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Hamdan Lawyer Forced Out of the Navy

By Big Tent Democrat, Section Terror Detainees
Posted on Sun Oct 08, 2006 at 09:19:23 AM EST
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(Guest Post from Big Tent Democrat)

This is a disgrace:

The Navy lawyer who took the Guantánamo case of Osama bin Laden's driver to the U.S. Supreme Court -- and won -- has been passed over for promotion by the Pentagon and must soon leave the military.

Lt. Cmdr. Charles Swift, 44, said last week he received word he had been denied a promotion to full-blown commander this summer, "about two weeks after" the Supreme Court sided against the White House and with his client, a Yemeni captive at the U.S. Navy base in southeast Cuba. Under the military's "up-or-out" promotion system, Swift will retire in March or April, closing a 20-year career of military service.

This disagraceful vengeance upon a Navy lawyer committed to the ideals he swore to uphold is just as much as taint on our country as the detainee bill. Why? Because it puts into grave doubt the whole idea of military tribunals, and the independence and commitment of layers appointed to defend detainees. The Navy reward for a job well done is to be busted out of the service. An outrage.

In the opinion of Washington, D.C., attorney Eugene Fidell, president of the National Institute of Military Justice, Swift was "a no-brainer for promotion," given his devotion to the Navy, the law and his client.

But, he said, Swift is part of a long line of Navy defense lawyers "of tremendous distinction" who were not made full commander and "had their careers terminated prematurely."

"He brought real credit to the Navy," said Fidell. "It's too bad that it's unrequited love."

And the Navy brings great discredit on itself and on the United States for this.

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    Hamdan Lawyer Forced Out of the Navy | 39 comments (39 topical)
    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#1)
    by TKindlon on Sun Oct 08, 2006 at 10:38:37 AM EST
    Here's a true story about a military lawyer: my son, Lee. Lee joined the Marines to be a JAG officer. In 2000 he received his commission when he graduated from Officer Candidate School in Quantico during the summer after his first year at UCONN Law School. Then, as is normal, he went into the reserves so he could finish law school, take the bar, etc. During his second year of law school Lee applied to join the law school branch of the Connecticut Civil Liberties Union. When he submitted his application, one of his fellow students challenged him by asking "If you're in the military why do you care so much about civil liberties?" Lee's response--and I thought of this when I heard about LCDR Swift getting screwed--was "I've taken an oath to die for the Constitution if I have to, what about you?" Over time I've been well-positioned to confirm that Lee's willingness "to die for the constitution" and his unyeilding devotion to the rule of law is typical of the military lawyers he served with in the JAG Corps. We should be grateful that not only are military lawyers willing to die for the consitution, but, like LCDR Swift, they are willing to sacrifice their beloved careers rather than compromise their principles. tlk

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#2)
    by Talkleft Visitor on Sun Oct 08, 2006 at 10:38:37 AM EST
    Sorry, but it is absolutely typical. Too many high-up motherless sons want vengeance on the innocent, and want absolute power. This guy limited their scope, so of course he had to be eliminated asap.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#3)
    by Talkleft Visitor on Sun Oct 08, 2006 at 10:38:37 AM EST
    An outrage and a disgrace certainly; but hardly a surprise. This is totally consistent with the "Agree with me or I'll crush you" attitude of another national disgrace - George W. Bush.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#4)
    by Che's Lounge on Sun Oct 08, 2006 at 10:38:37 AM EST
    Well I hope he got his 20. Not unexpected.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#5)
    by scarshapedstar on Sun Oct 08, 2006 at 10:38:37 AM EST
    The defanging of the U.S. military is no accident, that much is clear. The question is, are they really willing to sacrifice everything so that they can funnel more and more obscene contracts to Bechtel and Blackwater? Actually, don't bother answering that.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#6)
    by Gabriel Malor on Sun Oct 08, 2006 at 10:38:37 AM EST
    Well, first of all, we don't know that it was "disgraceful vengeance" that's keeping Swift from promotion. We've got the "opinion of Washington, D.C., attorney Eugene Fidell." I'm going to go out on a limb, here, and assume that Fidell wasn't on the Navy promotions board. Which makes me wonder why he's so qualified to opine on who should or should not be promoted. And as far as Marine Col. Dwight Sullivan, who notes that it is "quite a coincidence" that the Navy promotions board passed Swift over "within two weeks" of the Hamdan decision, he--and the writer of the article--seem to have forgotten that Swift was also passed over in 2005, as well. Finally, the JAG promotion rates seem to only be about 60% (warning: PDF). And I'm sure each of the ones who are passed over are all saying "I wanted to make a difference." The point is, you have no evidence at all that the Navy's choice not to promote Swift is retaliatory. The article doesn't even make that claim (though it certainly implies it). What is it you know that we do not?

