AP story
MIAMI - The Navy lawyer who led a successful Supreme Court challenge of the Bush administration’s military tribunals for detainees at Guantanamo Bay has been passed over for promotion and will have to leave the military, The Miami Herald reported Sunday.
Lt. Cmdr. Charles Swift, 44, will retire in March or April under the military’s “up or out” promotion system. Swift said last week he was notified he would not be promoted to commander.
He said the notification came about two weeks after the Supreme Court sided with him and against the White House in the case involving Salim Ahmed Hamdan, a Yemeni who was Osama bin Laden’s driver.
2006-10-08 13:26:23 · 10 answers · asked by Gaspode 7 in Politics & Government ➔ Military
I have decided that there are very few actual coincidences in the political world.
The Navy made a stupid decision. Idiots.
According to the Seattle Times:
"In June, the prestigious National Law Journal listed Swift among the nation's top 100 lawyers, with such legal luminaries as former Bush administration Solicitor General Theodore Olson, 66; Stanford Law constitutional-law expert Kathleen Sullivan, 50; and former Bush campaign recount attorney Fred Bartlit, 73."
The ultimate irony will be if Charles Swift is asked to defend Bush, Cheney, Rumsfeld, or Rice before the International War Crimes Tribunal in The Hague.
http://seattletimes.nwsource.com/html/nationworld/2003294468_lawyer08.html
2006-10-08 13:39:40 · answer #1 · answered by Tom-SJ 6 · 1⤊ 1⤋
There are not a lot of lawyer positions in the military above the grade of O-5. Retiring as an O-5 at the age of 44 is considered extremely successful. His board probably met to decide his fate well before that verdict was issued.
This guy will make $6,000 bucks a month and pull full health benefits sitting on his couch and doing nothing. He can certainly still serve if he would like in the Governement Service Corps or perhaps in the Senior Executive Service. I think this decision is a lot less political than that AP reporter is trying to make us believe.
2006-10-08 13:54:12 · answer #2 · answered by Big Blair 4 · 0⤊ 1⤋
Sadly, the fact is that the ranks of the military (Officer & Enlisted) are shaped like a pyramid... and when you reach Lieutenant Commander (O-4), the competition to make it to Commander (O-5) is VERY steep... the majority of O-4's will never make O-5. Just as MOST E-6's will never make E-7.
As I remember from the 80's & 90's, Officers have 3 opportunities to before the promotion board to either be selected or be "passed over" for promotion.
If you are passed over for a 3rd time your are required to get out (if you have less than 20 years of service) or retire with your pension if you've completed 20 years of service.
Also, the promotion boards are military, not political... and are a regularly scheduled annual event... so take the speculation that the timing of the announcement is politically driven.
2006-10-08 14:53:22 · answer #3 · answered by mariner31 7 · 0⤊ 1⤋
While I don't discount the possibility of political influence in his being passed over for promotion people w/o knowledge of the promotion systems or military officers should learn about promotions.
Military officers have 3 opportunities to either be promoted or be "passed over" for promotion. If you are passed over for a 3rd time your are required to get out (if you have less than 20years of service) or retire with your pension w/2o years of service.
I don't know the particulars of LCDR Swift situation. As an O-4 (pay-grade & rank) he will receive a pention if he has 20 years in service. He is considered old to be a LCDR. Most people make the 0-4 rank around the age of 33. And since lawyers are normally commissioned at a lieutenant (0-3) he was probably pased over 3 times...twice before his Supreme Court challenge.
Of course he may have been in the reserves where promotions are much slower or he joined theNavy at say, age 35.
Fair or not,most members of the military are O-5 (Commander, USN or Lt Colonel in the army, air force and marines) or 0-6 (Captain,USN and full Colonel in the other sevices).
Regarless, LCDR Swift is to be commened for his Naval Service and our best wishes for his future legal career.
TO Big Blair: a Naval Lt. Commander is an 0-4 rank; similar to a Major (0-4) in the other services. You can check this www.military.com which provides the pay, ranks and E-1 to E-9 and O-1 to 0-10 pay grades and associated ranks.
2006-10-08 14:17:15 · answer #4 · answered by iraq51 7 · 0⤊ 1⤋
Both you and the AP are making assuptions.Plenty of people get passed over. There are only a X number of Comander slots a year. Does that mean the other 50 guys who got cut had some great force against them? The Ex Capt. of the Uss Cole got passed over. I did not hear any hand wringing for him......
We have to many Sea lawyers now.
2006-10-08 16:35:25 · answer #5 · answered by lana_sands 7 · 0⤊ 0⤋
Hopefully with him getting out, he is able to keep his retirement and also his present rank. You can't fight the government, if they want you out, they will find a way. I would say to Lt. Cmdr. Swift enjoy you retirement and open a private practice.
2006-10-08 13:40:37 · answer #6 · answered by ncamedtech 5 · 1⤊ 0⤋
i think politically the 3TD sentence in the question summed up the answer, and to humbly retire would be a benefit for his mental well being rather than dodge a spotlight of the public and media and the political ring of where to place blame just looks like to me hes become an easy target
2006-10-08 13:45:23 · answer #7 · answered by rae 2 · 0⤊ 1⤋
The military could make a case against anyone they feel has a 'defective attitude'.
2006-10-08 13:37:34 · answer #8 · answered by Anonymous · 1⤊ 1⤋
Business as usual.
2006-10-08 13:44:31 · answer #9 · answered by KERMIT M 6 · 1⤊ 0⤋
I think that the last paragraph might be a clue as to why.
2006-10-08 13:35:39 · answer #10 · answered by honiebyrd 4 · 0⤊ 1⤋