On April 8, 2002, Deputy Assistant Attorney General Patrick Philbin sent a memo to Assistant Attorney General Daniel Bryant titled, ‘Swift Justice Authorization Act.’ Philbin concluded that the proposed Swift Justice Authorization Act was invalid, as it gave Congress power that encroached on the President’s authority as Commander-in-Chief to conduct military operations and regulate military commissions.
– Patrick Philbin, “Swift Justice Authorization Act” (Memo to Office of Legislative Affairs), U.S. Department of Justice, April 8, 2002