Guantánamo defense lawyer forced out of Navy

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. Commander Charles Swift, 44, was the lawyer who represented Guantanamo detainee Salim Hamdan in the landmark Supreme Court case that ruled President Bush’s military commissions unconstitutional and in violation of international law. In a move that he had predicted, Swift confirmed recently that he had been denied a promotion to Navy commander “about two weeks after” the Supreme Court sided against the White House. 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.

Dubbed the “hero of Guantanamo,” Swift reported in June 2005 that when he was first asked to represent Hamdan, he was instructed that he could negotiate only a guilty plea. He called the instructions “a clear attempt to coerce Mr. Hamdan into pleading guilty.” Refusing to back down, Swift “ended up fighting his commander in chief at the U.S. Supreme Court.”

He explained, “As an officer, I have the deepest respect for the President. But as an officer, it is also my duty to point out when an order is wrong. What protects our democracy is that we do not just follow orders blindly.”

"It was a pleasure to serve," said Swift, who added that he would defend Salim Hamdan again, even if he knew he would have to leave the Navy earlier than he wanted."All I ever wanted was to make a difference — and in that sense, I think my career and personal satisfaction has been beyond my dreams," he said.

National Law Journal had listed Swift among the nation’s top 100 lawyers. Eugene Fidell, president of the National Institute of Military Justice, argued Swift was “a no-brainer for promotion,” given his devotion to the Navy, the law, and his client. The New York Times writes, “[T]here is no denying the chilling message it sends to remaining military lawyers.”