Home

Matthew Diaz

 

Matt Diaz

 

Matthew Díaz is a former officer of the Navy's Judge Advocate General's Corps.  Last year he disclosed the names and serial numbers of the prisoners in Guantánamo, for which he was convicted and sentenced to six months in prison.  This year he won the Ridenhour Prize for Truth-Telling.

 

The 5th Annual Ridenhour Prizes

Matt Diaz & Billy Moyers

 

The 5th Annual Ridenhour Prizes, sponsored by The Nation Institute and the Fertel Foundation, were awarded at a luncheon ceremony on April 3, 2008 at the National Press Club in Washington, D.C. The 2008 Ridenhour Prizes were given to veteran journalist Bill Moyers (Courage Prize), author James D. Scurlock (Book Prize), and former Navy JAG officer Matthew Diaz (Prize for Truth-Telling). Named for the Vietnam era whistleblower Ron Ridenhour, who exposed the truth of the My Lai massacre, the Ridenhour Prizes recognize those who have spoken out on behalf of the public interest, promoted social justice or illuminated a more just vision of society.
 

Here are excerpts of the speeches made by the presenter of this year's prize, law professor Joe Margulies, and the prize recipient Matthew Diaz:

JOE MARGULIES: Molly Ivins left us last year. She reminded us to celebrate what she called the joy of a good fight, a really good fight. And she always cautioned us to leaven the seriousness of our personal convictions and the struggle that we engage in with a certain measure of whimsy.

…but no one can think it is fun when the federal government brings its weight down upon you. And no one can think it is fun when you sit in a courtroom as an accused, and a United States prosecutor points an accusatory finger at your chest and calls you a criminal and tells you that you have betrayed your oath and you have betrayed your country, and you have endangered the safety of the men and women that you swore to share your burdens with. And no one can think it is fun when you have to sit with your heart pounding in your chest as the jury files back into the room with a piece of paper folded in its hands, and that piece of paper holds your fate. And no one can think it is fun when that jury, your peers, pronounces you guilty. And no one can think it is fun when you have to face that same jury that will sentence you for what may be many years; many years that you will be away from your family, your life in tatters, your career ruined.

This is what Matthew Diaz had the courage to bring down upon himself. It is a courage that I do not share. I could never have done what he did…

Matthew Diaz disclosed a set of names. In June of 2004, the United States Supreme Court held in Rasul v. Bush that there are no "disappeareds" in this country, and that the prisoners at Guantánamo Bay have the right to challenge their detention in federal court. But you cannot challenge your detention if you are not known to the world.

Matthew Diaz, at the end of his tour, disclosed the list of names of the people at Guantánamo Bay. Most of them had been in detention already for more than two years. And you should know that that list was not particularly secret. The Red Cross knew everyone on that list. Foreign governments knew everyone on that list. The Washington Post had published the names of almost everyone on that list.

But he put that list in the mail and sent it to the group of lawyers who were engaged in the task of trying to pair prisoners with lawyers to effectuate the right that the Supreme Court had recognized. And for that, Matthew Diaz was prosecuted. He was prosecuted and he was convicted by his country. What Matthew Diaz did was legally wrong and he is the first to admit it. And he has paid a terrible price and he will continue to pay that price for the remainder of his career. But it was also an act of great personal courage during what the Supreme Court euphemistically calls troublous times. And for that, we are deeply in his debt. (Applause.)

So, my friends, please join me in welcoming this year's Ridenhour Truth-Telling Prize winner, Matthew Diaz.

(Standing ovation.)

 

Matt Diaz & Billy Moyers
 

 

MATTHEW DIAZ: Thank you, everyone.  Thank you, Joe. As a matter of fact my defense team during the trial preparations had requested that Mr. Margulies be allowed to testify for the defense, to educate the jury about the goings-on down at Gitmo. Of course the government prosecutors fought our efforts to bring him into my trial. And the military judge ruled against us. So the jury did not have the benefit of his insight and his background in working so hard, as he has, on behalf of all of us, we the people in this country, to ensure that our laws were being recognized and properly enforced.

