Lt. Cmdr. Matthew Diaz: An American Hero
[cross-posted to Tikun Olam]
The idea that Lt. Cmdr. Matthew Diaz will do six months in the brig for committing the brave and even noble deed of leaking the names of all Guantanamo detainees to human rights lawyers is profoundly distressing:
A military jury recommended Friday that a Navy lawyer be discharged and imprisoned for six months for sending a human rights attorney the names of 550 Guantanamo Bay detainees....Diaz was convicted Thursday of communicating secret information about Guantanamo Bay detainees that could be used to injure the United States and three other charges of leaking information to an unauthorized person.
...After the first day of his trial Monday, Diaz had told The Dallas Morning News he felt sending the list -- which was inside an unmarked Valentine's Day card -- was the right decision because of how the detainees were being treated.
...In early 2005, as he was concluding a six-month tour of duty as a legal adviser at Guantanamo Bay, Cuba, Diaz sent an anonymous note to a New York civil liberties group containing the detainees' names.
...''I had observed the stonewalling, the obstacles we continued to place in the way of the attorneys,'' Diaz told the newspaper. ''I knew my time was limited. ... I had to do something.''
I regret that Diaz, facing the full brunt of military justice bearing down on him seems to have decided that folding his tail between his legs and begging for mercy was advisable under the circumstances. And who really can blame him?
Diaz, who could have received up to 14 years in prison, gave emotional testimony during the sentencing hearing, apologizing for his actions.''The prosecutors were right: I'm a meticulous man. I should have done better. It was extremely irrational for me to do what I did,'' Diaz said.
...Diaz said he now believes it was ''cowardly'' to release the names and other identifying information in that manner.
Read the Morning News story. It's devastating and includes this jaw-dropping quotation from Diaz (remember he served 18 years as a Navy lawyer):
I think a good case could be made for allegations of war crimes, policies that were war crimes," he said.
Matthew Diaz is an American hero. He should not spend a day in jail. Patrick Leahy should call him to testify before the Judiciary Committee so he can tell the nation why his conscience impelled him to do what he did. And if his lawyers or family read this, please tell us more about him, his case, and what else we can do to support him.





I commented on a blog about this yesterday. Maybe the Democrat who is elected in '08 to finally rid the world of this monster will pardon Diaz and give him the Medal of Freedom he deserves.
May 19, 2007 6:12 AM | Reply | Permalink
Thank you for posting this information. Your post is essentially reportorial except for this comment:
I regret that Diaz, facing the full brunt of military justice bearing down on him seems to have decided that folding his tail between his legs and begging for mercy was advisable under the circumstances.
Although there is scant informtion upon which to make any judgements, I read Diaz comment It was extremely irrational for me to do what I did this way. Someone committed to our institutions of juris prudence understands that ours is a common law tradition. Procedure and legal probity underpin that tradition and obviate recourse to some other source of authority, an imperium, as in a system based on the Roman Law model.
It strikes me that Lt. Cmdr. Diaz predicament is instructive for us all when we consider the political question of the behavior of our central government. How exactly do you defend the rule of law when that law is administered by those who have no regard for the rule of law. The easy answer is civil disobedience. However in the context of national policy and professional obligations, this is not a simple matter. I think Diaz comment is really quite eloquent.
As to folding I must say that once you judge an institution to be moraly incompetent you are under no obligation to suffer its opinions. Until the U.S. formally reconstitutes its recognition of Magna Carta, the modern Law of War and repeals the onerous Military Commissions Act, it is a nation ruled by principles of civil order that date from the late Tenth century. As citizens we should act accordingly.
May 19, 2007 11:20 AM | Reply | Permalink
Chuck Keller:Maybe the Democrat who is elected in '08 to finally rid the world of this monster will pardon Diaz and give him the Medal of Freedom he deserves.
This reminds me of the best line from the movie The Last Detail, where two tough as nails career sgts. are escorting an eighteen year old kleptomaniac to Portsmouth brig.
(The Kid) "Hey, when I get out in six years, I'll be a civilian; I could take my case to the supreme court!"
(Sgt. Billy 'Badass' Badnarich)(Jack Nicholson) "Yeah, do that, kid...maybe they'll shorten your sentence."
May 19, 2007 1:46 PM | Reply | Permalink
The comparison might work except for the part where Diaz gets out in 2 years of a possible 14 year sentence and becomes a hero instead of a fall guy.
Hopefully he'll never serve a day and the Congress will use his testimony against the monsters in the administration who have perverted our system, stolen our civil liberties and destroyed our country's reputation around the world.
May 19, 2007 5:49 PM | Reply | Permalink
Larry H.:
I agree with you. I was perhaps a bit overhasty in interpreting Diaz's statment. Fr. his Dallas Morning News interview he clarifies that what he now believes he should've done is appeal up through the chain of command instead of going outside the service. The only problem w. that is that he himself said that those military lawyers who objected most strenuously were moved out. So doubtless such an internal appeal would've been totally ineffectual.
I still think he did the right thing & has nothing to apologize for--though I understand that 6 months in a Navy brig is not something to welcome either & understand any ambivalence he may feel in that regard.
Richard Silverstein
Tikun Olam>
May 20, 2007 11:00 PM | Reply | Permalink
Absolutely, he did the right thing. He is a man who swore to protect the constitution, why the navy would make him choose thier laws over the law of the land is beyond me, apparently beyond him too.
I suspect his apologies were for the sake of his family who he feels he let down, which I assure you, he has not.
May 21, 2007 12:14 PM | Reply | Permalink