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June was a good month for Lt. Commander Charles Swift, He won his client's case at the US Supreme Court and was named to the prestigious National Law Journal's top 100 lawyers. July? Not so much. He was basically fired.
What kind of idiot would fire such a lawyer? The US Navy. Swift had the temerity to take the case of one Salim Ahmed Hamdan, who happened to be a driver for Osama bin Laden. Of course, Swift didn't really have a choice since the Navy assigned him to the case. Initially, Swift was told the only way he would be allowed to meet with his client was if he agreed to obtain a guilty plea.
I say again: The prosecution would only let the defense lawyer meet with his client after the defense lawyer agreed to obtain a guilty plea.
Attorney Swift, however, presented Hamdan with a second option - to assert that the military tribunal in which the military planned to try Hamdan was unconstitutional. After all, the military commission did not require the presence of the defendant at the trial, did not allow the accused to see the evidence against him, and would permit the use of 'water-boarding' to coerce a confession. Thankfully, a majority of the US Supreme Court stood up for the rule of law and Hamdan 'won'.
Two weeks later the Navy told Swift he had been denied promotion. Under the military's 'up or out' system, Swift was out. He retires some time next year.
Hamdan still sits in a cell in Guantanomo. The government plans to try him under the new military tribunals approved by Congress. Unfortunately, those tribunals are little better than the ones the government cooked up without Congressional approval. The good news for Hamdan is that Swift will continue to represent him and he is confident the new tribunals will also be ruled unconstitutional.
What kind of idiot would fire such a lawyer? The US Navy. Swift had the temerity to take the case of one Salim Ahmed Hamdan, who happened to be a driver for Osama bin Laden. Of course, Swift didn't really have a choice since the Navy assigned him to the case. Initially, Swift was told the only way he would be allowed to meet with his client was if he agreed to obtain a guilty plea.
I say again: The prosecution would only let the defense lawyer meet with his client after the defense lawyer agreed to obtain a guilty plea.
Attorney Swift, however, presented Hamdan with a second option - to assert that the military tribunal in which the military planned to try Hamdan was unconstitutional. After all, the military commission did not require the presence of the defendant at the trial, did not allow the accused to see the evidence against him, and would permit the use of 'water-boarding' to coerce a confession. Thankfully, a majority of the US Supreme Court stood up for the rule of law and Hamdan 'won'.
Two weeks later the Navy told Swift he had been denied promotion. Under the military's 'up or out' system, Swift was out. He retires some time next year.
Hamdan still sits in a cell in Guantanomo. The government plans to try him under the new military tribunals approved by Congress. Unfortunately, those tribunals are little better than the ones the government cooked up without Congressional approval. The good news for Hamdan is that Swift will continue to represent him and he is confident the new tribunals will also be ruled unconstitutional.
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