Charles Swift
Encyclopedia
Charles D. Swift is a former Lieutenant Commander (LCDR)
in the U.S. Navy
, Judge Advocate General's Corps
and Visiting Associate Professor of Law at Emory University School of Law
. During the course of his Navy career, he was assigned to the Department of Defense Office of Military Commissions. He is most famous for having served as defense counsel for Salim Ahmed Hamdan
. Hamdan, a former driver for Osama bin Laden
captured during the invasion of Afghanistan
, was charged in July 2004 with conspiracy to commit terrorism. As Hamdan's legal counsel, Swift, together with the Seattle law firm of Perkins Coie
and Georgetown Law Professor Neal Katyal
, appealed Hamdan's writ of habeas corpus petition to the U. S. Supreme Court. In Hamdan v. Rumsfeld
, 548 U.S. 557, 126 S.Ct. 2749 (2006), the justices ultimately held that the military commission to try Salim Hamdan was illegal and violated the Geneva Conventions
as well as the United States Uniform Code of Military Justice
(UCMJ). Ultimately, Swift was passed over (the second time) for promotion and as a result had to retire under the military's "up or out" promotion system which mandates retirement for officers passed over twice. Swift stated he learned of being passed over two weeks after the Supreme Court decided in Hamdan's favor, a timing Swift's supervisor called "quite a coincidence." Other commentators such as the New York Times and Vanity Fair reported that the timing was not a coincidence, suggesting it was politically motivated; a charge that
Deputy Judge Advocate General Charles J. Dunlap Jr. later said was without evidence.
. Following his graduation from the U.S. Naval Academy in 1984, Swift served in a variety of surface warfare billets as described in the below table. In 1991, he left active service to attend Seattle University School of Law, where he graduated cum laude. Resuming active service in 1994, he affiliated with the navy’s Judge Advocate General's Corps (1994–present). In 1999, LCDR Swift received a Master of Law Degree in litigation with high honors from the Temple University Beasley School of Law
through a scholarship from the U.S Navy Judge Advocate General. A comprehensive biography can be found here (website for the Association of Graduates of the United States Military Academy
, different from LCDR Swift's commissioning source). 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.
Summary of LCDR
Swift's assignments:
. In December 2005 he was chosen as runner-up Lawyer of the Year by the National Law Journal for his challenge to the Guantanamo
review tribunals
.
In December 2005 Swift and Lieutenant Colonel
Sharon Shaffer were awarded the Joe A. Callaway Award for Civic Courage
.
In June 2006, the National Law Journal also named Swift as one of "The 100 most influential lawyers in America."
LCDR
Swift's decorations and medals include:
A book-length treatment of Swift and the case was published in 2008 called The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power (ISBN 978-0374223205) by Jonathan Mahler.
Lieutenant Commander
Lieutenant Commander is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander...
in the U.S. Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
, Judge Advocate General's Corps
Judge Advocate General's Corps, U.S. Navy
The Judge Advocate General's Corps also known as the "JAG Corps" or "JAG" is the legal arm of the United States Navy. Today, the corps consists of a worldwide organization of more than 730 Judge Advocates, 30 limited duty officers , 500 enlisted members and nearly 275 civilian personnel, serving...
and Visiting Associate Professor of Law at Emory University School of Law
Emory University School of Law
Emory University School of Law is a first-tier US law school that is part of Emory University in Atlanta, Georgia. It is ranked #30 among ABA-approved law schools by the 2012 U.S. News & World Report...
. During the course of his Navy career, he was assigned to the Department of Defense Office of Military Commissions. He is most famous for having served as defense counsel for Salim Ahmed Hamdan
Salim Ahmed Hamdan
Salim Ahmed Hamdan is a Yemeni man, captured during the invasion of Afghanistan, and imprisoned at Guantanamo Bay. He admits to being Osama bin Laden's personal driver claiming he needed the $200 monthly salary that came with the job....
. Hamdan, a former driver for Osama bin Laden
Osama bin Laden
Osama bin Mohammed bin Awad bin Laden was the founder of the militant Islamist organization Al-Qaeda, the jihadist organization responsible for the September 11 attacks on the United States and numerous other mass-casualty attacks against civilian and military targets...
captured during the invasion of Afghanistan
War in Afghanistan (2001–present)
The War in Afghanistan began on October 7, 2001, as the armed forces of the United States of America, the United Kingdom, Australia, and the Afghan United Front launched Operation Enduring Freedom...
