Director.
....
Forced retirement
In June 2006, Swift learned that he would be forced to retire from the Navy, as he had not been promoted to commander but "passed over" a second time. The Navy has an "up or out" promotion policy., for a second time had not been selected for promotion. He left the military that spring, the Associated Press reported. Lt. Cmdr. Charles Swift, who has worked in the Department of Defense Office of Military Commissions since 2003, said he learned about two weeks after the Hamdan decision that he would not receive a promotion to commander. Media such as the New York Times and Vanity Fair reported that the timing was not a coincidence and suggested it was politically motivated. The Deputy Judge Advocate General of the Air Force, Charles J. Dunlap Jr., later said that suggestion was without evidence.
From fall 2007 to spring 2008, Swift taught at Emory Law School as a Visiting Associate Professor and Acting Director of its newly established International Humanitarian Law Clinic.
Charles D. Swift (born 1961) is an attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan, a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the National Law Journal recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees.
Swift used the civil courts to challenge the constitutionality of the military tribunals and the legal treatment of detainees in Hamdan v. Rumsfeld (2006), a case that went to the US Supreme Court and was decided in his client's favor. As a result, Congress passed the Military Commissions Act of 2006 to authorize a form of military tribunals and incorporate the Court's concerns about reconciliation with the US Uniform Code of Military Justice and the Geneva Conventions.
During his Navy career, Swift served in a variety of assignments, including at sea. After several years, he was approved to attend law school and, after graduation, in 1994 became a member of the Navy's legal corps. In 2003, he was assigned to the Department of Defense Office of Military Commissions, serving into early 2007. There he was assigned as defense counsel to Salim Ahmed Hamdan. Because of his challenges, Swift was helping make the law on detainee treatment in the war on terror.
In June 2006, Swift learned he had been "passed over" by the Navy (a second time) for promotion; as a result, under the military's "up or out" system, he had to retire in the spring of 2007. He learned of being passed over two weeks after the Supreme Court decided in Hamdan's favor, and intended to continue defending Hamdan as a civilian.
From 2007 through 2008, Swift taught at Emory Law School as a Visiting Associate Professor and Acting Director of its newly established International Humanitarian Law Clinic. Hamdan was convicted of one of his charges in 2008 but credited for time detained. He was returned to Yemen in 2008. Swift worked to appeal his conviction. In October 2012, Hamdan was acquitted of all charges in the United States Court of Appeals for the District of Columbia Circuit.
In 2014, Swift joined Constitutional Law Center for Muslims in America as its Director.
....
Forced retirement
In June 2006, Swift learned that he would be forced to retire from the Navy, as he had not been promoted to commander but "passed over" a second time. The Navy has an "up or out" promotion policy., for a second time had not been selected for promotion. He left the military that spring, the Associated Press reported. Lt. Cmdr. Charles Swift, who has worked in the Department of Defense Office of Military Commissions since 2003, said he learned about two weeks after the Hamdan decision that he would not receive a promotion to commander. Media such as the New York Times and Vanity Fair reported that the timing was not a coincidence and suggested it was politically motivated. The Deputy Judge Advocate General of the Air Force, Charles J. Dunlap Jr., later said that suggestion was without evidence.
From fall 2007 to spring 2008, Swift taught at Emory Law School as a Visiting Associate Professor and Acting Director of its newly established International Humanitarian Law Clinic.
