Robert L. Swann (military lawyer)

There are multiple individuals named Robert L. Swann.

Robert L. Swann is an American lawyer and retired Army colonel. He is currently the lead prosecutor on the cases of Khalid Sheik Muhammed and Mr. Mustafa Al-Hawsawi.

Contents

Work on the prosecution team of the Guantanamo military commissions

Swann was the second Chief Prosecutor of the Guantanamo military commissions, replacing Fred Borch.[1][2]

Internal criticisms of Borch

Australian newspapers broke the story, in the summer of 2005, that three other lawyers on the prosecution team had criticisms of the ethics of Borch's behavior.[3][4][5][6] The three prosecutors whose memos were leaked were: Robert Preston John Carr, and Carrie Wolf. Their memos, which were written in 2003, were leaked in 2005. Those memos stated:

Preston, Carr and Wolf were all reassigned, as they requested. All three were subsequently promoted.

Borch, meanwhile, resigned his commission. And the structure of the Military commission was extensively revised. Swann supported the revisions, including removing two of the original Commission members.[7]

A prosecutor has concerns under Swann's watch

On March 31, 2007 the Wall Street Journal published a long article about Stuart Couch, another member of the prosecution team, who had worked under Swann.[8][9][10][11][12] According to the Wall Street Journal Couch considered requesting reassignment from the prosecution team, but instead merely requested reassignment from working on the prosecution of Mohamedou Ould Slahi. While Couch believed that Slahi was actually guilty, he had come to believe that the confessions and other evidence against Slahi had all been too tainted by abusive interrogation techniques for it to ethical to use it. Couch thought that the interrogation techniques had violated the Uniform Code of Military Justice, the United States own laws, and International treaties which the United States was obliged to obey because it was a signatory.

According to the Wall Street Journal Couch and Swann had a loud and acrimonious confrontation over his decision.[8][9] Its article reported that when Swann learned of Couch's moral reservations he demanded: "What makes you think you're so much better than the rest of us around here?"

The Wall Street Journal further reported:[8][9]

"An impassioned debate followed, the prosecutor recalls. Col. Swann said the Torture Convention didn't apply to military commissions. Col. Couch asked his superior to cite legal precedent that would allow the president to disregard a treaty."

References

  1. ^ "Chief Guantanamo Prosecutor Departs". National Public Radio. April 22, 2004. http://www.npr.org/templates/story/story.php?storyId=1846734. Retrieved 2007-04-12. 
  2. ^ Kathleen T. Rhem (August 27, 2004). "Many Issues Raised in First Week of Commissions Hearings". American Forces Press Service. http://www.defenselink.mil/news/newsarticle.aspx?id=25432. Retrieved 2007-04-12. 
  3. ^ "Leaked emails claim Guantanamo trials rigged". Australian Broadcasting Corporation. August 1, 2005. http://www.abc.net.au/news/newsitems/200508/s1426797.htm. Retrieved 2007-04-11. 
  4. ^ "Military Denies Rigging Guantanamo Tribunals". Washington Post. August 2, 2005. http://www.washingtonpost.com/wp-dyn/content/article/2005/08/01/AR2005080101488.html. Retrieved 2007-04-11. 
  5. ^ "Third prosecutor critical of Guantanamo trials". Australian Broadcasting Corporation. August 3, 2005. http://www.abc.net.au/news/newsitems/200508/s1428749.htm. Retrieved 2007-04-11. 
  6. ^ Pamela Hess (July 13, 2006). "Lawyers criticize Bush trials plan,". United Press International. http://www.upi.com/SecurityTerrorism/view.php?StoryID=20060712-115137-3892r. Retrieved 2007-04-11. 
  7. ^ "Officer in Guantanamo hearings urges dismissal of two panelists". USA Today. September 21, 2004. http://www.usatoday.com/news/washington/2004-09-16-gitmo_x.htm. Retrieved 2007-04-12. 
  8. ^ a b c Jess Bravin (March 31, 2007). "The Conscience of the Colonel". Wall Street Journal. http://online.wsj.com/article_email/SB117529704337355155-lMyQjAxMDE3NzM1MTIzOTE3Wj.html. Retrieved 2007-04-11. 
  9. ^ a b c Jess Bravin (March 31, 2007). "The Conscience of the Colonel". mirror of the Wall Street Journal article. http://pierretristam.com/Bobst/07/wf040107.htm. Retrieved April 11, 2007. 
  10. ^ "Three tales of Gitmo 'taint'". Monterey Herald. April 7, 2007. http://www.montereyherald.com/mld/montereyherald/news/opinion/17042823.htm. Retrieved 2007-04-11. 
  11. ^ Robert Scheer (April 4, 2007). "Leave Your Morals at the Border". The Nation. http://www.thenation.com/doc/20070416/scheer. Retrieved 2007-04-11. 
  12. ^ Scott Horton (April 2, 2007). "Colonel with a Conscience". Harpers. http://harpers.org/archive/2007/04/horton-colonel-with-a-conscience. Retrieved 2007-04-11.