Robert L. Swann (military lawyer)

Robert L. Swann is an American lawyer and retired career Army colonel. He was the second Chief Prosecutor of the Military Commission at Guantanamo Bay detention camp, serving 2004 to 2006. He followed Fred Borch, who resigned in disgrace, and William Lietzau, acting Chief Prosecutor.

After active duty officer Morris Davis became Chief Prosecutor, Swann remained on the prosecution team. In 2008 he was the lead prosecutor for the Department of Defense in military commission cases of Khalid Sheik Muhammed and Mustafa Ahmed al-Hawsawi. These were put on hold pending 2009 amendments to the Military Commissions Act. The charges were dropped in 2009 when the administration intended to transfer the cases to federal court. Swann intended to try to be appointed to prosecute when the cases were transferred to the civilian justice system. Following the refusal of Congress to go along with a federal trial in New York, the government in 2012 began prosecution of military commissions again.

Swann was appointed as the second Chief Prosecutor of the Guantanamo military commissions, replacing Fred Borch in 2004.

Australian newspapers broke the story in the summer of 2005, that three military lawyers on the prosecution team had criticised Borch's conduct of the prosecution, saying that he was not ensuring due process to defendants. The three prosecutors whose memos were leaked were: Robert Preston, John Carr, and Carrie Wolf. Their memos, 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.

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