[1] After active duty officer Morris Davis became Chief Prosecutor, Swann remained on the prosecution team.
[2] 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.
[10] After the memos were leaked in 2005, there was renewed attention to the military commission, but Defense stated that it had already made substantive changes and replaced the top personnel.
On March 31, 2007 The Wall Street Journal published a long article about Stuart Couch, a military prosecutor who had worked under Swann.
[11][12] The WSG 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?"
[11][12]In 2008 Swann was appointed as the lead prosecutor in what were to be military commission trials of Sheikh Khalid Mohammed and Mustafa Ahmed al-Hawsawi.