, was charged in July 2004 with conspiracy to commit terrorism. As Hamdan's legal counsel, Swift, together with the Seattle law firm of Perkins Coie
Perkins Coie
Perkins Coie is an international law firm based in Seattle, Washington. It has been listed on the Fortune Magazine "100 Best Places to Work in America" for the past nine years. It is noted for its intellectual property, Labor and Employment, and Products Liability practice groups, and for its...
and Georgetown Law Professor Neal Katyal
Neal Katyal
Neal Kumar Katyal is an American lawyer and chaired professor of law. He served as Acting Solicitor General of the United States from May 2010 until June 2011. As Acting Solicitor General, Katyal succeeded Elena Kagan, who was President Barack Obama's choice to replace the retiring Associate...
, appealed Hamdan's writ of habeas corpus petition to the U. S. Supreme Court. In Hamdan v. Rumsfeld
Hamdan v. Rumsfeld
Hamdan v. Rumsfeld, 548 U.S. 557 , is a case in which the Supreme Court of the United States held that military commissions set up by the Bush administration to try detainees at Guantanamo Bay lack "the power to proceed because its structures and procedures violate both the Uniform Code of Military...
, 548 U.S. 557, 126 S.Ct. 2749 (2006), the justices ultimately held that the military commission to try Salim Hamdan was illegal and violated the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
as well as the United States Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
(UCMJ). Ultimately, Swift was passed over (the second time) for promotion and as a result had to retire under the military's "up or out" promotion system which mandates retirement for officers passed over twice. Swift stated he learned of being passed over two weeks after the Supreme Court decided in Hamdan's favor, a timing Swift's supervisor called "quite a coincidence." Other commentators such as the New York Times and Vanity Fair reported that the timing was not a coincidence, suggesting it was politically motivated; a charge that
Deputy Judge Advocate General Charles J. Dunlap Jr. later said was without evidence.
Background
Born in 1961, Charles Swift is a native of Franklin, North CarolinaFranklin, North Carolina
Franklin is a town in Franklin Township, Macon County, North Carolina, United States, within the Nantahala National Forest. The population was 3,490 as of the 2000 census. It is the county seat of Macon County. Franklin is an official Appalachian Trail friendly destination...
. Following his graduation from the U.S. Naval Academy in 1984, Swift served in a variety of surface warfare billets as described in the below table. In 1991, he left active service to attend Seattle University School of Law, where he graduated cum laude. Resuming active service in 1994, he affiliated with the navy’s Judge Advocate General's Corps (1994–present). In 1999, LCDR Swift received a Master of Law Degree in litigation with high honors from the Temple University Beasley School of Law
Temple University Beasley School of Law
The Temple University James E. Beasley School of Law is the law school and a constituent academic unit of Temple University. Informally referred to as Temple Law School, the school is located at the Main Campus of Temple University in Philadelphia, Pennsylvania. The Temple University James E...
through a scholarship from the U.S Navy Judge Advocate General. A comprehensive biography can be found here (website for the Association of Graduates of the United States Military Academy
United States Military Academy
The United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
, different from LCDR Swift's commissioning source). From fall 2007 to spring 2008, Swift taught at Emory Law
Emory University School of Law
Emory University School of Law is a first-tier US law school that is part of Emory University in Atlanta, Georgia. It is ranked #30 among ABA-approved law schools by the 2012 U.S. News & World Report...
School as a Visiting Associate Professor and Acting Director of its newly established International Humanitarian Law Clinic.
Summary of LCDR
Lieutenant Commander
Lieutenant Commander is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander...
Swift's assignments:
| Years | | Assignments |
|---|---|
| 1985–1987 | USS Niagara Falls (AFS-3) USS Niagara Falls (AFS-3) USS Niagara Falls , a , was the only ship of the United States Navy to be named after the City of Niagara Falls, New York. Commissioned into the US Navy on 29 April 1967, she served until September 1994, when she was transferred to the US Military Sealift Command to serve as USNS Niagara Falls ... , Agana, Guam: Damage Control Assistant |
| 1988–1990 | USS Rathburne (FF-1057) Knox class frigate Knox class frigates were United States Navy warships, originally laid down as ocean escorts , but were all redesignated as frigates on 30 June 1975 in the USN 1975 ship reclassification and their hull designation changed from DE to FF.A sub-class of the Knox class was built, commonly referred to as... , Pearl Harbor, Hawaii: Navigator |
| 1990–1991 | Surface Warfare Department Head School, Newport, Rhode Island: Assistant for International Training |
| 1995–1997 | Naval Legal Service Office Northwest |
| 1997–2000 | Naval Station Roosevelt Roads, Puerto Rico |
| 2000–2003 | Naval Legal Service Detachment, Mayport, FL |
| 2003–2005 | Office of Military Commissions; The US Navy lawyer who successfully represented the plaintiff Guantanamo detainee in Hamdan v. Rumsfeld and took his case all the way to the US Supreme Court had not been selected a promotion and 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. |
Accolades
Swift was the subject of a brief biographical article in the December 2004 issue of EsquireEsquire (magazine)
Esquire is a men's magazine, published in the U.S. by the Hearst Corporation. Founded in 1932, it flourished during the Great Depression under the guidance of founder and editor Arnold Gingrich.-History:...