I'd also like to thank the Catholic Worker Hospitality House out of San Bruno, California. For without them, I probably would not have been able to have a civilian attorney represent me along with my military counsel at my court martial. And after being released from the brig in October with a sudden drop in income -- no income, as a matter of fact -- they assisted in keeping me from being homeless. (Applause.)

Looking at the past winners… of The Ridenhour Prizes, I am honored and truly humbled to be recognized among such amazing individuals: people who are inspirational, people who I'm proud to ask my daughter to emulate. Of all the awards in my life -- and I've received many over my 21-year military career -- this is hands-down my most cherished award. I'm being recognized for an act of conscience.

Like Ron and other recipients of this award, I believe in the Constitution. Granted, this country's history is far from perfect, but we, the people, have accepted this imperfect past and decided to live our lives in accordance with this great document. As an Army soldier and a Navy sailor, I raised my right hand to support and defend this Constitution. The oath of office I took, particularly as a naval officer, required me to support and defend the Constitution of the United States of America against all enemies, foreign and domestic, and… bear true faith and allegiance to the Constitution and the country whose course it directs.

Per this oath, my loyalty is to the Constitution and this nation, not any individuals, military or civilian. I was hired by the Navy because the Navy wanted me for my brain. It surprised me - (laughter) - when they accepted me into the JAG corps. But they hired me for my brain, not my fighting skills…  I was tasked to interpret and apply the law and the regulations we're required to abide by. The law -- as I was taught at the Army's JAG school, when I was pursuing my master's in military law just two short years before being assigned to Guantánamo -- the international law as I was taught…  the law of this nation that's so strongly advocated… that has led other nations, sometimes by force, to observe and to get other nations to comply with these minimal standards.

But with the Constitution, my legal training, the Supreme Court ruling, and my own morality as my compass, it was not long into my tour at Guantánamo before it was clear to me that we were doing things contrary to the law.  As professor Ellen Yaroshefsky of the Cardozo School of Law put it, I was operating in a system that had badly derailed from fundamental norms of justice. It was outrageous that a few unaccountable leaders and their House lawyers could turn everything we stand for in the wrong direction and then lie about it. We are fortunate to have courageous individuals, military individuals, military personnel such as… Geoffrey Corn, a retired Army JAG who is now on the faculty at South Texas College of Law; Admirals Gouder and Hudson, the top Navy lawyers at the JAG Corps during my time in the JAG Corps, inspirational mentors and leaders. We're also fortunate to have …individuals such as principled civilians who have visited Guantánamo and looked closely at the situation there. These courageous individuals, military and civilian, …use their knowledge to reveal the truth rather than subvert it.

For me, I had to act. Who knew when the names of those prisoners would be revealed, if ever? Who knew when the truth about conditions in that prison would become known? I had no choice.

In my many readings about Guantánamo I've come across the following quote that I'd like to share with you… It's from Justice Louis Brandeis:

"Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole of the people by its example. If the government becomes a lawbreaker, it breeds contempt for the law and invites every man to become a law unto itself. It breeds anarchy. To declare that the end justifies the means would bring terrible retribution."

This Supreme Court justice got it.

I'd like to dedicate this award to those who …oppose wayward policies and instead choose the moral, legal, ethical path in fulfilling their duties in defense of the enduring values of this great country we all call home. 

Thanks very much.

(Standing ovation.)

 

 



NOTE: INTERESTED PARTIES SHOULD FEEL FREE TO QUOTE THE FOLLOWING TEXTS IN PART OR IN FULL. ANY SUCH USE MUST INCLUDE ATTRIBUTION TO THE RIDENHOUR PRIZES, AND TO THEIR SPONSORS "THE NATION INSTITUTE" AND THE "FERTEL FOUNDATION."

To read the complete texts:
http://www.nationinstitute.org/p/diaz_margulies_transcript
To read Bill Moyers' acceptance speech for the Courage Prize:
http://www.nationinstitute.org/p/moyers_transcript
The Ridenhour Prizes:
http://www.ridenhour.org
Ron Ridenhour:
http://www.ridenhour.org/about.shtml
The Fertel Foundation:
http://www.fertel.com
The Nation Institute:
http://www.nationinstitute.org