Think Progress

‘Hero Of Guantanamo’ Passed Up For Promotion, Sending Chilling Message Through Pentagon

Lt. Commander Charles Swift, 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, will be “passed over for promotion by the Pentagon and must soon leave the military.” 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.

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.

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.”

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57 Responses to “‘Hero Of Guantanamo’ Passed Up For Promotion, Sending Chilling Message Through Pentagon”

  1. Jay Randal says:

    The Bush Regime and Rumsfeld’s Pentagon punish good people and promote only ass kissing scum > sad but true!


  2. Robert says:

    The Oath an officer takes when they join the miliary:
    I (insert name), having been appointed a (insert rank) in the (U.S. Army/Marines/Navy/Air Force/Coast Guard) under the conditions indicated in this document, do accept such appointment and do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter, so help me God.

    I don’t see anything in there about defending George W. Bush’s inept policies.


  3. aguafiero says:

    Stay in touch, Mr.Swift, we’ll have plenty of employment opportunities available to men of your calibre soon…………


  4. Gung ho says:

    Yet another step toward a military that has abused and exiled its best officers and enlisted personnel.

    Imagine what sort of a military is now taking shape.


  5. Badmoodman says:

    Swiftboating takes on a whole new meaning.


  6. big papa says:

    I sincerely hope and pray that the american voters come to their senses in November ‘06 and ‘08…

    …the Republican Party and conservatives in general need to be neutralized in this country…

    …and the heroes in our military like General Sinseki, Lt Commander Swift , and the soldier who broke the Abu Ghraib scandal can be reinstated…

    …or at least properly honored…

    …and their tormentors DISGRACED and rendered politically inert…

    …America is caught in a bizarre and twisted alternate universe…

    …where what’s good is bad and vice versa…

    …the Bushites and their supporters…

    …your family members, friends, neighbors, and associates…

    …are DESTROYING our society…

    …Stand UP AMERICA and make conservatism what it is…

    …a gutter ideology…

    …and conservatives what they are…

    …gutter RATS and TRAITORS!


  7. James says:

    Congress can still get involved in this.

    Congress formally approves all of the Pentagon’s requests for officers’ promotions. No one is promoted without the approval of the Legislative body.


  8. RUCerious says:

    Read this in last Sunday paper.
    This guy is a hero.
    The Pettygon looks pretty damn stupid doing this.
    He’s a freakin advocate, that’s his job. He did such a good job at his job that he gets kicked to the curb.
    Doesn’t even need a boat to get swiftboated.


  9. miteny says:

    2000 Euros for you if you’re not convinced by God’s existence in less than 15 minutes!!
    dieuexiste.com


  10. ForTruth says:

    No one is promoted without the approval of the Legislative body.

    Chimpy seems to find ways around this, as he loves to follow all the laws.


  11. JesusChrist_GodOfWAR says:

    I wonder when the military will have had it’s fill of BushCo and the ReichWing?

    I’m sure if they feel pushed beyond the edge that the military is quite capable of pulling off a coup as a way to drive all the political wackjobs out of town.


  12. ForTruth says:

    So whats become of all these good people that have been run off, chased away, and generally given the boot. Are they forming a new government ready to take over? I wish.


  13. RUCerious says:

    JCGW
    Having spent 2 years, 8 months in the Army, you don’t want those jackasses running the country.
    Howza bout blaring Reveille at 4:30 every morning from the town square.
    Fall out for calisthentics, and drop and gimme 50 for being the last into formation.
    No thanks.


  14. Robert says:

    James,

    I think the Senate only gets involved with General Officer promotions

    http://usmilitary.about.com/od/promotions/l/blofficerprom.htm


  15. JesusChrist_GodOfWAR says:

    Further, Emperor Bush’s non-action with regards to N.Korea will stress the military beyond it’s current capacity to respond.

    So what happens? N.Korea threatens war!

    By HANS GREIMEL, Associated Press Writer 2 hours, 18 minutes ago

    SEOUL, South Korea -
    North Korea stoked regional tensions Wednesday, threatening more nuclear tests and saying additional sanctions imposed on it would be considered an act of war, as nervous neighbors raced to bolster defenses and punish Pyongyang.
    ADVERTISEMENT

    South Korea said it was making sure its troops were prepared for atomic warfare, and Japan imposed new economic sanctions to hit the economic lifeline of the communist nation’s 1 million-member military, the world’s fifth-largest.

    North Korea, in its first formal statement since Monday’s claimed atomic bomb test, hailed the blast as a success and said attempts by the outside world to penalize North Korea with sanctions would be considered an act of war

    Heck of a job, Bushy! Heck of a job!!!

