From the day I first wore the uniform, I’ve always considered “military justice” to be an oxymoron. Military courts are more often than not kangaroo courts. If that wasn’t bad enough, military defense lawyers have to play both sides. How can the military’s defense lawyers be free to defend anyone if their careers could be jeopardized in the process?
Once such case shows the contradiction. Navy LCDR Charles Swift was recently passed up for promotion, a move that shows someone wants him out the door. Swift’s transgression? Nothing more than getting Bush’s unconstitutional military tribunal plan tossed out by the Supreme Court. Swift’s supervisor praised Swift for doing an excellent job, while calling his being passed over for promotion “quite a coincidence” in coming two weeks after the Supreme Court ruling.
Swift will surely have a successful career in civilian courts, the Navy will lose another fine lawyer, and the idea that a military defense lawyer can serve two masters will once again be turned on its head. Thank goodness for men like Swift, who never forget that the oath they took was to uphold the Constitution of the United States, not to uphold an overreaching, power-hungry president.