. In December 2005 he was chosen as runner-up Lawyer of the Year by the National Law Journal for his challenge to the Guantanamo
Guantanamo Bay detainment camp
The Guantanamo Bay detention camp is a detainment and interrogation facility of the United States located within Guantanamo Bay Naval Base, Cuba. The facility was established in 2002 by the Bush Administration to hold detainees from the war in Afghanistan and later Iraq...
review tribunals
Combatant Status Review Tribunal
The Combatant Status Review Tribunals were a set of tribunals for confirming whether detainees held by the United States at the Guantanamo Bay detention camp had been correctly designated as "enemy combatants". The CSRTs were established July 7, 2004 by order of U.S. Deputy Secretary of Defense...
.
In December 2005 Swift and Lieutenant Colonel
Lieutenant colonel
Lieutenant colonel is a rank of commissioned officer in the armies and most marine forces and some air forces of the world, typically ranking above a major and below a colonel. The rank of lieutenant colonel is often shortened to simply "colonel" in conversation and in unofficial correspondence...
Sharon Shaffer were awarded the Joe A. Callaway Award for Civic Courage
Joe A. Callaway Award for Civic Courage
The Joe A. Callaway Award for Civic Courage is presented annually by The Shafeek Nader Trust for the Community Interest. The Callaway Award "recognizes individuals who take a public stance to advance truth and justice, at some personal risk"...
.
In June 2006, the National Law Journal also named Swift as one of "The 100 most influential lawyers in America."
LCDR
Lieutenant Commander
Lieutenant Commander is a commissioned officer rank in many navies. The rank is superior to a lieutenant and subordinate to a commander...
Swift's decorations and medals include:
- Surface Warfare BadgeSurface Warfare BadgeThe Surface Warfare Insignia is a military badge of the United States Navy which is issued to those Naval personnel who are trained and qualified to perform duties aboard United States surface warships. The Surface Warfare Pin was first proposed in 1972 and, by 1980, several classes of the Surface...
- Navy Commendation Medal (2 awards)
- Navy Achievement Medal (6 awards)
- Navy Expeditionary MedalNavy Expeditionary MedalThe Navy Expeditionary Medal is an award of the United States Navy which was first created in August 1936 by General Orders of the Department of the Navy...
- Humanitarian Service MedalHumanitarian Service MedalThe Humanitarian Service Medal is a military service medal of the United States armed forces which was created on January 19, 1977 by President Gerald Ford under...
- Sea Service RibbonSea Service RibbonA Sea Service Ribbon is an award of the United States Navy, United States Coast Guard and the United States Army which recognizes those service members who have performed military duty while stationed on a vessel at sea....
(4 awards)
A book-length treatment of Swift and the case was published in 2008 called The Challenge: Hamdan v. Rumsfeld and the Fight Over Presidential Power (ISBN 978-0374223205) by Jonathan Mahler.
External links
- Navy Lawyer Charles Swift Battles Bush in Guantanamo Bay Case, Bloomberg.com, March 2006
- Testimony of Lieutenant Commander Charles D. Swift, U.S. Senate Judiciary CommitteeUnited States Senate Committee on the JudiciaryThe United States Senate Committee on the Judiciary is a standing committee of the United States Senate, of the United States Congress. The Judiciary Committee, with 18 members, is charged with conducting hearings prior to the Senate votes on confirmation of federal judges nominated by the...
, June 2005 - "Marine Corps Issues Gag Order in Detainee Abuse Case". Article about a legal team representing a different detainee (Omar Khadr) at Guantanamo, by Carol J. Williams, Los Angeles TimesLos Angeles TimesThe Los Angeles Times is a daily newspaper published in Los Angeles, California, since 1881. It was the second-largest metropolitan newspaper in circulation in the United States in 2008 and the fourth most widely distributed newspaper in the country....
, October 15, 2006, accessed on October 31, 2006. - Eroding detainees rights. Nat Hentoff, The Washington TimesThe Washington TimesThe Washington Times is a daily broadsheet newspaper published in Washington, D.C., the capital of the United States. It was founded in 1982 by Unification Church founder Sun Myung Moon, and until 2010 was owned by News World Communications, an international media conglomerate associated with the...
, October 30, 2006, accessed on October 31, 2006. - FY07 Navy Line O5 Board
- Jonathan Mahler: The Challenge, Authors@Google video lecture (45 min). September 26, 2008