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As a reward for doing his job well, for upholding and defending the Constitution and the rule of law, and for diligently representing his client, Lt. Cmdr. Charles Swift has been denied promotion by the US Navy, effectively ending his career in the military.
I just wanted to take a moment to say "Job well done, and thank you." Integrity isn't a medal that you get to pin all shiny on your chest, but it is something that Mr. Swift has in spades. And I salute him for it. Bravo.
It cannot have been easy to challenge the military tribunal system and our entire detainee process at Guantanamo and elsewhere within the context of the Bush Administration's current environment in the Pentagon, the DoJ and the assault on the rule of law -- but he did the work on the Hamdan case, and did it well, and ought to be commended for it.
When you do criminal appointments -- be it civilian or military -- you defend the case that you are given, because the Constitution requires that each and every person accused of a crime be innocent until proven guilty. And in our criminal justice system the prosecutor in the case should be required to prove the charges levied against that person, and the defendant should be given a vigorous defense to protect his or her rights under the rule of law. Period. You do not get to choose only the best defendants or the best cases -- you take them as they come, and you uphold the Constitution -- or you should stop doing defense work altogether.
Lt. Cmdr. Swift represents the best of what being a lawyer can be in his conduct in the Hamdan case, and he ought to be rewarded for it. Looks like that reward is going to come in whatever job he's given in the private sector now.
It's just too bad that in George Bush and Don Rumsfeld's Pentagon, doing your job superbly and being committed to truth and the Constitution over political expediency gets you cashiered out of the service. The Navy and the JAG corps will be the lesser for it. For shame.
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Swift!
So the Republicans have added “Swifting” to “swift boating” in their repertoire?
Another mistake. He’ll be unmuzzled once he retires. And I doubt a former JAG with a Supreme Court win on his resume will have trouble getting a new job.
It is the lawyers who will, and must, lead this nation out of the wilderness. It is the law which will exact retribution. And formulate the consequences for our folly. It is the voters who will set us on the right course. We have no one else to turn to.
The Bush administration, and those who support continuing the Iraq horror, are killing their way to the ‘truth’. Their truth.
This is a national disgrace.
Is there a Thank You Commander Swift website up already somewhere?
Everything is politics to the repugs. Everything. How sad for Swift, and us.
Is that an odd way of saying they’ve offered him a job?
You know, this is more than just about denying a military man a career for taking on the Administration. This is about effectively firing a lawyer for doing the job that THEY, IN EFFECT, ASSIGNED HIM TO FUCKING DO. In the JAG system, Swift could have just as easily been assigned to prosecute Hamdan, the fact that he was assigned the case and, in the true tradition of the military, and of the law, advocated for his client to the best of his ability AS REQUIRED BY THE CANONS OF ETHICS OF THE LEGAL PROFESSION would have, in any other world, resulted in a commendation, at the very least. To find out that he was penalized for that merely reinforces the “kangaroo court” mentality that this administration has towards the American system of justice.
Yeah I know this sounds like some boring LTE, but when it comes to my profession, I get on my high horse. too bad.
the following from the article Christy linked brings tears to my eyes:
“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.
Talk about a true hero - this many deserves the Congressional Medal of Honor!
Forced out by people who thought that Atticus Finch was the villain of To Kill a Mockingbird.
dratty @ 8
Well, yeah, that’s what the canon of ethics may say, but you can bet there was a ton of pressure on him to take a dive “for the good of the country”.
AP: Allen didn’t disclose stock options
http://news.yahoo.com/s/ap/200.....n_business
Oklahoma kiddo @ 12
Mastocka.
dratty at 9 — Amen. I am beyond appalled at his treatment on this — he did a superb job, representing a client that the Administration appointed him to represent…and this is his thanks from them. Asshats.
Dratty, no apology necessary.
But intead, they can him. This to me speaks volumes about the Bush regime. There are far fewer lawyers in this bunch than most administrations. Bush wasn’t accepted into UT Law School, and it seems he still resents lawyers because he could never be one. He has no respect for judges either, unless they’re his cronies who do his bidding. There’s an interesting item about this very topic in The Architect, the latest book on Karl Rove. I’ll go look that up.
