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Home Front: WoT
Ex-Navy Lawyer on Trial in Gitmo Case
2007-05-15
Paging ex-JAG, paging ex-JAG to the yellow comment box ...
NORFOLK, Va. (AP) - A Navy lawyer accused of passing secret information about Guantanamo Bay detainees sent a human rights lawyer their names and intelligence about them tucked into a Valentine's Day card, prosecutors said Monday.

Lt. Cmdr. Matthew M. Diaz's actions endangered the lives of the detainees and American troops on the front line in the war on terror, prosecutor Lt. James Hoffman said during opening statements in Diaz's court-martial at Norfolk Naval Station. ``This case deals with the deliberate, intentional, conscious release of classified information,'' Hoffman told the jury of seven Navy officers.

But defense attorney Lt. Justin Henderson said that the information was not marked classified and that Diaz had no reason to think the document ``could be used to injure the United States.'' ``We don't expect the evidence will show that Diaz made the right decision. We don't expect the evidence will show he made a wise decision,'' Henderson said. ``He made a decision that was less than forthright, but he did not make an unlawful decision.''
Seems pretty simple to me: if the information was classified, Diaz's opinion -- or Henderson's -- as to whether it would 'injure the United States' is immaterial. Classified means just that.
Diaz was near the end of a six-month stint at the U.S. military base in Cuba when he went to his office the night of Jan. 2, 2005, and used his classified computer to log into a classified military network and accessed a Web database with information about the detainees, Hoffman said. Diaz printed information including the names of 550 detainees, their nationalities, the interrogators assigned to them and ``intelligence sources and methods,'' Hoffman said.
Seems pretty classified to me.
Diaz then ``cut that document into 39 sheets so that the nation's secrets fit inside this card,'' Hoffman said as he held up to the jury a copy of the card, with a big heart and a Chihuahua on the front. He said Diaz mailed the card in an unmarked envelope on Jan. 15, 2005, his last day of duty at the base.
And it seems like he knew it.
Human rights attorney Barbara Olshansky testified that the document in ``this weird valentine'' she received was not marked classified. At the time, Olshansky worked for the Center for Constitutional Rights.
AH-HA! BINGO! The CCR is a quasi-commie, Soros-funded, hard-left organization that has its hands in all sorts of nefarious issues. They've been raising a stink about Gitmo since day one. That's all the proof I need to know that Babbles was on the receiving end of classified information. When does she go on trial?
She said the nonprofit legal group was suing the federal government to obtain the names of detainees because the U.S. Supreme Court had ruled that the detainees had the right to challenge their detention.
And this is how she got the information, since she couldn't get it legally. When does she go on trial?
Olshansky said that she asked the judge in the lawsuit to hold on to the document, but that the judge referred the matter to a Justice Department security officer.
Since the judge knew it was classified information and knew Babbles had gotten it illegally. When does she go on trial?
Olshansky also testified that she never had met or spoken with Diaz and that the center was able to obtain some detainees' names from lists compiled by other organizations, such as Amnesty International.
Baloney, of course. The military investigators need to toss this chick's life and office. Then she needs to go on trial.
Diaz, 41, of Topeka, Kan., worked as a staff judge advocate at Guantanamo Bay, where he provided counsel to the military command in charge of the detention center but was not involved in detainees' cases, the Navy said.
So his logging into a classified computer to get detainee names was immediately suspect, since he had no reason to be around those names. Bet they got a log of his access, which files, etc. He's just plain toast at this point. Wonder if he'll roll over on Babbles?
Diaz is charged with failing to obey a lawful general regulation, engaging in conduct unbecoming an officer by wrongfully transmitting classified documents to an unauthorized person, and turning over to an unauthorized person secret information related to national defense. He originally faced 36 years in prison if convicted, but some charges have been consolidated and the maximum punishment now is 24 years, Navy spokesman Kevin Copeland said. Diaz remains free and is stationed in Jacksonville, Fla.
Posted by:Steve White

#17  "Olshansky has that severe man-hating-lesbo-radical look (so probably not doinking Diaz)"

I would like to hope that idiot made ONE right decision (doink-free zone). Only charitable thought he's gonna get from me.
Posted by: USN. Ret.   2007-05-15 15:57  

#16  ex-JAG, I've seen some scary pix on Rantburg but Olshansky just about made me jump out of my seat.
Posted by: Ebbang Uluque6305   2007-05-15 15:36  

#15  The military investigators need to toss this chick's life and office. Then she needs to go on trial.

I gotta go with the Good Doctor on this one. Both Olshansky and Diaz should be made to rue the day they decided to meddle in America's anti-terrorism program. Simply put, the scumbags in Gitmo have no rights. They abandoned them the instant they went to war against America in civilian mufti. That our military did not shoot all of them on sight is only because of a need to gather intelligence and not any possibility of innocence. Had we executed every single one of these maggots, I doubt the mistake rate would have been over one percent.

