Spring Break
Unlawful or Lawful; Detainees at Guantanamo Bay
Sam Sheffield
Issue date: 2/4/08 Section: News
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Former?Lt.?Commander Charles Swift became one of those lawyers when he was assigned to the case of Salim Ahmed Hamdan, a prisoner at Guantanamo Bay.
Swift gave a lecture on "Guantanamo Bay and Its Implications for the Rule of Law" to a packed house at Rockhurst University last Wednesday.
Swift was ordered to take the case, but he said he also chose to do it.
"Someone should," Swift said. "… Originally I looked at it in that I didn't expect I would be representing anyone … I expected Sheikh Khalid Mohammed, I expected a Moussawi defense."
Hamdan said he expected to represent a "real" terrorist, not Hamdan, who was captured by Afghan forces in late 2001, with possession of a weapon. Hamdan was handed over to U.S. forces and sent to the U.S. Naval Base at Guantanamo Bay, Cuba in 2002.
He was accused of conspiracy, transporting weapons to the Al-Farouq Al Qaeda terrorist training camp, and also serving as Osama bin Laden's personal driver before and after the Sept. 11 attacks.
Swift explained Hamdan's background. He was born to poverty in Yemen in 1970. His only known skill was his ability to service engines. He had intermittent jobs as a driver in the bustling streets of Sanaa, Yemen's capital, according to Swift. He eventually found a job that paid more money in a month than he had ever earned in his lifetime in Yemen. He became Osama bin Laden's personal chauffeur. He eventually earned enough money to get married and begin a family, Swift said.
Swift was a Naval Judge Advocate General (Jag) officer, and had had an impressive career representing men facing martial. He was asked to take Hamdan's case in trial by military commission.
The former Lt. Commander said military commissions, or tribunals, which were created to try members of enemy forces during times of war, are different in a few ways from any conventional civilian or military, criminal or civil trials.
For instance, the defendant is not allowed self-representation, not because of lack of knowledge of law, Swift said, "but that it is not lawful for them to be there. … It was understood that they would be excluded from large portions of the trial, that they would not see all the evidence against them … and evidence could be obtained by either physical or mental coercion."
Viewing Comments 1 - 2 of 3
Hiram Abiff
posted 2/04/08 @ 10:39 PM CST
Has this guy ever read the law? He is completely wrong when he said: "For instance, the defendant is not allowed self-representation, not because of lack of knowledge of law, Swift said" The Military Commissions Act allows for self-representation. (Continued…)
Vegetarian
posted 2/09/08 @ 6:18 AM CST
By going against the Geneva convention makes us like others that have gone against it like Adolf Hitler. He followed the philosophy that the ends justifies the means. (Continued…)
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