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Difference between revisions of "Matthew Diaz"
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| publisher=[[Dallas Morning News]] | | publisher=[[Dallas Morning News]] | ||
| author=[[Brooks Egerton]] | | author=[[Brooks Egerton]] | ||
| − | | date= | + | | date=2007-05-18 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref><ref name=AlJazeera20060831> {{cite news | }}</ref><ref name=AlJazeera20060831> {{cite news | ||
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| title=Officer charged over Guantanamo leak | | title=Officer charged over Guantanamo leak | ||
| publisher=[[Al Jazeera]] | | publisher=[[Al Jazeera]] | ||
| − | | date= | + | | date=2006-08-31 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref><ref name=TheJurist20060830> | }}</ref><ref name=TheJurist20060830> | ||
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| publisher=[[The Jurist]] | | publisher=[[The Jurist]] | ||
| author=[[Joshua Pantesco]] | | author=[[Joshua Pantesco]] | ||
| − | | date= | + | | date=2006-08-30 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref>[[Lieutenant commander|Lieutenant commander]] Diaz was charged in August 2006, and convicted in May of 2007, of 4 counts of improper disclosure of classified information to an individual unauthorized to receive it. | }}</ref>[[Lieutenant commander|Lieutenant commander]] Diaz was charged in August 2006, and convicted in May of 2007, of 4 counts of improper disclosure of classified information to an individual unauthorized to receive it. | ||
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| publisher=[[Virginia Pilot]] | | publisher=[[Virginia Pilot]] | ||
| author=[[Kate Wiltrout]] | | author=[[Kate Wiltrout]] | ||
| − | | date= | + | | date=2007-05-18 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref> Diaz's father Robert Diaz was convicted of murder, when Diaz was a teenager.<ref name=DallasMorningNews20070518/> His father received a death sentence in 1984, and is still on California's [[death row]]. | }}</ref> Diaz's father Robert Diaz was convicted of murder, when Diaz was a teenager.<ref name=DallasMorningNews20070518/> His father received a death sentence in 1984, and is still on California's [[death row]]. | ||
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| publisher=Virginia Pilot | | publisher=Virginia Pilot | ||
| author=Kate Wiltrout | | author=Kate Wiltrout | ||
| − | | date= | + | | date=2006-08-29 |
}}</ref><ref name=InternationalHeraldTribune20070116> | }}</ref><ref name=InternationalHeraldTribune20070116> | ||
{{cite news | {{cite news | ||
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| title=Ex-Guantanamo officer accused of passing secrets to be arraigned | | title=Ex-Guantanamo officer accused of passing secrets to be arraigned | ||
| publisher=[[International Herald Tribune]] | | publisher=[[International Herald Tribune]] | ||
| − | | date= | + | | date=2007-01-16 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref><ref name=TopekaCapitalJournal20070109> | }}</ref><ref name=TopekaCapitalJournal20070109> | ||
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| publisher=[[Topeka Capital Journal]] | | publisher=[[Topeka Capital Journal]] | ||
| author=Sonja Barisic | | author=Sonja Barisic | ||
| − | | date= | + | | date=2007-01-09 |
| accessdate=2007-10-10 | | accessdate=2007-10-10 | ||
}}</ref> | }}</ref> | ||
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| title=United States v. Matthew M. Diaz: Response to government motion requesting an article 39a session and defense motion to suppress evidence | | title=United States v. Matthew M. Diaz: Response to government motion requesting an article 39a session and defense motion to suppress evidence | ||
| publisher=[[U.S. Department of Justice]] | | publisher=[[U.S. Department of Justice]] | ||
| − | | date= | + | | date=2007-03-12 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref>: | }}</ref>: | ||
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| publisher=[[The Jurist]] | | publisher=[[The Jurist]] | ||
| author=[[Jeannie Shawl]] | | author=[[Jeannie Shawl]] | ||
| − | | date= | + | | date=2007-05-09 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref> | }}</ref> | ||
According to documents filed on March 12, 2007 a thirty-nine page list of captives' names was sent to [[Barbara Olshansky]] of the [[Center for Constitutional Rights]].<ref name=UsaVDiaz20070312/> At the time Diaz sent the document to the Center the [[Department of Defense]] had not yet released the captives' identities. | According to documents filed on March 12, 2007 a thirty-nine page list of captives' names was sent to [[Barbara Olshansky]] of the [[Center for Constitutional Rights]].<ref name=UsaVDiaz20070312/> At the time Diaz sent the document to the Center the [[Department of Defense]] had not yet released the captives' identities. | ||
| − | Two official lists of their identities were released on April 20, 2006]] and May 15, 2006.<ref name=DoDList>[http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)], ''[[US Department of Defense]]'', [[April 20]] [[2006]]</ref><ref name=DoDList2> | + | Two official lists of their identities were released on April 20, 2006]] and May 15, 2006.<ref name=DoDList>[http://www.dod.mil/pubs/foi/detainees/detainee_list.pdf list of prisoners (.pdf)], ''[[US Department of Defense]]'', [[April 20]] [[2006]]</ref><ref name=DoDList2> |