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#7)
    by Talkleft Visitor on Sun Oct 08, 2006 at 10:38:37 AM EST
    The story is not one that I have followed or would have ordinarily been interested in, but I do have an aversion to injustice and the abuse of power of the establisment.At the risk of usng a cliche let me say the story left me with a" sense of ourage" and a feeling of impotence. nothing can be done to right this wrong in today's political envirnoment!

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#8)
    by jimakaPPJ on Sun Oct 08, 2006 at 10:42:48 AM EST
    A quote from the post:
    In the opinion of Washington, D.C., attorney Eugene Fidell, president of the National Institute of Military Justice, Swift was "a no-brainer for promotion," given his devotion to the Navy, the law and his client.
    Opinions are like noses, everyone has one. In the opinion of the Navy Swift did not meet the requirements for promotion. And it is the Navy's opinion that counts.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#9)
    by Talkleft Visitor on Sun Oct 08, 2006 at 11:24:43 AM EST
    It's hard to understand why a lawyer good enough to take on the US government in the Supreme Court--and win--winds up being "not good enough" for promotion.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#10)
    by scarshapedstar on Sun Oct 08, 2006 at 11:24:43 AM EST
    Pedantry-Producing-Jim comes through once more. Thank you, though, for explaining the obvious. I think the issue here is whether the Navy's opinion stems from with Swift's abilities and devotion, or from an understandable, yet dangerous and reprehensible, desire for retiribution.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#11)
    by John Forde on Sun Oct 08, 2006 at 11:24:43 AM EST
    The National Law Journal named Swift one of the top 100 lawyers in America.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#12)
    by Talkleft Visitor on Sun Oct 08, 2006 at 11:24:43 AM EST
    with all this gushing over the jag corps, one would almost think they actually won battles and that the military existed to serve them. unfortunately, I don't see a correlation between us winning wars and having more military lawyers. how much should we bet that there were fewer lawyers in the service in wwII?

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#13)
    by Talkleft Visitor on Sun Oct 08, 2006 at 11:30:16 AM EST
    From the first moment I saw this young man testify on Capitol Hill and get attacked by that most rabid of political hacks Jeff Sessions of Alabama, I knew his career was doomed. The only thing I am shocked by is that they waited this long to do it. The sickening feeling that one gets from watching the tiffany clear games these people play is only surpassed by my determination to do whatever it takes to end this criminal administration as quickly as possible. Perhaps then, this young man of courage will be rewarded for being an American treasure!

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#15)
    by jimakaPPJ on Sun Oct 08, 2006 at 11:49:10 AM EST
    scar - Well, if that is the issue, what do you have besides opinions??

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#14)
    by Gabriel Malor on Sun Oct 08, 2006 at 11:55:08 AM EST
    The National Law Journal named Swift one of the top 100 lawyers in America.
    Correction: "The National Law Journal named Swift one of the top 100 lawyers in America after he defended Hamdan." What, you think they'd even have heard of Swift if not for this case?