    The military has GOT to be as angry as a hornets nest over all the global bungling that the Frat Boy Emperor and his Henchmen have perpetrated.


  16. OB/GYN+Guy says:

    This is a twitch on the Habeas Corpus Boner Meter…


  17. NoMoreBush says:

    LOL. To 100 lawyers, HUUUUUGE and much publicized Supreme Court victory on his resume — he’ll have no trouble finding a job — paying more than 10 times what he was making as a Pentagon lawyer and/or he can cut a book deal.

    President Liar and his Pentagon cronies likely did this guy a huge favor, and I love it : he took the high road in DEFENDING the Constitution and that, by doing so, he used them to further his career!!!


  18. katy says:

    W O W …
    i sure hope TP is listening to this press CONference…

    the president is a complete TOOL … it is so obvious the he is parrotting his words via a hidden microphone…

    and he keeps lying… this will be a gold mine of quotes and postures…


  19. DallasNE says:

    No wonder Iraq is a disaster. Gen. Shinsecki was washed out of the military in the same fashion as Swift after butting heads with Rumsfeld. But Gen. Tommy Franks saw what was going on so he toed the line and look at the mess that got us into.

    More Generals must be like Shinsecki and Swift and put their professionalism above their career and suffer the consequences. Those two can certainly hold their heads high. Can the same be said for Franks, with the blood of over 2,700 dead Americans on his hands in large measure because he was a yes man. I think not.


  20. Alan says:

    I agree with NoMoreBsh — they did this guy a favor he will be pulling down $400K+/year before you know it.

    That said, what does it say about the military when they run the opposite of the meritocracy system? There has always been a patronage system, where officers advance because of connections instead of merit, but it has never been overt to throw out officers that were advancing on merit.

    Dark times in the U.S.


  21. Mikey says:

    “What protects our democracy is that we do not just follow orders blindly”

    Words to live by. CONS need to study this quote carefully and let it sink in.


  22. theswan says:

    This story just boggles the mind.

    Why do our leaders hate America?


  23. Karim says:

    Gen. Tommy franks gets the Presidential Medal of Freedom for a botched job in Iraq, but Lt. Cmdr. Swift (a true hero) stood up to the Idiot-in-Chief, and he gets fired. Som much ofr a meritocracy.


  24. JesusChrist_GodOfWAR says:

    #16 – This is a twitch on the Habeas Corpus Boner Meter…

    Yes. But will TP ever bring the formal topic up for discussion?


  25. oxillini says:

    Please let this guy run for office. Anyone know what congressional district he is from or his stance on other issues.


  26. oxillini says:

    Please let this guy run for office. Anyone know what congressional district he is from or his stance on other issues?


  27. oxillini says:

    D’oh! Duplicate comment. Sorry.

    That said, if he does not wish to run for office, I wish him well in the job he will soon be offered. Let’s see, military background, check. Well spoken and polite even when passed over promotion, check. Won a Supremem Court case, check. Yup, his family shouldn’t be too worried about missing a mortgage payment.


  28. Daryll says:

    Even though I’m a republican, I have to somewhat agree with Lt. Commander Swift. As a prior officer, I understand that you have to think logically about the prime objective pertaining to certain issues. By maintaining innocent muslims at Guantanamo, we are wasting government funding that could be utilized for the current wars in Iraq and Afghanistan, as well as demoralizing innocent Afghans, Iraqi’s, Pakistanis……………… But I do disagree with the Supreme Court on the issue of torturing detainees. This is a vital method that can be utilized to prevent us as well as other countries from receiving massive terrorist attacks (Ex: London Heathrow).


  29. Dumb_Fox says:

    #17, #20 – Swift should have been allowed to leave the Navy on his own terms. The fact he can probably pull a fine salary elsewhere is beside the point and of zero import when you care as deeply as Swift does about doing the best job possible whilst in public service.

    Swift is evidently a man of impeccable integrity, and quite a good lawyer to boot. The fact the Navy apparently has no room for him is on the face of it extraordinary.

    That Rumsfeld is still in his job, whilst Swift isn’t, is a disgrace.


  30. Stuart Moore says:

    I wonder if the people who condone torture as a “method” of gathering information would feel the same way if our military men and women were on the receiving end? I think that people who support the U.S. using torture are looking at it from a standpoint of us being in the right both morally and factually. But being right depends on where you stand (my right is your left, so to speak). Jihadists, Iranians, North Koreans, Chinese may all feel that they are right and, in being right, able to torture Americans according to our precedent.

    I think it’s a dangerous road that isn’t necessary to travel.


  31. NoMoreBush says:

    #29

    Don’t get me wrong, that he will be fine does not diminish the cronyism. It was just more to point out that any punitive action by the Pentagon should have no effect.


  32. big+papa says:

    Daryll #28

    …until the tortured is YOUR son, brother, sister, wife, daughter…

    …or maybe THEY aren’t that important to your kind…

    …(figure it out- what “your kind means”)…


  33. Willy says:

    Why do the Pentagon and the Bush administration hate democracy?


  34. Jason+Baddo says:

    He said “What protects our democracy is that we do not just follow orders blindly.”

    Echoes here of what the founding fathers espoused with some of them dying valiantly for this right. Unfortunately, America of today has forgotten the noble principles of the its glorious past which was one founded on freedom of expression, justice for all etc.


  35. bluefish says:

    Apparently, Lt. Commander Swift is far too competent to be of any use to the current administration.


  36. Marie says:

    Integrity and rule of law have no place under the Bush administration.
    Swift will land on his feet after being kicked into the air by the Navy, but isn’t it unfortunate that the government will not tolerate the bright ones who do not toe their political line.


  37. Heynow says:

    Courage and integrity on display.


  38. Buford says:

    Sorry, but there is no honor in choosing to keep your job instead of your integrity. The fact that Bush has created an environment wherein officials are forced to sacrifice comforts in order to defend the Constitution speaks volumes about how bad a person Bush is, but these officials should never give in to Bush.

    Hopefully Swift will continue to be an outspoken critic of Bush’s policies. However, no one should excuse other officials who choose to ‘go along’ with the environment Bush has created instead of actually defending the Constitution.

    Colin Powell, for example, should be prosecuted for not speaking out earlier and more vocally… he could have prevented a bunch of this mess, but instead he chose to be a good soldier.


  39. Spudge_Boy says:

    solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic

    That oath is pretty close to the one us enlisted people took. The important part is:

    enemies, foreign and domestic

    George Bush and company are domestic enemies against the Constitution.

    “It is just God damned peice of paper.” Ring a bell to anybody?


  40. LAPDOG » Blog Archive » ‘Hero Of Guantanamo’ Passed Up For Promotion says:

    [...] Lt. Commander Charles Swift, 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, will be “passed over for promotion by the Pentagon and must soon leave the military.”read more | digg story [...]


  41. Dumb_Fox says:

    #31 – True… if you calibrate punishment only in monetary terms.


  42. Jebus+loves+me says:

    I’m at a loss of words…..

    I’m so depressed right now. I can’t believe that this country has sunk so low in its standards.

    I never imagined that this kind of thing would ever happen.


  43. bs says:

    #39

    it is also the part of the ucmj code. so why with the illegal court martials? you’d think that pointing that out they all walk free.


  44. SharonB says:

    Hopefully Swift will be willing to take a prosecutor job at the Hague soon.


  45. SharonB says:

    Hopefully, Swift will accept a prosecutor job at the Hague.


  46. Jake says:

    He was doing his job. His job was to be defense council. If they want to be angry with someone they can be angry at the Supreme Court, but not the lawyer, not for doing a good job. Basically, they are saying, when you’re up against us, do a bad job and you’ll get promoted. Hey, isn’t that the Bush way?


  47. detepe says:

    #28 London Heathrow? You mean the thwarted plot to use liquid explosives? I’m confused. Word I heard was that the Brits stopped it without our help – by using police work. Are we trying to take credit so waterboarding and all of their other “methods” sound like they work. Every U.S. intelligence officer I’ve heard interviewed says torture contraindicated if you want the truth.

    About the Swift news, looks like pretty soon we’re going to be hearing about a shortage of good military lawyers if they let brilliant legal minds like Swift get kicked to the curb because he won a case.

    The military already has a shortage of Arab speaking personnel, but they fired some of the ones they had anyway, after investing thousands in getting them trained. Of course those guys were gay, and of course here in America your sexual preference necessarily stops you from being able to help fight the “war on terror”. The shrub and his people need to get their heads out of their *#*es.


  48. JMohr says:

    I have been a JAG and well know the conflict between serving the law and serving in the military. Many JAGs believe that you are an officer first and an attorney second. I tend to disagree with that view. One can only serve the constitution, the law and the military by upholding the rule of law and the legal traditions of the bar. Lt. Cmdr. Swift found the penalty for living up to these traditions.

    As to Daryl( Heathrow #28) – Please save me from the usual litany that torture is an effective method of obtaining intelligence. This has been proven to be false numerous times. Please provide one real instance in which torture has actually proven effective. Also show how the wasted time and effort of following false and deceptive leads has ever been outweighed by actual genuine intelligence. Your Heathrow example merely exposes your ignorance on the subject. I did learn from my time as both a military and civilian prosecutor that torture (yes some overzealous cops will use it) never gained information of real value. Indeed, the investigators who usually used such methods never turned up usefull informations. They did turn up a lost of false leads and false confessions.