Eli @ 14
LMAO
Good one Eli!
They want to make sure future JAG “terrorist” defenders aren’t so diligent.
TheOtherWA @ 16
You know what? I must be gettin old, because I never knew that UT Law rejected Dubya. Did they really? I am so ROFLMAO right now.
Perhaps Swift will find himself approached to defend some Bush administration official up to their wrinkled beetlebrows in malfeasance some sunny day…Oh, life’s rich irony.
;>)
me too, Siun, now bawlin’ like a baby
“It was a pleasure to serve,” said Swift, who added that he would defend Salim Hamdan again,
That, is why we were once a beacon
Yo, Oslo ! not too late to hand the Peace Prize to Alberto Mora
of course, the Ignoble Peace Prize will go to Alberto Gonsalez
That is disgraceful. He’s being punished for doing the job he was assigned to do.
One more piece of evidence that the Bush administration has no respect for the Law or Military, or the Constitution. As if we needed more.
Self-serving, self-aggrandizing incompetents. Lusting after power and lying to keep themselves in power. Crony capitalism and buddyism run rampant.
They name an aircraft carrier not after the only living one-term president and navy veteran, Annapolis grad–Jimmy Carter. But themselves. Just another BJ for a Bush.
No Medal of Freedom for a lawyer who did his job too well.
Was it only 40 years ago that a current president who in the face of an intractable war decides that rather than run again, or go around the country telling lies about the other Party?
Lyndon Johnson said he could not devote another hour to campaigning in the face of the Vietnam quagmire.
Bush — worst president ever.
motherlowman @
11
well said
motherlowman @
11
Nailed it. Thank you.
I just wanted to point out that Lt. Cdr. Swift was one of 5 military defense lawyers to receive the ACLU’s Medal of Liberty last year:
http://www.aclu.org/about/even.....50722.html
I would like to thank Lt-Cmdr Swift for his service to the Constitution he swore to serve.
Nicole Belle at Crooksandliars quotes an early American terrorist today:
“Nice career ya got there. Be a real shame if somethin was to happen to it…”
pg 231 of The Architect, about Harriet Miers-
This shows a complete lack of respect for the rule of law. Thank God she didn’t make it on the court.
Oklahoma kiddo @ 13
I’d heard rumors there was more coming down the pike on Allen, including financial misdeeds, though I can’t remember where. Couldn’t happen to a nicer guy…
darkblack @
20
I’d rather see him as their dogged prosecutor, a la Fitz.
Sometimes being able to hold your head high and look at yourself in the mirror is the only reward for doing the right thing. If it was easy, it wouldn’t be bravery.
I hope the people that are responsible for this end up in a McNamara-style orgy of self-recrimination for the remainders of their lives after they retire. Wouldn’t hold my breath, though.
Doc @ 32
“What went wrong? How did we get caught?”
Rove throws Ralston overboard. Swift: business as usual. This Bush gang is ruthless. And scared. And a criminal cornered. Is dangerous.
VJB @ 27
But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security.
As some bloke said, a long time ago.
As a Tar Heel, I’m proud to say that Swift is a native of southwestern NC…….he represents the BEST ideals of our state.
And let’s hope the stock news will be the final nail in Allen’s coffin.
God bless you Lt. Cmndr. Swift! Sometimes we have to endure hardship to learn what God has in store for you. Mr. Swift, expect great things. You sir are a GREAT patriot, and an even better human being. What an inspiration!
Peace, and most of all Love!
SPOTLIGHT SPOTLIGHT SPOTLIGHT !!!!!
Just sent one to Cafferty - seems right up his alley
http://www.cnn.com/feedback/forms/form5.html?65
but c’mon kidz, SPOTLIGHT SPOTLIGHT SPOTLIGHT !!!
it only takes a minute and could wind up doing this Patriot some good !
Here’s one reference to Bush’s rejection by UT Law School. I swear someone posted the letter itself, but I can’t find it right now.
