Retired Lieutenant Commander Charles D. Swift is One of the Best Defense Attorneys in the Country

Professional Overview

Charles D. Swift" vspace="5" width="214" /> Charles D. Swift is the founder and partner of Seattle's Swift & McDonald, P.S. His wife, Catherine McDonald, is also a partner at the firm.

Charles is a former career Navy officer, who retired in 2007 as a Lieutenant Commander in the Judge Advocate General's Corps (JAG). In addition to his thirteen-year service in in the JAG Corps, he served the Navy as a surface warfare officer. While in the JAG Corps, Charles worked primarily in the area of criminal defense, earning a reputation as a top tier trial attorney. During his tenure, he was involved in high profile litigation involving the U.S. military, from defending senior military officers in complex criminal cases, to defense of the Navy's use of the Vieques bombing range in Puerto Rico against environmental litigation.

While working for the Department of Defense Office of Military Commissions, Charles is well known for having served as defense counsel for Salim Ahmed Hamdan, a detainee from Yemen who was the first to be indicted at Guantanamo Bay, Cuba. He used the civil courts to challenge the legal treatment of detainees and the constitutionality of the military tribunals in Hamdan v. Rumsfeld (2006), a landmark case that went to the U.S. Supreme Court and was decided in Hamdan's favor. As a result of the U.S. Supreme Court's ruling, Congress approved the Military Commissions Act of 2006 to empower a form of military tribunals and incorporate the Court's interests regarding reconciliation with the Geneva Conventions and the U.S. Uniform Code of Military Justice.

Following his military career, Charles served as a visiting professor and head of the Humanitarian Law Clinic at Emory University School of Law in Atlanta, GA. He then entered private practice in Seattle, where he continues to focus on criminal defense.

Charles is admitted to practice before the Western District of Washington, the United States District Court, the United States Court of Appeals for the Ninth Circuit, the District Columbia Court of Appeals, the Supreme Court of the United States, the State Bar of Washington, the North Carolina Supreme Court, and the Court of Appeals for the Armed Forces.

He is a member of the National Association of Criminal Defense Lawyers (NACDL) and the Washington Association of Criminal Defense Lawyers (WACDL). Charles has been a regular contributor on the topics of terrorism and military law for national news programs including CNN, CNBC, MSNBC NPR, and Fox News. His article, "The American Way of Justice," was featured in Esquire Magazine's March 2007 edition. Charles also authored "Why Now? The Timing of the Guantanamo Trials Is Not an Accident" for Slate on February 15, 2008.

Over the years, Charles has been awarded with several distinctions, accolades and awards. He is the recipient of the ACLU's Roger Baldwin Medal for Distinguished Service and he is recognized as a Distinguished Alumnus at Seattle University School of Law. Charles received the Civil Justice Community Champion Award and the Torch of Liberty Award. He is co-recipient of the Stephen M. Goldstein Criminal Justice Award and the Salem Award for Human Rights and Social Justice. The National Law Journal selected him as runner-up for Lawyer of the Year in 2005 and named him as one of the 100 Most Influential Lawyers in 2006. Charles was also named one of "America's One Hundred Best and Brightest" by Esquire Magazine.

He was born in Washington D.C., and raised in Franklin, N.C. Charles received a B.S. in History from the United States Naval Academy in Annapolis, MD. He earned his J.D. Cum Laude from Seattle University School of Law and his LL.M with honors in Trial Advocacy from Temple University. Charles was also awarded Honorary Legal Doctorates from Georgetown University School of Law and Mount Holyoke College.

When the fearless attorney isn't working, Charles enjoys golfing, skiing, and boating. He loves fly-fishing in Alaska. Charles also enjoys Navy vs. Army football games and he is an avid Seattle Seahawks fan. His favorite books include Sun Tzu's The Art of War and F. Scott Fitzgerald's The Great Gatsby.

Charles' Memories and Motivations

Did Charles receive any awards or participate in activities that influenced his decision to go into the law? He said after he graduated from the U.S. Naval Academy, he became a surface warfare officer and a legal officer on a ship. Charles recalled that during a port visit three sailors from his ship were arrested for possession of marijuana while on liberty by the Indonesian police. The men faced extremely harsh punishments and the arrests created a potential international incident. Charles successfully convinced his commanding officer that the ship should intervene and then convinced the Indonesia officials to release two of the three sailors. The third sailor was eventually released on bond thereby averting the international incident and was returned to the United States. This event influenced Charles to attend law school.

Does he have a most memorable law school experience? Charles enjoyed his first year of law school. "It was hard work, but it didn't seem like hard work because I enjoyed it." He continued to say the Socratic method suited his personality and background because of his military experience.

So what is the best part of his job? "The best part of my job is when I can say I helped someone recover their career, freedom, or reputation. That's the moment when you matter to your clients. I think that's why people go into the law, because they matter."

When asked how he gets along with his wife at work, Charles replied, "We get along great. I wouldn't want it otherwise."

What is he known for professionally? "An expert once said there are thinkers who think inside the box and outside of the box, and that for me there is no box. I am creative and I believe in our judicial system. I was one of the people in the military who believed in justice and national security and I represent my clients well."

What area of the law is Charles most passionate about? "Criminal law."

Is there an area of practice that he would like to delve further into? Charles jokingly said, "I am still learning criminal law."