  49. Theda says:

    But I do disagree with the Supreme Court on the issue of torturing detainees. This is a vital method that can be utilized to prevent us as well as other countries from receiving massive terrorist attacks (Ex: London Heathrow).

    Comment by Daryll —

    Sorry Daryll, but torture only works on “24″ not in real life. Torture only makes people tell you anything you want to hear so the pain will stop not because the person being tortured has any real, credible information. Professional interrogaters will tell you that kindness and talk will accomplish far more than pain. If torture worked then the Nazi’s would have “won” WWII because they were firm believers in inflicting pain and death. If torture works then you apparently accept that all those folks who were accused of being witches 300 years ago were telling the truth and yes, they could fly on brooms and curse your cattle. Get real Daryll and stop sucking down the KooLAid before you drown in it.


  50. Jim+Source says:

    I’m thinking lead prosecutor on the impeachment legal team.


  51. ash says:

    It may (and does) get nastier than this. It may (and does) get dirtier. But it can’t possibly get any pettier.


  52. yangho says:

    But I do disagree with the Supreme Court on the issue of torturing detainees. This is a vital method that can be utilized to prevent us as well as other countries from receiving massive terrorist attacks (Ex: London Heathrow).

    Comment by Daryll —

    Yeah, I kind of understand Daryll, to win TERRORIST, we much extreme TERRORIST. This is A WAR BETWEEN TERRORISTS.


  53. Bluestocking says:

    “[T]here is no denying the chilling message it sends to remaining military lawyers.” Chilling message??? No…this is an outright threat. Subtle, perhaps — but a threat nonetheless. The message being sent to military lawyers is very clear…if you’re a defense attorney and you represent an “enemy combatant”, you’d better be prepared to lose either your case or your job because you won’t be allowed to have both.


  54. RickDerrig says:

    NoMoreBush,
    I don’t think Lt. Commander Smith has had income as his priority. Yes, he can CERTAINLY add zeroes to the end of his income, but I think his dedication to service is important. Hopefully, when this corrupt administration is removed Lt. Commander Smith will be remembered for his commitment to our country and our Constitution and the next president asks him to fill a spot high in the military/JAG ‘food chain’ to foster and maintain a high regard for justice and the Constitution (something WE should all lobby to achieve). While the new administration is at it (if the Supreme Court hasn’t already rectified the situation), the new laws allowing maltreatment of “detainees” and vacating of habeas corpus must be repealed -we need to reclaim our freedom SOON.

    Rick


  55. Beverley says:

    When is it that WE the people are going to stop allowing this maniacal president to destroy our democracy??? Lt. Commander Smith is a hero and a dying breed in today’s military. Until our servicepeople refuse to kill for this greed driven authoritarian madman, he’ll “stay the course” no matter the cost. We’ve got to say NO at the polls AND our military must do what is right, honor their oaths of office, and follow the example of individuals like Smith who do the right thing no matter the cost. As a member of Military Families Speak Out we know this government is abusing our soldiers and not making available the care they require when they return. There is no doubt the majority of our soldiers know their primary purpose is to survive, not to defend freedom or democracy or even the Iriai civilians — just stay alive. Shame on us. Shame on every one of us who does nothing while these criminals destroy the soul of our country. Stop the war in Iraq. Bring our soldiers home now. Care for them when they return. And never again allow an inperialistic despot to rape our national soul and pillaging our human and financial treasures.


  56. T. Denier says:

    Vote the Neocons out? I don’t think they were legally elected to begin with. …
    Who should we elect? … the evil globalist right – or the cowardly lion left?

    These same Democrats bow down and kiss georgie’s boots whenever he snaps his fingers – and have passed every disgusting inhumane bill Bush set before them – they are both one in the same.

    Choosing between turd A & turd B is getting very old … very fast.
    No matter … the Diebold machines will decide the race not the voters … voting anymore is just an exercise in futility.

    This country ran the best it ever has right after the Bush/Gore election when we went for 3 months with no president – and congress didn’t vote on anything.


  57. Mexico501 » Blog Archive » ‘Hero Of Guantanamo’ Passed Up For Promotion says:

    [...] Page Summary: Shinsecki was washed out of the military in the same fashion as Swift after butting heads with Rumsfeld. I never imagined that this kind of thing would ever happen. This has been proven to be false numerous times. Please provide one real instance in which torture has actually proven effective.read more | digg story [...]



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