U.S. Military
A truth teller who deserves justice
Ex-Navy officer Matthew Diaz gambled everything to uphold the rights of prisoners at Guant
A former Navy officer named Matthew Diaz came to Washington, D.C., on Thursday, eating lunch just a few miles from the Pentagon and only steps from the White House — those mighty institutions whose imperial will he defied by upholding the legal rights of prisoners at Guantánamo Bay, Cuba, where he served as a deputy legal counsel.
During the winter of 2005, sometime after he realized that the government was ignoring the landmark Supreme Court decision affording counsel and due process to every alleged terrorist in the military prison, Lt. Cmdr. Diaz printed out and mailed all of their names to civil rights attorneys in New York. That act ultimately resulted in his imprisonment in the Navy brig in Charleston, S.C., and the forfeiture of his military job and pension, and may yet lead to the permanent loss of his license to practice law.
But Diaz had come to the nation’s capital on April 3 to be praised, not buried — as this year’s winner of the Ridenhour Prize for Truth-Telling, which is named after the late soldier and journalist who exposed the My Lai massacre in Vietnam 40 years ago this month. Sponsored by the Fertel Foundation and the Nation Institute (where I serve as director of a fund supporting investigative journalism), the Ridenhour prize recognizes the bravery of whistle-blowers who uphold American values regardless of personal risk.
The Diaz story is extraordinary, yet profoundly and typically American. Having risen from poverty and tragedy to professional status and prestige through his own hard work, he gambled everything on a principle, and lost.
He grew up in a broken family, moved frequently as a child and often survived on food stamps. His father, a hospital nurse convicted of the sensational serial murders of a dozen patients, ended up on death row in California’s San Quentin prison when Matthew was a teenager. He soon dropped out of high school and joined the Army.
Whatever damage his early life inflicted on him, however, it did not destroy his intelligence and ambition, and eventually he obtained an associate’s degree in law enforcement, a bachelor’s in criminology and, after leaving the Army, a law degree while working for the Postal Service. He joined the Navy Judge Advocate General’s Corps and was sent to Guantánamo during the summer of 2004, in part because of his outstanding service record at his previous posts. By then he had been promoted to lieutenant commander and was expecting to move up again soon. The superior officer who evaluated him before he left for Cuba had described him as “the consummate naval officer” and “a stellar leader of unquestionable integrity.”
The problem was that within months after he arrived at the military prison, Diaz realized how the system there had been designed to conceal prisoner abuse and undermine human rights. Though Gitmo was no Abu Ghraib, he was nevertheless appalled by the conditions and the treatment of prisoners. Around the same time that his tour there began, the Supreme Court had ordered the Bush administration, in a case known as Rasul v. Bush, to provide habeas corpus rights to the Guantánamo prisoners. By the winter of 2005, more than six months after that order came down, neither the Pentagon nor the Justice Department had taken any action to obey it. Indeed, Diaz believed that they had no intention of obeying it at all.
Looking back, the method he chose to bring a measure of justice to Guantánamo seems more than slightly eccentric (and very likely to be detected). Reviewing legal documents in his office, he had seen the name of Barbara Olshansky, a civil liberties attorney at the Center for Constitutional Rights, who had requested the names of all the prisoners so that they could be provided counsel. There was no chance that she would receive a positive response from the Pentagon, but she did get a strange, oversize Valentine’s Day card at her office in New York. When she opened the big red envelope, there was a funny card inside, plus a 39-page printout listing all the 550 Gitmo prisoners. She told a federal judge about this odd and suspicious delivery. The judge instructed Olshansky to turn everything over to the FBI, whose agents quickly tracked down Diaz. He was arrested and charged with five felony counts, including the disclosure of classified information that could aid America’s foreign enemies.
The modest, soft-spoken Diaz hardly seems like the kind of man who would buck the rules or make trouble. What his story shows, once again, is that the durable old stereotype of the military man who yearns for authoritarian rule and brutality is largely false. Until his court-martial last year, Diaz served as a member of the Judge Advocate General’s Corps, and like a number of his higher-ranking JAG superiors, he has proved that the most reliable defenders of the Constitution these days are not in the civilian ranks of government but among the senior military officers. It was the neoconservative law professors and political bureaucrats who authorized, encouraged and justified the worst depredations against human and constitutional rights, from Abu Ghraib to Gitmo. It was the men and women in uniform who warned against those policies and tried to amend them.
Although his offenses could have sent him to prison for many years, the military jury that convicted him on four of five counts last May sentenced Diaz to six months — a sign, perhaps, that his peers understood what he did and why.
Since his release last autumn, he has received little publicity — aside from a superb New York Times profile by Tim Golden — and he is no longer granting interviews while awaiting appeal. He did speak briefly during the awards luncheon at the National Press Club, where he thanked his attorneys, his family, and the Catholic Worker Movement that sustained him when he left the brig, penniless and homeless. Over a career in the military that spanned two decades, Diaz said, he has won many citations and commendations, but the Ridenhour prize meant the most to him for recognizing “an act of conscience.” He said that he had taken an oath, as a soldier and then a Navy officer, to uphold the Constitution. And he quoted the late Justice Louis Brandeis: “When the government becomes a lawbreaker, it breeds contempt for the law.”
The lawless government of George W. Bush and Dick Cheney prompted Diaz to do something that Joe Margulies, the lawyer of record in Rasul v. Bush, called “illegal but an act of tremendous courage.” The powerful men who bred contempt for the law may or may not ever be prosecuted, but if there is justice in the next administration, Matthew Diaz should be pardoned.
