Guantánamo defense lawyer forced out of Navy

[cal04]

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.

A Pentagon appointee, Swift embraced the alleged al-Qaida's sympathizer's defense with a classic defense lawyer's zeal, casting his captive client as an innocent victim in the dungeon of King George, a startling analogy for the attorney whose commander-in-chief is President (George) Bush.

http://seattletimes.nwsource.com/html/nationworld/20032...

[lapfog_1]

1. Hmmm... let's see, qualifications for promotion...

"took a difficult case and argued it before the Supreme Court of the US and WON"...

nope, he certainly isn't good material for promotion, that's for sure!!!



One of the first things we need to do when we take back our country from these criminals is to
rectify this and put this man in charge of the JAG.

[IndianaGreen]

17. Lt. Cmdr. Charles Swift has joined Army General Shinseki

in the pantheon of military officers that stood by the Constitution and fulfilled their duty.

In Bush's dictatorship, military officers owe their loyalty to Bush, not to the Constitution.

[saigon68]

36. Yes another milestone in the NEOCON March to Fascism

They will use the American Flag as their symbol.

I love it how every clerk in a hardware store, convenience store clerks, meter readers, parking lot attendants ETC


ARE WEARING FLAG PATCHES on the arms of their work uniforms.

Some even have a flag on EACH shoulder.

SEIG HEIL

[joemurphy]

2. In civilian life he'd be made a senior partner. n/t

[DBoon]

16. He still could end up as a senior partner

As much as he will miss the Navy, I'm sure he will end up making a lot more.

A lot of firms would love someone like this

[atreides1]

3. This is true courage

From someone who is currently wearing the uniform, don't get me wrong, what the troops on the ground in Iraq are doing is also brave, but they hide behind the "I'm just following orders defense". This man knew he was going to be screwed over by the military, but he did what he did inspite of it.

He stood up for the principles of what the US Constitution is supposed to represent, he didn't just pay lip service, and now he pays the price.


"Better to die on your feet, then to live on your knees"

[Supersedeas]

37. and the Corp Media will ignore it unless or until he is demonized

[90-percent]

4. One of hundreds

This HERO is one of hundreds that has lost their careers for being upstanding and doing the right thing.

Bush hates our good Americans!

-85% Jimmy

[ChairmanAgnostic]

6. Close, 90. They hate us for our freedoms. and between

gonzales, Bush, Cheney and Rummie, they are doing their utmost to take ours away.

You see, George was just projecting when he makes that statement. His minions are the ones who hate us for our freedoms and our democracy.

[acmejack]

5. You knew he was toast.

You don't do a good job in this military & get away with it, not if it is against what Rummy wants to see.

[Hand]

19. So did he.

I read a profile of him a few months back when he won the case; he said that he pretty well knew that his career in the Navy was over. I guess they didn't want a smart, principled, able guy around.

to Lt. Com. Swift!

[Uben]

7. Special Prosecutor

Make him special prosecutor and let him go after Bush and Cheney and their cohorts. Give him unlimited access and unlimited funds.

[no_hypocrisy]

8. All of the above, and this too:

It appears that the Peter Principle is the Leitmotiv underlying the promotion policy in the military as well as major-league ass-kissing. You are promoted and keep getting promoted until you reach your level of incompetence. Do your job and you're punished, and/or fired.

[TAPat]

9. I did, and do, admire Mr. Swift for not only

for vigorously defending his client but also the constitution.

As said above, in the real world he'd be offered a partnership.

Frankly, I'm surprised his *punishment* for a job well done wasn't worse... At least he will be free to join us!

Charles Swift - a Real American Patriot

[0007]

10. ....and we wonder why the world hates us!

"Either you're with us are against us"

[UTUSN]

11. K&R for so much for justice, INSIDE the military or OUTSIDE n/t

[Solo_in_MD]

12. I'm not so sure about that

Promotion boards meet MONTHS ahead of the list being announced, which then gets reviewed at many levels. The outcome of the supreme cout case has nothing to do with it. Not promoting due to winning at the Supreme Court doesn't fit the timeline.

Bear in mind that fewer promote to each grade as the rank increases. Given the fixed limits on the number of each rank in each service, the up or out process makes sense. Also, some steps are where major culling is done. Not sure where the big jump is in the Navy JAG is, but in some communities its O-3 to O-4, in others its O-5 to O-6.

Why Swift did not promote is just guess. I have seen issues going back to 2nd Lt come back to haunt a guy going for full colonel...the competition is that tough at the upper ranks. Making O-4 means the person can complete 20 years, qualify for a pension and then move on. If they really wanted to screw him, ways can be found to mess that up. If they haven't, its a clean exit.