Frontline-Bush biography.
TheOtherWA @
16
Of course they canned him. Haven’t you been paying attention? Bush only rewards people who fail.
We can deduce a few things from Swift’s up-or-out departure from the military.
First, that the military obviously has no desire to keep attorneys of the highest calibre within its ranks — suggesting that the military is placing itself in a weakened position.
Second, that persons of rank responsible for pushing Swift out may have done so not for the obvious reasons; if you were an officer who believed that your military was failing to serve its country honorably and needed a comeuppance, AND your military really had no satisfactory method available to reward exceptional performance like Swift’s, what would you do?
Although I am saddened that you will no longer serve us within the ranks of the Armed Services, I extend my heartfelt thanks and congratulations on your liberation, Lt. Cmdr. Smith; I hope you are amply rewarded with both a challenging and rewarding opportunity with a fine law firm, and an opportunity to speak out on anything and everything that you felt needs to be changed in the military.
I hope Swift writes a book about the Hamden defense. Then Jane can invite him for book salon at FDL.
Eli @ 31
IANAL, but I would suspect implying prejudice or a taint of some other type would be the ploy used to derail that…Although one cannot deny Swift’s credentials.
For me, I’d find it amusing to see CHS in one of those slots…The daily fresh underwear per diem for the defense would be astronomical.
;>)
wouldn’t hurt to ask this guy just how in the hell this could happen to a Navy Man
http://www.senate.gov/~warner/.....tactme.cfm
and that other Secty of the Navy should be informed as well -
http://webb.bluestatedigital.com/page/s/contact
I’d like to be able to see Swift receive the next Profiles in Courage award and receive it from Mora.
But it shows how horribly broken the whole system has become. They gave him one of the “worst” cases (from a defense standpoint) and if he had gone up on one of the bounty hunter cases instead it would have been that much more shocking.
TheOtherWA - despite all you hear about them, large firms (and even some smaller) will often underwrite the expenses of probono representation and that is how I read the reference. Swift had support and backing from some civilian lawyers working pro bono as well.
Another name to watch from GITMO is Vokey- he has been fighting and fighting tough on his case. He’s probably not going to be winning any commendations either.
OTOH, everyone at DOJ involved with the kidnap and torture of Arar and subsequent state secrets cover up and post release smear efforts has a pretty cushy job these days.
Oklahoma kiddo #13 — you know what’s the most disgusting part about the latest Allen fiasco over the stock options?
Allen’s an attorney.
He’s supposed to know far better than this.
Compare Allen to Swift. Ugh.
Why did they fire this guy? He would no longer have an option of defending innocent or guilty victims of torture, illegal renditions etc. That sort of riff raff is no longer eligible for protection under our new S.3930.
Just another kick them while they are down routine by Bushco. They really try not to miss anyone. I wonder who maintains the hit list in this cabal.
This question hit me last night and I am going to toss it back into the cyber conscience fwiw. Seeing the bahavior in this post reminds me of it.
Can anyone imagine Bush saying “Wait, don’t torture that (woman, child) man.”
I certainly can’t imagine it. There is probably a waiting list for those who want to watch torture sessions and get into effective torture classes.
What happened to the Gitmo Red Cross inspections last week, were they cancelled?
Eureka @ 47 - he predicted it would happen once the decision came out. The excuse they have used is that he is not as well rounded since he’s committed so much time to litigation.
OTOH, the recommendations for Haynes to go onto the 4th Circuit mentioned what a nice job he does with his torture paperwork.
On the bench is where someone like Swift should be - or in Hayne’s slot.
TheOtherWA @
29
One has to assume though that those who made it agreed.
Mary #48 — I agree entirely, that someone of Swift’s capabilities should ascend to the bench, but will Swift be able to get to the bench without some time under his belt in private sector?
This is where Dems and progressives need to do more work, thinking out a long-term strategy for improving the judiciary. We need to ID candidates earlier, ensure they get direction as they mature and then develop the ground game to get them seated.
Mary - So nice to see you.