Finally, America really needs to begin executing people for treason. Promise these traitors life sentences in exchange for turning then just as swiftly hang them afterwards without any further access to counsel. Betraying one's own country must be made the capital crime it is and the penalty must suitably match that vile deed.
Posted by: Zenster   2007-05-15 15:36  

#14  Nobody says lawyers can't just be stupid. Happens all the time.
Posted by: mojo   2007-05-15 14:44  

#13  I am willing to bet that there will be letters or emails or phone records produced that tie these two losers together prior to the transmittal of the documents. Then they can both hang.
Posted by: USN. Ret.   2007-05-15 14:27  

#12  Cyber Sarge, I'm no expert, but yeah, I'd say was illegal as soon as he formed the intent to distribute the info to unauthorized persons (which could also be persons inside DoD without proper clearance).

I did some digging around, to see if Matt and Barb were law school chums, or lovers, or what, since they seem to be about the same age. Haven't turned up much, other than:

-- Olshansky went to Stanford Law, class of 85
-- Diaz is a member of the Kansas bar, school unknown
-- Olshansky has that severe man-hating-lesbo-radical look (so probably not doinking Diaz)
-- Olshansky received Diaz's valentine while CCR was in the midst of a trial, the goal of which was to get the gov't to release the names. She gave the papers to the judge, saying they came in "this weird valentine," and testified that she never had met or spoken with Diaz." (Link)

If Olshansky is being truthful (big if, I know), it would seem that Diaz read about the lawsuit in the news and took it upon himself to help out. Without being asked, threatened, paid, or otherwise Or perhaps he was. If he's not a moonbat, it's a mystery why he would do this. If he is a moonbat, 24 years isn't enough.
Posted by: exJAG   2007-05-15 11:23  

#11  Lt. Cmdr. Matthew M. Diaz practicing for ACLU role after serving his time?
Posted by: JohnQC   2007-05-15 10:03  

#10  Hey Ex-Jag didn't he cross over into illegal when he printed the list with intent to distribute OUTSIDE Defense channels? I remember something just like that in the statement I signed for my clearence.
Posted by: Cyber Sarge   2007-05-15 10:00  

#9  But I don't know, who are we to say that it wasn't becoming?!

At least for the Air Force...

Navy JAG is in fierce competition with the Navy Medical Corps on who can be the least-military...
Posted by: Pappy   2007-05-15 09:55  

#8  Sounds like his defense is "I am too stupid to judge what can hurt the U.S." Hang this turd from a yardarm even if we have to build one to get it done.
Posted by: Cyber Sarge   2007-05-15 09:55  

#7  Mmmm, Harm is a hunk. But in the real world, the hunks are senior NCOs. Traded my commission for one, and never regretted it. :)

My favorite case of officer misconduct: an O-6 showed up at a US embassy, having lost his passport. He was directed to the attache, a Marine, to whom he presented his military ID and identified himself as an active duty AF colonel.

. . . while in full drag. dress, heels, makeup, long talon nails painted red, hair matted down as if he'd been wearing a wig. The Marine said, no problem sir, we'll get right on it and put you up in the BOQ for the night. "However," he said, nodding at his suitcase, "you may want to stop off in the restroom and, ah, clean up."

So the colonel disappears into the bathroom for ten minutes . . . and comes out looking exactly the same, only he'd taken the red nail polish off. So the attache sighed and escorted him to the BOQ in that condition.

The O-6 was disciplined for conduct unbecoming an officer. But I don't know, who are we to say that it wasn't becoming?! LOL.

Posted by: exJAG   2007-05-15 07:44  

#6  Nope. Same old pink.
Posted by: Nimble Spemble   2007-05-15 07:26  

#5  hummm.... would Dr. White be using new Colors?

>:)
Posted by: RD   2007-05-15 06:51  

#4  Diaz is watching too much TV and thinks he is a hunk like Harm.
Posted by: Jack is Back!   2007-05-15 06:17  

#3  Thank you, exJAG dear. Rantburg University rulez!
Posted by: trailing wife   2007-05-15 04:19  

#2  Total max punishment of 24 years -- good, someone is finally getting serious about this shit. It ought to be a hanging offense, but seeing him celebrate his 60th birthday in prison would be okay too. The military is often far too lenient with officers. And, seeing as these are crimes of moral turpitude, disbarment is likely, regardless of whether he's convicted.

As for Babs: "Suspecting that the document was sensitive, she turned it over to federal authorities." Mm-hmm, since human rights lawyers are so well known for their unflagging sense of civic duty. Sounds like she got what she wanted, then sold him out. Heh.

And now he's pled not guilty and asked for a panel, which will be composed of officers senior to him, and will include some Marines. Dumb, but typical. More trial documents here.

Hadn't heard about this one -- I'll track it. In other traitor news, Watada's new trial is supposed to start June 16. I predict he walks. We shall see.
Posted by: exJAG   2007-05-15 03:37  

#1  It's when I read stories like this I wish McCain had gotten elected back in '00. While I definitely recognize his numerous flaws (amnesty for illegals, McCain-Feingold, etc.), I can't help but think that if he was in the White House, this story would have prominently featured the words "treason", "espionage" and "firing squad".
Posted by: RIcky bin Ricardo (Abu Babaloo)   2007-05-15 02:06  

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