Does anybody know if he wanted to stay in?

[Pithy Cherub]

14. Swift said on his C-SPAN interview that

yes he wanted to remain in the military. Your point about the list being made months in advance falls apart because the trip to the Supreme Court swift made on behalf of Hamdan started months - nope years before as he was winning victories at the lower level jurisdictional courts and the appellate level to make the case mature enough to reach SCOTUS and be granted cert by at leats 4 Justices. Swift knew and was just courageous anyway! A Man of Courage and his word. He was told by his boss to defend the case to his fullest abilities.

[Solo_in_MD]

15. No evidence that his success in this case had anything to do with him not

promoting. Not saying it didn't, just that nothing has been documented.

Another point to consider is that you get twop chances to promote. Have not seen if this was his first or second look.

[Octafish]

13. Guy would make a better Chief Justice than Roberts.

Honesty. Integrity. Character. Missing from Scalia, Thomas, Alito, too.

[leesa]

18. Good job. Navy. You just displayed for all to see that if you do what

you have sworn to do as part of the Navy, "protect and uphold the Constutution" you will be booted out.

[libodem]

20. ah hummmm, I believe that's Queen George

of which you speak...a pathetic, impotent, figurehead puppeted by President Chaney.

[cal04]

21. Thank You For A Job Well Done

As a reward for doing his job well, for upholding and defending the Constitution and the rule of law, and for diligently representing his client, Lt. Cmdr. Charles Swift has been denied promotion by the US Navy, effectively ending his career in the military.

I just wanted to take a moment to say "Job well done, and thank you." Integrity isn't a medal that you get to pin all shiny on your chest, but it is something that Mr. Swift has in spades. And I salute him for it. Bravo.

It cannot have been easy to challenge the military tribunal system and our entire detainee process at Guantanamo and elsewhere within the context of the Bush Administration's current environment in the Pentagon, the DoJ and the assault on the rule of law — but he did the work on the Hamdan case, and did it well, and ought to be commended for it.

more
http://www.firedoglake.com/2006/10/08/thank-you-for-a-j...

[Thickasabrick]

22. Can he sue?

[Sweet Pea]

35. Sue for what??????

[teryang]

23. No good deed goes unpunished

this is so typical of government service.

[rodeodance]

24. Pink slips for competance and medals/$$ promotions for the Inept.

[morningglory]

25. Saw him on C-Span. He is a great American, who made me proud that

he represented us.

[Peace Patriot]

26. We need to create a new Medal for all the braves souls with much to lose

who bucked this Junta. And there are many, with some of the JAG lawyers at the top of the list. The American Peoples' Medal for Valor.

Thank you, Lt. Cmdr. Swift! Please know how much your devotion to the Constitution is appreciated, and that you have heartened and inspired many people.

[gratuitous]

27. Gee, throwing away all the training and education they invested

I wonder why there's no hue and cry about the military wasting its money on Mr. Swift? Certainly there's are some folks who are very upset any time, say, protestors damage a military prison transport jet or a military doctor declares for CO status. I guess some colossal wastes of time, talent and money are more palatable than others?

[erpowers]

28. Swift Passed Over for Promotion

Lt. Cdmr Swift has been passed over for promotion to Cdmr (Commander). As a result Swift will have to leave the Navy. In the military when a member of the military is passed over for promotion twice they have to then leave the military. Even though some believe that Swift was passed over due to winning his case against the President, Swift's commanders have said that the decision was more about Swift's lack of variety in his career. Swift mainly did a large amount of litigation, but did not do many other things. Normally, military lawyers do a variety of things in the military.

[babylonsister]

29. Need more info. Who is Swift? What's his full name and I can

google.

[othermeans]

33. Here is a brief biography from Buzz Flash

http://wingsofjustice.com/06/07/woj06027.html

[Bigmack]

30. Figures....

he pissed the neocons off defending "terra-ists".

He's get a Lt. Commander's retirement, and some firm that needs a top-notch litigator will pick him up. He'll land on his feet.

It's sure gonna put the fear of Cheney into other military lawyers, tho.

[liberalhistorian]

32. And the thing is, that is what he, apparently, was

ASSIGNED to do. He may not have personally wanted to do it, but when you're a military lawyer, you have to do what you're assigned to do. I feel bad for him now, but it'll likely be better for him in the long run and he'll be much better off.

[Scooter24]

31. Interesting...

that the Pentagon would let an experienced lawyer go while pushing to gain access to law schools because of "immediate national security needs."

[w4rma]

34. Another good man gone from public service. %*ck the Republican Party.(nt)