Joe Conason blogs in Salon several times a week and writes a weekly column for the New York Observer. His latest book is "It Can Happen Here: Authoritarian Peril in the Age of Bush." More Joe Conason.
Don’t ask, don’t tell 2.0
Conservatives in Congress are pushing for new ways to keep discriminating against gay and lesbian soldiers
(Credit: AP/David Lewis) People who thought the repeal of “don’t ask, don’t tell” was the final word on discrimination against gay and lesbian soldiers were mistaken. As the House of Representatives debates the National Defense Authorization Act this week, Republicans will push for two amendments to permit the military to discriminate against gay and lesbian service members, using “religious freedom” as a cover.
One amendment, offered by Mississippi Republican Steven Palazzo, would prohibit the use of military property to “officiate, solemnize, or perform a marriage or marriage-like ceremony, involving anything other than the union of one man with one woman,” even on bases in states in which same-sex marriage is legal. Rep. Todd Akin’s, R-Mo., amendment would require the military to “accommodate the conscience and sincerely held moral principles and religious beliefs of the members of the Armed Forces concerning the appropriate and inappropriate expression of human sexuality” and would prohibit “adverse personnel actions” against them.
Continue Reading CloseSarah Posner is the senior editor of Religion Dispatches, where she writes about politics. She is also the author of God's Profits: Faith, Fraud, and the Republican Crusade for Values Voters" (PoliPoint Press, 2008). More Sarah Posner.
America’s real Hunger Games
Young people are already being sacrificed at the whims of the 1%. Just look at Iraq and Afghanistan
U.S. Army soldiers respond after a suicide attack on the US..-led provincial reconstruction team (PRT) compound in the Behsood district of Jalalabad, east of Kabul Afghanistan, on Sunday, April 15, 15 2012. (Credit: AP Phot/Rahmat Gul) When I was growing up, I ate books for breakfast, lunch and dinner, and since I was constantly running out of reading material, I read everyone else’s — which for a girl with older brothers meant science fiction. The books were supposed to be about the future, but they always turned out to be very much about this very moment.
Some of them — Robert Heinlein’s “Stranger in a Strange Land” — were comically of their time: that novel’s vision of the good life seemed to owe an awful lot to the Playboy Mansion in its prime, only with telepathy and being nice added in. Frank Herbert’s “Dune” had similarly sixties social mores, but its vision of an intergalactic world of disciplined desert jihadis and a great game for the substance that made all long-distance transit possible is even more relevant now. Think: drug cartels meet the oil industry in the deep desert.
Continue Reading CloseRebecca Solnit grew up in California public libraries and is thrilled to be revisiting them all over the state as part of the Cal Humanities California Reads project, which is now featuring five books, including her A Paradise Built in Hell: The Extraordinary Communities That Arise in Disaster. More Rebecca Solnit.
Conservatives mad at liberal media, Obama over Afghanistan photos
Confused right-wing responses to a grisly scandal
U.S. Army soldiers from 4-73 Cavalry Regiment, 82nd Airborne Division walk during a mission in Zhary district of Kandahar province, southern Afghanistan April 17, 2012(Credit: REUTERS/Baz Ratner) The L.A. Times Wednesday published photos of American troops in Afghanistan posing and grinning with the body parts of dead Afghan insurgents. There are 18 photos in all of soldiers posing with human remains, all from 2010, and the Times published two of them. The newspaper received the photos from a soldier in the unit depicted, who, according to Times editors, sought to publicize “dysfunction in discipline and a breakdown in leadership that compromised the safety of the troops.”
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
The army’s new photo scandal
Photos released by the LA Times show American troops posing with the corpses of Afghan suicide bombers
In a cropped version of a photo released by the LA Times, a soldier from the Army's 82nd Airborne Division with the body of an Afghan insurgent killed while trying to plant a roadside bomb (Credit: Los Angeles Times) The Los Angeles Times released photos on Wednesday showing American troops posing with the mangled corpses of Afghan suicide bombers, leading the Pentagon to issue a strongly worded statement condemning the actions in the pictures, which were taken in 2010.
The photos were provided to the newspaper by a soldier distressed about the actions of his division. He sent 18 photos saying they pointed “to a breakdown in leadership and discipline that he believed compromised the safety of the troops,” the newspaper wrote. The Army requested the newspaper withhold the images.
Tim Fitzsimons is a freelance print, photo and radio journalist based in Washington, D.C. More Tim Fitzsimons.
Afghanistan syndrome
Today's endless war has overtaken Vietnam in our collective consciousness as America's great military nightmare
Wounded U.S. soldiers lie on the ground at the scene of a suicide attack in Maimanah, the capital of Faryab province north of Kabul, Afghanistan on Wednesday, April 4, 2012 (Credit: AP Photo/Gul Buddin Elham) Take off your hat. Taps is playing. Almost four decades late, the Vietnam War and its post-war spawn, the Vietnam Syndrome, are finally heading for their American grave. It may qualify as the longest attempted burial in history. Last words — both eulogies and curses — have been offered too many times to mention, and yet no American administration found the silver bullet that would put that war away for keeps.
Richard Nixon tried to get rid of it while it was still going on by “Vietnamizing” it. Seven years after it ended, Ronald Reagan tried to praise it into the dustbin of history, hailing it as “a noble cause.” Instead, it morphed from a defeat in the imperium into a “syndrome,” an unhealthy aversion to war-making believed to afflict the American people to their core.
Continue Reading CloseTom Engelhardt, co-founder of the American Empire Project, runs the Nation Institute's TomDispatch.com. His latest book, "The United States of Fear" (Haymarket Books), has just been published. More Tom Engelhardt.
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