Robert L. Swann (military lawyer)
Encyclopedia
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.
s, replacing Fred Borch
.
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.
, another member of the prosecution team, who had worked under Swann.
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.
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:
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
lawyer and retired Army colonel. He is currently the lead prosecutor on the cases of Khalid Sheik Muhammed and Mr. Mustafa Al-Hawsawi.
Work on the prosecution team of the Guantanamo military commissions
Swann was the second Chief Prosecutor of the Guantanamo military commissionGuantanamo military commission
The Guantanamo military commissions are military tribunals created by the Military Commissions Act of 2006 for prosecuting detainees held in the United States Guantanamo Bay detainment camps.- History :...
s, replacing Fred Borch
Fred Borch
Colonel Frederic L. Borch is a former military attorney who served as Chief Prosecutor of the Guantanamo military commissions before he was replaced by Robert L. Swann after it was alleged that Borch was trying to corrupt the commissions.-Background:...
.
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.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:
- That Borch had assured the prosecution team that the officers sitting in judgment on the commission would be handpicked to be sure to convict, so prosecutors didn't have to worry about doing a good job.
- That Borch had assured the prosecution team that any exculpatory evidence in favor of the suspects would be classified, so it wouldn't be made available to the suspect, or his defense team.
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.
A prosecutor has concerns under Swann's watch
On March 31, 2007 the Wall Street Journal published a long article about Stuart CouchStuart Couch
Lieutenant Colonel Stuart Couch is an American lawyer and officer in the United States Marine Corps.-Reaction to the attacks of September 11, 2001:...
, another member of the prosecution team, who had worked under Swann.
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
Mohamedou Ould Slahi
Mohamedou Ould Slahi or Salahi is a Mauritanian who has been detained at Guantánamo Bay detention camp since August 4, 2002...
. 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
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
, 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.
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: