from A Tale of Three Lawyers by Scott Horton
[.....]
Matthew Diaz served his country as a staff judge advocate at Guant?namo. He watched a shameless assault on America?s Constitution and commitment to the rule of law carried out by the Bush Administration. He watched the introduction of a system of cruel torture and abuse. He watched the shaming of the nation?s uniformed services, with their proud traditions that formed the very basis of the standards of humanitarian law, now torn asunder through the lawless acts of the Executive. Matthew Diaz found himself in a precarious position?as a uniformed officer, he was bound to follow his command. As a licensed and qualified attorney, he was bound to uphold the law. And these things were indubitably at odds.
[Image]
Diaz resolved to do something about it. He knew the Supreme Court twice ruled the Guant?namo regime, which he was under orders to uphold, was unlawful. In the Hamdan decision, the Court went a step further. In powerful and extraordinary words, Justice Kennedy reminded the Administration that Common Article 3 of the Geneva Conventions was binding upon them, and that a violation could constitute a criminal act. One senior member of the Bush legal team, informed of the decision over lunch, was reported to have turned ?white as a sheet? and to have immediately excused himself. For the following months, Bush Administration lawyers entered into a frenzied discussion of how to protect themselves from criminal prosecution.
One of the crimes the Administration committed was withholding from the Red Cross a list of the detainees at Guant?namo, effectively making them into secret detainees. Before the arrival of the Bush Administration, the United States had taken the axiomatic position that holding persons in secret detention for prolonged periods outside the rule of law (a practice known as ?disappearing?) was not merely unlawful, but in fact a rarified ?crime against humanity.? Now the United States was engaged in the active practice of this crime.
The decision to withhold the information had been taken, in defiance of law, by senior political figures in the Bush Administration. Diaz was aware of it, and he knew it was unlawful. He printed out a copy of the names and sent them to a civil rights lawyer who had requested them in federal court proceedings.
[..........]
Lieutenant Commander Diaz reminds us of the powerful words of Justice 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. In a day when the legal profession is disgraced repeatedly by the performance of lawyers in the service of their government, Matthew Diaz is emerging as a hero to many, and as a symbol that for some lawyers devotion to truth, integrity and justice still matters. Indeed, that dedication and willingness to shoulder the burden it can bring, is and will likely be seen by future generations of Americans as the higher form of patriotism.
[..............]
http://harpers.org/archive/2008/04/hbc-90002819