How is private practice in Seattle different than practicing for the Navy? "I now wear a suit. The biggest aspect of private practice is that there is a business side, but my cases have remained the same." Twenty-five percent of Charles' cases are national security law and seventy-five percent of his cases are criminal law.

What does he think about criminal law today? Charles explained that the rate of incarcerations has increased and the severity of the charges makes it difficult for defense attorneys to go to trial. He also noted that jury trials have eroded. "Jury trials should be about redemption and not severe punishment. I weep for the victims and I weep for the perpetrators as equally because it's a loss for our society."

If he weren't a lawyer, what would Charles probably be doing? He candidly said, "I don't know. I would probably be historic re-enactor in Williamsburg, Virginia."

Where does he see himself in five years time? "I will be doing what I am doing right now. I immensely enjoy what I do."

What motivates Charles to be an attorney everyday? "The challenge. Every morning, I wake up with someone depending on me. I do the best that I can do."

How does one of the best trial lawyers want to be remembered? "As someone who made a difference."

Working in The JAG Corps, Representing Salim Ahmed Hamdan and Not Being Promoted by the Navy

In addition to Charles service as a surface warfare officer, he worked in the Judge Advocate General's Corps for thirteen years. How was this experience? "It was extraordinary. I wouldn't change anything about it. I had the privilege of working on tough and important cases."

While serving the Department of Defense Office of Military Commissions, Charles was assigned as defense counsel to Salim Ahmed Hamdan, a former driver for Osama bin Laden. Hamdan was captured during the U.S. invasion of Afghanistan and he became the first detainee to be indicted at Guantanamo Bay. In 2004, he was charged with conspiracy to commit terrorism. Charles took Hamdan v. Rumsfeld to the U.S. Supreme Court. What was the significance of this case? "This was a landmark case on several grounds. The long-term goal was that the United States complies with the U.S. Uniform Code of Military Justice and the Geneva Conventions. It's not who you fight, but how you fight that defines you. We can win with honor."

As a result of Hamdan v. Rumsfeld, Congress passed the Military Commissions Act of 2006. Does Charles agree with Congress? "No. I don't agree with Congress. The Military Commissions Act was just a reaction to the U.S. Supreme Court ruling of Hamdan v. Rumsfeld. Courts later found their decision unconstitutional. Trials for detainees in the war against terror could be tried in the federal court system or by the U.S. Uniform Code of Military Justice instead of a commission."

While working in the JAG Corps, Charles earned a reputation as a premier trial attorney. Does he have a case that stands out? "The Hamdan case stands out. That was by far the most remarkable case I have handled. However, everybody I represent is important."

How was his relationship with Hamdan? "For five years we had an intense relationship because Hamdan lived in incarcerated conditions. We had a love/hate relationship, but I was convinced he was innocent. We argued a lot, but we stood together."

Was there any animosity directed towards Charles for representing Hamdan since he had been a driver for Osama bin Laden who was accused of conspiracy to commit terrorism? "There was no animosity directed towards me. During that period of time, I had nothing but support from officers and other attorneys. The public as a whole understood what I was doing."

In June 2006, Charles was "passed over" by the Navy for a second time for promotion and he retired in the spring of 2007. Why didn't the Navy promote him? "I thought the Hamdan case would last three to five years. It lasted for five years and it took me off my career path. Although I wasn't promoted, how could I turn the Hamdan case down? I didn't see the case as an opportunity to be promoted. I can't complain about where I am today. I am happy."

If Charles was promoted to commander, would he still be serving in the Navy? "Probably not. I am a trial lawyer and senior officers are not trial lawyers. In the JAG Corps, junior officers are trial lawyers and I wanted to be in the court room."

Teaching at Emory University School of Law, Winning Several Awards and Speaking Engagements

After retiring from the Navy, Charles served as a visiting professor and head of the Humanitarian Law Clinic at Emory University School of Law. What motivated him to teach? Charles said he wanted to share his experience with students. He also wanted to see if teaching was the right career for him, but he decided to go back to the courtroom.

Charles has won several awards, which include runner-up for Lawyer of the Year in 2005 as well as being named one of the 100 Most Influential Lawyers in 2006 by the National Law Journal. How does he feel to be recognized for his work? "I am very proud of those awards, but I look at my awards as part of a team effort. I received help from other individuals. Otherwise, I wouldn't look good. It's gratifying to win those awards."

Charles has been a regular contributor on the topics of military law and terrorism for national news programs including MSNBC, CNBC, CNN, NPR, and Fox News. Will he continue his speaking engagements? "Sure. I am happy to talk about military law and terrorism. There is a great interest in military law and terrorism and it's better if the public understands these issues."

Inspiring Professors and Working With Exceptional Leaders, Non-Profit Organizations and Charles' Goals

Does Charles have a mentor? He acknowledged that his law professors were influential, especially his contracts and constitutional professors. Charles admitted that his professors in his first year of law school had left a long-lasting impression on his career. Brent Pope was another mentor who motivated Charles. "Brent was the first attorney I worked with. He successfully won nineteen consecutive cases and he didn't have the opportunity to choose his cases." Charles also stated that the Hamdan case allowed him to work with extraordinary leaders. He added, "I had the opportunity to work with the best and that was a privilege."

Is he involved with any non-profit organizations? "I assisted the Muslim Legal Fund for America, but I am not a member."

Does the former Lieutenant Commander have goals? "At this point in my career, my goal is to have balance, and that's easy to lose. I will continue to do what I do well. I don't want to be someone who stays long. You have to know when to leave the party."