Wouldn’t Swift and many others leave DOD, JAG and others with this new law and wont there be much smaller caseload?
Mary, thanks for the explanation on the pro bono work.
VJB @ 27
“When fascism comes to America, it will be wrapped in the flag and carrying the cross.” - Sinclair Lewis
TheOtherWA @
29
Mafia mentality.
I read Raynes point and wonder if we will even need military judges anymore. partial snark
Actually, Lt Commander Swift had been passed over more than once for him to be forced out at 20 - at least twice, and probably several times. He was not forced out because of his defense of Hamdan. On the other hand, this shows the shortfalls of the promotion system (and the up or out syystem). Also it highlights the fact that the Navy assigned an officer that was not likely to be promoted to defend Hamdan. That he did his job so professinally reflects well upon himself. As a former Marine judge advocate, I feel that the vast majority of Navy or Marine JAGs would done a professional job of defending Hamdan. Look at the job the other JAGs have done in blowing up the Government’s case against the detainees.
Fair winds and following sea to Commander Swift. He will do ok.
from Esquire article -
Jack Fucking Armstrong
Great Spotlight material.
Spelling police:
“It cannot have been easy to challenge the military tribunal system and our entire detainee process at Guantanimo”
Guantanamo
The dedicated and professional officers like LTCDR Swift, who are having their careers stalled or ended by the Rumsfeld machine, constitute only one-half of the problem.
The other half of the problem is that toadies and incompetents and evangelical nutbars in the ranks of the officer corps are both being retained, and rising in rank, in wholly disproportionate numbers relative to the historical trend.
The long-term internal damage to the US military will ultimately, I wager, be seen as profound by historians.
What’s really alarming is the rise of millennial fundamentalism in the upper ranks of the Air Force. If Bush pops a cocaine-weakened cerebral artery, becomes behaviorally unstable, and blurts out that he wants to go nuclear and bomb the Iranians flat, those officers are the last bulwark who might reject the order. Or execute it without question. My money is on the latter.
–
New poll out from Newseek shows GW Clusterfuck at 33% JAR- an all time low from Newsweek. Everything else in the poll is dreadful for goopers. Clusterfuck is not making the mistake of peaking too soon.
Oofda - welcome to the Lake !
oofda, huh ? have you met our Norske*g*
The lack of honor in the Bush administration has infected the Navy.
Christy Hardin Smith @
15
Clearly a warning to others still serving who might be similarly inclined, just like with the Wilsons.
Titanyum @ 42
I really hope LCDR Swift does write about the inside story on the Gitmo detainees. His being forced out of the Navy will actually allow him to lay the full story down for all of us. That’s the positive I’m seeing in this story.
and blurts out that he wants to go nuclear and bomb the Iranians flat
Ahem.
“Nucular”.
I’d also like to say thank you to Lt.Cmdr Swift.
busy here with some work but just took a few minutes to read the following - I cannot recommend it highly enough:
http://news.independent.co.uk/.....814843.ece
If you have not yet read Fisk’s books on the Middle East, consider doing so - they are the only sources I know that truly explain what is going on and this column is like a summation of his important work - go read please.
Christy:
Thought of you with your little Peanut when I heard this during a long drive last Friday
You are my little bird
http://www.npr.org/templates/story/story .php?storyId=6210683
Oofda @ 56
I absolutely agree about Lt Cmdr Swift and the vast majority . . .
And then there’s Senator Lindsey Graham, the (former?) JAG who attempted to perpetrate a fraud on the Supremes.
E.S. @ 47:
I always thought that the ways and means of this administration had a perverse component.
TeddySanFran @ 63
Toe the Repug line or you are Toast…. doesn’t matter if it is Military, Congress or Federal workers, Ambassadors…….
Yes, how do we thank LCDR Swift?
katymine @ 71
My new name - Winston Smith
Rayne @ 46
You, obviously know the score. Allen did not. And does not. We play, we pay. As the saying goes. Allen will lose. Such a quaint little notion. Taking an oath to uphold the law. And then, of all things, being expected to take it seriously.
beth meacham @ 22
In BushWorld, you fall to your level of competence. Damn it.
Interesting front pager on NYT (paper) on Rumsfeld allowing Army to directly appeal budget to WH. Apparently unprecendented.
Finally a full fledged rebellion that Rummy can’t stem?
Link
more on Lt Cmdr Swift
quick one pager - on him not only challenging the 6 member military commission, but the Presiding member himself
http://www.cooperativeresearch.....rles_swift
Eureka Springs, AR @ 72
For starters, by recognizing that it’s an authentic patriot who serves his country with integrity and respect for the rule of law, even when his country doesn’t want to be served that way. Worth noting, because the next 31 days will se a whole bunch of inauthentic patriotism.
Swift for AG - PLEASE!!
OT, but while we’re talking about senators and stock disclosures, what’s up with Frist and the SEC investigation? Shouldn’t that be wrapping up pretty soon?
TheOtherWA @ 80
Mid-November, prolly.
TheOtherWA @ 80
{/shorter}How long does it take the FCC to skin a cat?
windje.
thanks for NYT link - 2 page article fails to mention Army Chief of Staff taking the unprecedented step of publicly refusing to sign Army 08 budget - article makes it sound like Brass simply convinced him with so called metrics - this is a good thing (though god only knows what Rumsfeld has in mind)this will encourage others to do the same
Eureka Springs, AR @ 82
Careful there. You know how Frist gets when he’s anxious.
From the movie Rob Roy:
Lt. Cmdr. Swift is an honourable man - a rare and precious commodity these days. Thank you for your service to our country and her Constitution.
Eli @ 81
Chris Cox, a former GOP Congressman, is head of the SEC. I’ve never heard anything positive about him and I’ve heard a lot of bad.
Eli, LMAO at “Mastocka”
General Shinsecki (sp) spoke the truth also and look what happened to him.
These guys wouldn’t know truth and honesty if it hit them up along side the head!
There are honest people, they just do not fit into the picture of this administration.
Well done Lt. Commander Swift, you are another beacon in a sea of darkness.
The Navy has a term for “well done.” It comes from the time before ships had signal lamps or radio. When within sight of each other ships used, and still use, signal flags to communicate. Each flag represents either a letter or a number. Their arrangement on a halyard sends the message. It is quite a thrill to see the flag for “B” above the flag for “Z” flown from the commodore’s flagship.
Bravo Zulu, LCDR Swift. You have acted in the finest traditions of the Navy and reflect the honour and integrity expected of all members of the service.
Even though we know that LCDR Swift’s career in the Navy is over, technically he would have to be “passed over” (Navy jargon for an officer not being promoted) twice before he would be forced to leave the service. Not many wait around for the second one.
I sure hope LCDR Swift joins the ACLU cuz I’d sure like to have a good attorney if I ever get arrested at one of these pesky peace rallies the wingnuts get so excited about.
“We will not be silent. We are your bad conscience. The White Rose will give you no peace.” From Leaflet #4, White Rose non-violent resistance movement, Munich, 1942-43.
Speaker Hastert’s been dis-invited to GOP Rep John Sweeney’s fundraiser in NYC with Mayor Bloomberg:
http://www.suntimes.com/news/s.....s1.article
Please click on reporter Lynn Sweet’s name at the top of this article, like I did, to send an email reminding that, YES, Denny has an opponent, John Laesch. How can voters in the district be expected to know about their choice this fall unless the press reports the facts?
Eureka Springs, AR @
47
Bush is the man who mocked a woman on death row with a falsetto, “Don’t kill me, please!”
Siun @ 67
Thanks, Siun. I’ve bookmarked this for reading later. Thanksgiving weekend here, and I thought I’d indulge in a couple of days of denial.
So what I am thinking about is the mushroom soup I’m making for today’s feast - criminis, Shiitakis, chanterelles, shallots, carrots, celery, smoked paprika, fresh dill, cream, and a topping of smoked goldeye. (sorry for the OT food-talk on a not-Saturday, but I am thinking that this soup might make it past delicious into profound.)
