2/7/06:GOOD NEWS FOR GITMO, NOTSO FOR DAVID HICKS.
- From: uneoo@xxxxxxxxxx
- Date: 3 Jul 2006 06:25:52 +1100
GOOD NEWS FOR GITMO, NOT SO FOR DAVID HICKS!!
[AddedNote: The US Supreme Court had thrown out George Bush Jr.
invention of "military tribunal" for detainees at the Guantanamo Bay
Cuba. The court ruled this specific trial process as "illegal". The
South Australian David Hicks has been one among those detained at the
Gitmo. Those at Gitmo are detained for the purpose of "terrorist
scapegoats", not that Americans would have substantial evidence for
laying proper charges. This much is clear to us, at least.
As a consequence of the court ruling, the political support for
detaining these suspects at the Guantanamo Cuba will likely to
collapse; and indeed the Gitmo prison may have to be closed.
It is more likely those detained will be repatriated to their own
country because the US Administration would not like to have further
embarrassments.
This will make little joy for David Hicks. Even if he is repatriated
to Australia, the "Control Orders" provision is ready and waiting for
him. Those in Australia would well remember a controversial
"Anti-Terror" Laws were passed late last year. I wrote a piece then
concerning David Hicks possible release and the implications of that
Terror Law. Even if David came home, the pain would likely continue
inflicting on him.
I'd put a special page for the Terror Law in Australia
http://netipr.org/sa/terrorlaw/index.html
In solidarity, U Ne Oo.]
-----------------------
Saturday, July 1, 2006
GITMO WIN LIKELY COST NAVY LAWYER HIS CAREER
'Fearless' defense of detainee a stinging loss for Bush
seattlepi.nwsource.com
By PAUL SHUKOVSKY
P-I REPORTER
Lt. Cmdr. Charles Swift -- the Navy lawyer who beat the president of
the United States in a pivotal Supreme Court battle over trying
alleged terrorists -- figures he'll probably have to find a new job.
Of course, it's always risky to compare your boss to King George III.
Swift made the analogy to the court, saying President Bush had
overstepped his authority when he bypassed Congress and set up illegal
military tribunals to try Guantanamo detainees such as Swift's alleged
al-Qaida client, Salim Ahmed Hamdan.
The justices agreed, ruling 5-3 Thursday in favor of dismantling the
current tribunal system.
Despite his spectacular success, with the assistance of attorneys from
the Seattle firm Perkins Coie, Swift thinks his military career is
coming to an end. The 44-year-old Judge Advocate General officer, who
was recently named one of the 100 most influential lawyers in the
country by The National Law Journal, was passed over for promotion
last year as the high-profile case was making headlines around the
world.
"I may be one of the most influential lawyers in America," the Seattle
University Law School graduate said, "but I won't be in the military
much longer. That irony did strike me."
Swift's future in the Navy now rests with another promotion board that
is expected to render its decision in the next couple of weeks. Under
the military's system, officers need to be promoted at regularly
scheduled intervals or their service careers are essentially over.
"The way it works, the die was cast some months ago," he said. "The
decision has been made. I don't know what it is yet." But he thinks
his chances are slim.
Asked if he believes he was passed over for promotion last year for
political reasons, Swift would not speculate.
"I don't know," he said. "I'm not going to worry about it. I didn't
volunteer for this. I got nominated for it. When I got it, I just
decided to do the best I could."
Swift has worked under two officers as a member of the small team of
lawyers defending "enemy combatants" being held at Guantanamo
Bay. Both of them spoke highly of Swift Friday and said they gave him
very high ratings on his annual review, called a fitness report.
"He's doing a fantastic job," said Swift's current boss at the Office
of Military Commissions (tribunals), Marine Col. Dwight Sullivan.
Sullivan spoke of the crucial importance of the case decided Thursday
by the Supreme Court. "It's a fundamental constitutional question
about the powers of the president," Sullivan said. Asked about Swift's
aggressive legal challenge of the commander in chief, Sullivan saluted
Swift's "moral courage."
"He has been absolutely fearless is pursuing his client's
interests. And also he has exhibited an extraordinary level of legal
skill. His legal strategy has been brilliant.
"We all take an oath to protect and defend the Constitution of the
United States and he has certainly done that, literally."
Swift spoke Friday about his "immense pride" in the military justice
system. "I don't feel that because you join the military you should
lose rights. If there is anyone who deserves the protection of those
rights, it's the people who are willing to lay down their lives for
it."
So the question is will Swift lay down his career because of his
vigorous defense of a Yemeni tribesman who was Osama bin Laden's
driver in Afghanistan.
Swift's first supervisor at the Office of Commissions was Col. Will
Gunn, who said Friday that he gave Swift two annual fitness reports
and "I gave him very high ratings overall."
Asked whether he thought politics might have played a role in Swift
being bypassed for promotion, Gunn focused on Swift's atypical career
as a military lawyer. "Charlie has spent a lot of time as a litigator,
a trial advocate. That's really unusual in the JAG. You find that
people in the more senior ranks have moved around and proved
themselves in a variety of settings."
Most of Swift's career has been spent in the courtroom.
"While Charlie is a brilliant guy, a tenacious litigator, he does not
have all the blocks checked like some other folks have," Gunn said. He
called it a "breadth-of-experience" issue.
Swift clearly believes that his vigorous defense of Hamdan was, in a
very real way, a vigorous defense of military justice and the
Constitution.
"If they are calling the commissions (tribunals) military justice,
it's got to live up to what military justice is. It means
something. It's about the law, not what the leaders want. The greatest
thing about the JAG Corps is ... I had the opportunity to work every
day in a system I believe in."
Swift figures he'll hear around the second week of the month whether
he's been passed over for promotion again. If so, he says, it will be
time to dust off the resume.
He doesn't know what might be next, but when asked if he might move
back to the Puget Sound area, he said: "I lived in Seattle for 6 1/2
years. I love Seattle."
He proceeded to reminisce fondly about sitting in the Kingdome's
outfield bleachers watching the Mariners play. "And my wife is an
airplane pilot. She could live anywhere."
END
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