| + | {{cite web | ||
| + | | url=http://www.dod.mil/news/May2006/d20060515%20List.pdf | ||
| + | | title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 | ||
| + | | publisher=[[United States Department of Defense]] | ||
| + | | accessdate=2006-05-15 | ||
| + | | quote= | ||
| + | }} | ||
| + | </ref> | ||
===Conviction and sentence=== | ===Conviction and sentence=== | ||
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| publisher=[[The Jurist]] | | publisher=[[The Jurist]] | ||
| author=[[Michael Sung]] | | author=[[Michael Sung]] | ||
| − | | date= | + | | date=2007-05-18 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref>, and sentenced to six months imprisonment, and discharge from the Navy.<ref name=TheJurist20070519> | }}</ref>, and sentenced to six months imprisonment, and discharge from the Navy.<ref name=TheJurist20070519> | ||
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| publisher=[[The Jurist]] | | publisher=[[The Jurist]] | ||
| author=[[Michael Sung]] | | author=[[Michael Sung]] | ||
| − | | date= | + | | date=2007-05-19 |
| accessdate=2007-10-20 | | accessdate=2007-10-20 | ||
}}</ref> He will be allowed to continue to draw his full salary during his imprisonment. | }}</ref> He will be allowed to continue to draw his full salary during his imprisonment. | ||
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| publisher=[[National Public Radio]] | | publisher=[[National Public Radio]] | ||
| author= | | author= | ||
| − | | date= | + | | date=2008-04-10 |
| accessdate=2008-04-14 | | accessdate=2008-04-14 | ||
| quote= | | quote= | ||
Latest revision as of 01:49, 8 September 2012
Matthew Diaz (b. circa 1966) was a lawyer and officer in the United States Navy.[1][2][3]Lieutenant commander Diaz was charged in August 2006, and convicted in May of 2007, of 4 counts of improper disclosure of classified information to an individual unauthorized to receive it.
Contents
Early life[edit]
Diaz entered the Army in 1983 after dropping out of high school.[4] Diaz's father Robert Diaz was convicted of murder, when Diaz was a teenager.[1] His father received a death sentence in 1984, and is still on California's death row.
Military career[edit]
Diaz is reported to be approximately 40 years old, and to have spent most of his adult life in military service.[5][6][7] The Virginia Pilot reports that Diaz served eight years as an enlisted man in the United States Army, prior to being commissioned in the United States Navy's Judge Advocate General Corps. Diaz earned a high school equivalency, and earned enough University credits that he was able to earn a law degree from Washburn University School of Law in Kansas in 1991.[4] He was commissioned into the Navy in 1995, as a member of the Judge Advocate Corps.[4]
Charges[edit]
The charges Diaz faced included[7][8]:
- violating a lawful order under Article 92, UCMJ, to wit: Secretary of the Navy Instruction 5510.36, Chapter 9, Paragraphs 9-3, 9-8, 9-9, and Chapter 10, Paragraph 10-3, Department of the Navy Information Security Program Regulation, by wrongfully failing to properly mail the JDIMS list, by wrongfully mailing the JDIMS list;
- conduct unbecoming an officer under Art. 133, UCMJ, by wrongfully and dishonorably transmitting the JDIMS list to an unauthorized individual, Ms. Olshansky;
- violating 18 U.S.C. § 793 by unlawfully making a print out of the JDIMS list, as well as by knowingly and willfully communicating the JDIMS list—which either LCDR Diaz was authorized to possess or which he was not (the Government has charged both)—to Ms. Olshansky, who was not authorized to receive it; and
- violating 18 U.S.C. § 1924 by knowingly removing the JDIMS list without authority and with the intent to retain the JDIMS list in an unauthorized location, presumably the envelope in which it was mailed.
In August of 2006. Duaz was formally charged with spying, for the unauthorized distribution of classified information about detainees in the Guantanamo Bay detainment camps, in Cuba.[2] Diaz was not directly involved in either the defense or prosecution of the ten detainees who faced charges before the Guantanamo military commissions. He served as a legal advisor to the Office for the Administrative Review of Detained Enemy Combatants, the body authorized to conduct Combatant Status Review Tribunals and Administrative Review Board hearings.
Initially the identity of the organization Diaz passed the document to was kept from the public, as was the contents of the classified document.[9]
According to documents filed on March 12, 2007 a thirty-nine page list of captives' names was sent to Barbara Olshansky of the Center for Constitutional Rights.[8] At the time Diaz sent the document to the Center the Department of Defense had not yet released the captives' identities. Two official lists of their identities were released on April 20, 2006]] and May 15, 2006.[10][11]
Conviction and sentence[edit]
Diaz was convicted on May 17, 2005.[12], and sentenced to six months imprisonment, and discharge from the Navy.[13] He will be allowed to continue to draw his full salary during his imprisonment.
