2006: Charlie Swift's War: Detainees' Military Lawyer Forced Out of Service
Detainees at Guantanamo Bay
Detainees' Military Lawyer Forced Out of Service
OCTOBER 12, 2006 4:00 PM ET
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Nina Totenberg at NPR headquarters in Washington, D.C., May 21, 2019. (photo by Allison Shelley)
Nina Totenberg
The Navy lawyer who successfully challenged the Bush administration's military tribunal system at Guantanamo Bay is retiring. Lt. Cmdr. Charlie Swift is being forced to leave the service after being passed over for a promotion. But Swift insists that he is not the victim of retaliation.
In May of 2003, Swift was assigned to represent Yemeni citizen Salim Hamdan, who had been Osama bin Laden's driver. Swift was told that his task was to plead Hamdan guilty to war-crimes charges. He decided that was unethical, and instead went to court to challenge the system.
For three years, Swift has been the public face of the opposition to the tribunal system. Wearing his military dress uniform, he has testified before Congress, argued in court, and pleaded his case before banks of media microphones.
"I brought this suit because I had a client who was sitting in solitary confinement, going slowly insane, and every request I had made for relief had fallen on deaf ears," Swift told reporters at the time.
In June, Swift and the appellate team he helped to assemble won in the U.S. Supreme Court. Two weeks later, he was notified that he had been passed over for promotion. And under the Navy's "up or out" policy, he would have to retire when he reached 20 years of service, which will be next spring.
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