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#16)
    by DonS on Sun Oct 08, 2006 at 12:07:05 PM EST
    Chief appologist PPJ, Is there anything you would not criticize or support simply because it had even the most tangential, remote possiblity of being out of step with the party line. If you can follow that tortured syntax, you can think for yourself. Try it sometime. You can't just be a hollow shell; surely you're better than that. 20 year military lawyer. Wins a high profile case. Not promotion material? Seriously? I'm not one to gush over military anything, but I can smell rot in a bureacracy.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#17)
    by Talkleft Visitor on Sun Oct 08, 2006 at 01:02:24 PM EST
    I just emailed secNavy Donald C. Winter the following:
    To Mr. Donald C. Winter, Secretary of the Navy: Sir: I am greatly disturbed by the Navy's effective dismissal by non-promotion of Lt-Cmdr Charles Swift. He swore to defend the Constitution, and did so successfully in a case (Hamdan v. US) that some might find distasteful. In his superlative work in defending the rights of Mr. Hamdan, he upheld the most sacred rights recognized by our founding document. The Navy, as an organization, and you, personally, should be ashamed. What's more, you are politically stupid, as once he no longer wears the uniform he will be free, as we have seen recently with many high-ranking ex-military persons, to speak his mind to the media. You do not know what you have done. Yet. I may be directing the IRS to appropriate the US navy's fraction of my tax dollars to the Bolivian Navy, which is currently seeking access to the Pacific Ocean. This may be quixotic, but the 1880's treaty that cost Bolivia Pacific access was flawed, and could be overturned in court. I do get the impression, though, that neither the Navy nor the current administration has any love for the courts. Think of your image in history, sir.
    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#18)
    by Al on Sun Oct 08, 2006 at 01:02:24 PM EST
    Besides the obvious injustice to Swift, the intent is clearly to have a chilling effect on other military lawyers: Don't defend detainees if you want to have a career in the military. ---
    Chief appologist PPJ ... You can't just be a hollow shell; surely you're better than that. (DonS)
    No, he's not. I'll say this for PPJ: What you see is what you get.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#19)
    by Talkleft Visitor on Sun Oct 08, 2006 at 03:00:18 PM EST
    I commend to you the following about the Geneva Conventions, article 3: Send this to the troops you know, please.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#20)
    by jimakaPPJ on Sun Oct 08, 2006 at 03:09:15 PM EST
    et al - Apologize? For what? Asking you to provide something besides your opinions? Facts folks. And as any good defense attorney would say, "assumes facts not in evidence." VJB writes:
    I may be directing the IRS to appropriate the US navy's fraction of my tax dollars to the Bolivian Navy,
    Well, you were doing good until you decided to show everyone just how informed you are.... Yep. I'm sure the Sec is quaking in his boots.. He'll probably furl the mizzenmast and throwaway his copy of the "Blue Jacket's Manual." DonS writes:
    I'm not one to gush over military anything,
    Now that's a surprise.... Gabe - And if he had lost it they would have claimed the fix was in and yelled for a new trial...

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#22)
    by Talkleft Visitor on Sun Oct 08, 2006 at 03:48:46 PM EST
    When I was in the service, you had to be passed over for promotion three times before you were forced out. So, I have trouble believing he was punished solely for Hamdan.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#27)
    by Sailor on Sun Oct 08, 2006 at 05:36:38 PM EST
    he--and the writer of the article--seem to have forgotten that Swift was also passed over in 2005, as well.
    What this commenter seems to have forgotten is that:
    The 44-year-old Judge Advocate General officer, who was recently named one of the 100 most influential lawyers in the country by The National Law Journal, was passed over for promotion last year as the high-profile case was making headlines around the world.
    He was passed over BECAUSE he was representing Hamdan, and passed over again because he had the temerity to win. How many other JAGs made the top 100?
    Well, you were doing good until you decided to show everyone just how informed you are....
    pretty funny from a commenter that has been caught lying so many times.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#21)
    by Talkleft Visitor on Sun Oct 08, 2006 at 08:08:08 PM EST
    The point is, you have no evidence at all that the Navy's choice not to promote Swift is retaliatory. The article doesn't even make that claim (though it certainly implies it). What is it you know that we do not? Nothing that you don't know. But we do know that the major work he has had over the past couple of years has been a very significant success. I can judge the quality of his work for his client as a lawyer -- and it was very good. He was named one of the 100 Top Lawyers in the Country by a non-partisan, prestigious journal, and his commanding officer said he had done an extraordinary job and served with distinction. Given these professional commendations by outside groups without an ax to grind, and by his direct superior, the prima facie case has been made that he deserves promotion. There is an obvious reason why he might not be promoted, esp. given the treatment meted out to military lawyers by political appointments in this administration. There may be another reason he wasn't promoted -- but we haven't heard it, and without evidence, I won't invent it just to save face for this administration.

    Re: Hamdan Lawyer Forced Out of the Navy (none / 0) (#23)
    by Talkleft Visitor on Sun Oct 08, 2006 at 08:08:08 PM EST
    A military lawyer is, theorically,committed to supply as best a defense as is possible consistent with the law and the Constition. He is also sworn to use his le