Darkblack @20,
Perhaps Swift will find himself approached to defend some Bush administration official up to their wrinkled beetlebrows in malfeasance some sunny day…Oh, life’s rich irony.
They should be so lucky. I’m sure he would give his clients one hell of a defense, whether they are worthy of it or not. That’s what those of us who take the ethics of our profession seriously do.
I can imagine Jonathan Swift as an adviser to this administration offering to Bush, Cheney, Rumsfeld, Hastert, et al, his sage words, “A man should never be ashamed to own that he has been in the wrong, which is but saying that he is wiser today than yesterday,” and being immediately fired for it.
Whether by swiftboating or Swift-booting, the Republicans–the fascists–will absolutely always oust, smear or silence absolutely anyone for absolutely any opposition to their absolute power.
Cmdr Swift took, and never forgot he took, an oath to defend the Constitution against all enemies foreign and domestic.
Bravo Zulu, Cmdr Swift
Karmageddon will be Mr. Swift prosecuting the warmongers in the very near future.
Fern - what a luscious sounding soup! let us know how it comes out!
thinking I’m hungry now…
Fern @ 91
Oh Fern, Sounds wonderful! Sounds like a dash of sherry might be an excellent touch. What is goldeye? (sounds fishy) *g* Happy Thanksgiving
Lt. Comdr. Swift is the rarest of men. He has a commitment to honoring his oath and providing his best service to both the military and the law. The character traits he imbues are not wanted by this administration and that should be worrisome to this nation. As has been pointed out before, when torture is institutionalized, it attracts the worst of society and loses the best. It appears that the administration is unwilling to let this phenomenon take its natural course but is hastening the decline of the caliber of those who serve. What is lost to the Navy, is retained by the nation. This man is a credit to the foundation of our nation’s guiding principles. So long as there are men like him, we have reason to hope that justice will ultimately prevail.
Eureka Springs - bingo - sherry it is. And yes, goldeye is fish - I’d never had it before, and wow, is it good - but kind of a local thing.
Navy brass is typically very spineless about standing up to civilian political pressure…
I’m not at all surprised and I’m guessing CMDR Swift is not either.
Oh jeez, apologies for being such an idiot.
I logged on just a few minutes ago and was immediately drawn into THIS thread, and commenting here.
Of course y’all saw the Time Magazine cover, as it’s just a couple threads down. Didn’t see it till just now.
{{{backing away slowly, red-faced}}}
Even more stupid — last comment was posted to wrong thread!
Yikes — need more coffee!
My understanding is that G. W. Bush applied to the Univ of Texas School of Law and, apparently, did not meet the entrance requirements. For those familiar with anonymous law school tests, it is probably good that he did not get in. I seriously doubt he could have made the 2.0 GPA required to be invited back for the second year.
Let’s face it, anyone, you, me, even GWB can get a graduate degree if you have the right connections, so GWB graduating from Harvard Business is no big deal.
I hope the next adminstration hires Swift to work in the Attorney Generals’ office so he can put Cheney and Yoo and Gonzales and Bush before a court in handcuffs and orange jumpsuits and convict their sorry asses for human rights violations. Wouldn’t that be a beautiful thing?
Chief @ 103
If you have never read about Bush at Harvard Business School, written by one of his profs, check this link.
Link
Thank you Charlie.
You did what was right; you did your DUTY as an officer. Now, get out there into the civilian world, do your duty as a CIVILIAN.
You’re not done serving your fellow Americans, and I suspect that you know that very well. The only difference is that now, you can make some REAL money doing it!
I wish you all the best in the future, but I don’t think you’ll need any help from me.
KICK ASS!!
In Bushworld, smearing, caving in, and spewing the daily talking points (no matter how egregious) are rewarded. Integrity, truth telling and upholding the Constitution get you smeared, end your career and get you tossed out on your can. Why would anybody with any integrity want to be part of the GOP?
Thomas Paine, The Crisis — December 1776
Thanks, Lt. Commander Swift
I think the term “chilling effect” comes into play here. No JAG lawyer will dare go against BushCo now, much to our loss.