1. National Public Radio: Talk of the Nation February 15, 2007 This is TALK OF THE NATION. I’m Neal Conan in Washington. This is TALK OF THE NATION. I’m Neal Conan in Washington. In December 2003, Lieutenant Commander Charles Swift, a Navy lawyer, got a letter from the Department of Defense. In December 2003, Lieutenant Commander Charles Swift, a Navy lawyer, got a letter from the Department of Defense. Heroes & Villains Class 11

2. They told him, to his surprise that he’d been assigned to represent one of the detainees being held at Guantanamo Bay. Heroes & Villains Class 12

3. Salim Ahmed Hamdan a citizen of Yemen, was picked up in Afghanistan a few months after the American troops there toppled the Taliban, and he acknowledged service as Osama Bin Laden’s driver a citizen of Yemen, was picked up in Afghanistan a few months after the American troops there toppled the Taliban, and he acknowledged service as Osama Bin Laden’s driver Osama Bin Laden Osama Bin Laden Heroes & Villains Class 13

4. Did you have any idea of what you were getting into the day you got that letter from the Defense Department? I was surprised when the letter conditioned my access to Mr. Hamdan on a guilty plea. I was surprised when the letter conditioned my access to Mr. Hamdan on a guilty plea. They’d asked Colonel Gunn to appoint - who is the chief defense counsel - to appoint defense counsel for the limited purpose of negotiating a guilty plea. They’d asked Colonel Gunn to appoint - who is the chief defense counsel - to appoint defense counsel for the limited purpose of negotiating a guilty plea. And the letter made quite plain that you would see the prosecutor to get access, and that if for some reason you were unable to negotiate a guilty plea, that that access could be cut off. And the letter made quite plain that you would see the prosecutor to get access, and that if for some reason you were unable to negotiate a guilty plea, that that access could be cut off. Heroes & Villains Class 14

5. Values and Duties You Would Consider If You Were in Swift’s Dilemma Duty to follow orders Duty to follow orders Represent client as best as possible Represent client as best as possible Set aside feelings about representing a terrorist Set aside feelings about representing a terrorist Career aspirations Career aspirations Representing a terrorist inside the military Representing a terrorist inside the military Heroes & Villains Class 15

6. Values and Duties You Would Consider If You Were in Swift’s Dilemma Duty to inform client of options Duty to inform client of options Innocent until proven guilty Innocent until proven guilty Desire to obtain useful military intelligence Desire to obtain useful military intelligence Heroes & Villains Class 16

7. Values and Duties You Would Consider If You Were in Swift’s Dilemma Going through a fair process Going through a fair process Access to non- military justice Access to non- military justice Challenging unjust system Challenging unjust system Being willing to assume in your own mind that he could be innocent Being willing to assume in your own mind that he could be innocent Decline to represent an Al Qaeda member Decline to represent an Al Qaeda member Heroes & Villains Class 17

8. Values and Duties You Would Consider If You Were in Swift’s Dilemma Find the truth of the matter Find the truth of the matter Courage Courage Client’s wishes Client’s wishes Heroes & Villains Class 18

9. Apply Georgia Rules to Swift’s Dilemma Terminology: pp 5-6 Terminology: pp 5-6 GRPC 1.2 (pp 7-8) GRPC 1.2 (pp 7-8) GRPC 1.8(f) (p23) GRPC 1.8(f) (p23) Heroes & Villains Class 19