Diaz's contact with the Center for Constitutional Rights[edit]
The Departmen of Defense reports that on October 13 2005 Diaz sent an email to multiple individuals, with a carbon copy to his official Navy email address, that included the email address of Gitanjali Gutierrez @ccr-ny.org.[8] The contact between Diaz and the Center was used as the justification to submit a National Security Letter, leading to the Center's mail, email and phone communication to be intercepted.[8] Gutierrez has asserted attorney-client privilege over her communication with Diaz, and the Center asserts that the DoD is in breach of Military Rule of Evidence 502(a), which protects the communication between a client and his or her lawyers.
Appeal[edit]
In an interview on National Public Radio, following serving his sentence, Diaz said he was appealing his sentence.[14] Diaz said he was unable to practice law, because his liscense had been suspended. His interviewer told the audience Diaz was currently working as a substitute teacher.
References[edit]
- ↑ 1.0 1.1
Brooks Egerton (2007-05-18). "'Moral decision' jeopardizes Navy lawyer's: Officer says he leaked list of terror suspects in the name of justice; now convicted, he could face prison term". Dallas Morning News. http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/051807dnproguantanamo.7b28e8e1.html. Retrieved 2007-10-20.
</li>
- ↑ 2.0 2.1 "Officer charged over Guantanamo leak". Al Jazeera. 2006-08-31. http://english.aljazeera.net/English/archive/archive?ArchiveId=35529. Retrieved 2007-10-20. </li>
- ↑ Joshua Pantesco (2006-08-30). "Navy lawyer charged with leaking secret Guantanamo Bay detainee names list". The Jurist. http://jurist.law.pitt.edu/paperchase/2006/08/navy-lawyer-charged-with-leaking.php. Retrieved 2007-10-20. </li>
- ↑ 4.0 4.1 4.2 Kate Wiltrout (2007-05-18). "Naval officer sentenced to six months in prison, discharge". Virginia Pilot. http://content.hamptonroads.com/story.cfm?story=124924&ran=100515. Retrieved 2007-10-20. </li>
- ↑ Kate Wiltrout (2006-08-29). "Navy lawyer once posted at Cuba base is charged". Virginia Pilot. http://home.hamptonroads.com/stories/story.cfm?story=110037&ran=217653&tref=po. </li>
- ↑ "Ex-Guantanamo officer accused of passing secrets to be arraigned". International Herald Tribune. 2007-01-16. http://www.iht.com/articles/ap/2007/01/16/america/NA-GEN-US-Navy-Lawyer-Secrets.php. Retrieved 2007-10-20. </li>
- ↑ 7.0 7.1 Sonja Barisic (2007-01-09). "Navy lawyer has ties to Topeka". Topeka Capital Journal. http://www.cjonline.com/stories/010907/loc_136494828.shtml. Retrieved 2007-10-10. </li>
- ↑ 8.0 8.1 8.2 8.3 United States v. Matthew M. Diaz: Response to government motion requesting an article 39a session and defense motion to suppress evidence. U.S. Department of Justice. URL accessed on 2007-10-20.
- ↑ Jeannie Shawl (2007-05-09). "Jury selection begins in Guantanamo names court-martial". The Jurist. http://jurist.law.pitt.edu/paperchase/2007/05/jury-selection-begins-in-guantanamo.php. Retrieved 2007-10-20. </li>
- ↑ list of prisoners (.pdf), US Department of Defense, April 20 2006
- ↑ List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006. United States Department of Defense. URL accessed on 2006-05-15.
- ↑ Michael Sung (2007-05-18). "Former Guantanamo military lawyer convicted of leaking detainee names". The Jurist. http://jurist.law.pitt.edu/paperchase/2007/05/former-guantanamo-military-lawyer.php. Retrieved 2007-10-20. </li>
- ↑ Michael Sung (2007-05-19). "Former Guantanamo military lawyer sentenced to 6 months for leaking names". The Jurist. http://jurist.law.pitt.edu/paperchase/2007/05/former-guantanamo-military-lawyer_19.php. Retrieved 2007-10-20. </li>
- ↑ "Ex-Navy Lawyer explains Guantanamo leak". National Public Radio. 2008-04-10. http://www.npr.org/templates/story/story.php?storyId=89538109. Retrieved 2008-04-14. </li> </ol>
- ↑ 2.0 2.1 "Officer charged over Guantanamo leak". Al Jazeera. 2006-08-31. http://english.aljazeera.net/English/archive/archive?ArchiveId=35529. Retrieved 2007-10-20. </li>
