Tuesday, July 04, 2006

A hero of our time

Charles Swift,JD USN.AP

from the Seattle Post-Intelligencer:

Gitmo win likely cost Navy lawyer his career
'Fearless' defense of detainee a stinging loss for Bush


Lt. Cmdr. Charles Swift -- the Navy lawyer who beat the president of the United States in a pivotal Supreme Court battle over trying alleged terrorists -- figures he'll probably have to find a new job.

Of course, it's always risky to compare your boss to King George III.

Swift made the analogy to the court, saying President Bush had overstepped his authority when he bypassed Congress and set up illegal military tribunals to try Guantanamo detainees such as Swift's alleged al-Qaida client, Salim Ahmed Hamdan.

The justices agreed, ruling 5-3 Thursday in favor of dismantling the current tribunal system. Despite his spectacular success, with the assistance of attorneys from the Seattle firm Perkins Coie, Swift thinks his military career is coming to an end. 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.

"I may be one of the most influential lawyers in America," the Seattle University Law School graduate said, "but I won't be in the military much longer. That irony did strike me."

Swift's future in the Navy now rests with another promotion board that is expected to render its decision in the next couple of weeks. Under the military's system, officers need to be promoted at regularly scheduled intervals or their service careers are essentially over.

"The way it works, the die was cast some months ago," he said. "The decision has been made. I don't know what it is yet." But he thinks his chances are slim.

Asked if he believes he was passed over for promotion last year for political reasons, Swift would not speculate. "I don't know," he said. "I'm not going to worry about it. I didn't volunteer for this. I got nominated for it. When I got it, I just decided to do the best I could."

Swift has worked under two officers as a member of the small team of lawyers defending "enemy combatants" being held at Guantanamo Bay. Both of them spoke highly of Swift Friday and said they gave him very high ratings on his annual review, called a fitness report.

"He's doing a fantastic job," said Swift's current boss at the Office of Military Commissions (tribunals), Marine Col. Dwight Sullivan.

Sullivan spoke of the crucial importance of the case decided Thursday by the Supreme Court. "It's a fundamental constitutional question about the powers of the president," Sullivan said. Asked about Swift's aggressive legal challenge of the commander in chief, Sullivan saluted Swift's "moral courage."

"He has been absolutely fearless is pursuing his client's interests. And also he has exhibited an extraordinary level of legal skill. His legal strategy has been brilliant.

"We all take an oath to protect and defend the Constitution of the United States and he has certainly done that, literally."

Swift spoke Friday about his "immense pride" in the military justice system. "I don't feel that because you join the military you should lose rights. If there is anyone who deserves the protection of those rights, it's the people who are willing to lay down their lives for it."

So the question is will Swift lay down his career because of his vigorous defense of a Yemeni tribesman who was Osama bin Laden's driver in Afghanistan.

I think it's interesting that his pending review was scheduled when it was, a few weeks after he was scheduled to take his case to the US Supreme Court, so that he'd know it was hanging over him or he had one last chance, depending on how he might regard it. I also have this picture in my mind, accurate or not, of the stereotypical reactionary geezer who might watch the make-believe TV show "JAG", throwing stuff at the set when the news of this SCOTUS decision came on the teevee. I imagine the TV JAG protagonists were never faced with possibly having to displease the president in order to do their jobs. I've actually seen the show a few times because it was often on at a workplace of mine several years ago, but I can't remember any of the plotlines. (Just how photogenic the principals were.) Enjoy your 4th.