Charles Swift

LCDR

Charles D. Swift
LCDR Swift (retired) speaking at a press conference.
Service / branchUnited States Navy
Years of service1980-1991, 1994-2007
Rank Lieutenant Commander
UnitJudge Advocate General's Corps, U.S. Navy
AwardsSurface Warfare Badge
Navy Commendation Medal (2 awards)
Navy Achievement Medal (6 awards)
Navy Expeditionary Medal
Humanitarian Service Medal
Sea Service Ribbon (4 awards)
Alma materU.S. Naval Academy (BS, 1984)
Seattle University Law School (JD, 1994)
Temple University (LL.M., 2006)

Charles D. Swift (born 1961) is an American attorney and former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps. He is most noted for having served as defense counsel for Salim Ahmed Hamdan,[1] a detainee from Yemen who was the first to be charged at Guantanamo Bay; Swift took his case to the US Supreme Court. In 2005 and June 2006, the National Law Journal recognized Swift as one of the top lawyers nationally because of his work on behalf of justice for the detainees.

Swift used the civil courts to challenge the constitutionality of the military tribunals and the legal treatment of detainees in Hamdan v. Rumsfeld (2006), a case that went to the US Supreme Court and was decided in his client's favor. As a result, Congress passed the Military Commissions Act of 2006 to authorize a form of military tribunals and incorporate the Court's concerns about reconciliation with the US Uniform Code of Military Justice and the Geneva Conventions.

During his Navy career, Swift served in a variety of assignments, including at sea. After several years, he was approved to attend law school and, after graduation, in 1994 became a member of the Navy's legal corps. In 2003, he was assigned to the Department of Defense Office of Military Commissions, serving into early 2007. There he was assigned as defense counsel to Salim Ahmed Hamdan. Because of his challenges, Swift was helping make the law on detainee treatment in the war on terror.

In June 2006, Swift learned he had been "passed over" by the Navy (a second time) for promotion; as a result, under the military's "up or out" system, he had to retire in the spring of 2007.[2] He learned of being passed over two weeks after the Supreme Court decided in Hamdan's favor, and intended to continue defending Hamdan as a civilian.[3]

From 2007 through 2008, Swift taught at Emory Law School as a Visiting Associate Professor and Acting Director of its newly established International Humanitarian Law Clinic. Hamdan was convicted of one of his charges in 2008 but credited for time detained. He was returned to Yemen in 2008. Swift worked to appeal his conviction. In October 2012, Hamdan was acquitted of all charges in the United States Court of Appeals for the District of Columbia Circuit.

In 2014, Swift joined Constitutional Law Center for Muslims in America as its director.[4]

  1. ^ Navigating an odyssey to Guantánamo Bay, National Law Journal, December 2005
  2. ^ Hamdan Navy lawyer denied promotion, will leave US military, JURIST, October 10, 2006
  3. ^ "Paper: Detainee Lawyer Must Leave Navy". The Washington Post. AP. October 8, 2006. Retrieved 2010-06-08.
  4. ^ "Charles Swift, Director & Counsel". Archived from the original on 2017-01-10. Retrieved 2016-09-13.