HOME



Digby's Hullabaloo
2801 Ocean Park Blvd.
Box 157
Santa Monica, Ca 90405



Facebook: Digby Parton

Twitter:
@digby56
@Gaius_Publius
@BloggersRUs (Tom Sullivan)
@spockosbrain



emails:
Digby:
thedigbyblog at gmail
Dennis:
satniteflix at gmail
Gaius:
publius.gaius at gmail
Tom:
tpostsully at gmail
Spocko:
Spockosbrain at gmail
tristero:
Richardein at me.com








Infomania

Salon
Buzzflash
Mother Jones
Raw Story
Huffington Post
Slate
Crooks and Liars
American Prospect
New Republic
Common Dreams
AmericanPoliticsJournal
Smirking Chimp
CJR Daily
consortium news

Blog-o-rama

Eschaton
BagNewsNotes
Daily Kos
Political Animal
Driftglass
Firedoglake
Taylor Marsh
Spocko's Brain
Talk Left
Suburban Guerrilla
Scoobie Davis
Echidne
Electrolite
Americablog
Tom Tomorrow
Left Coaster
Angry Bear
oilprice.com
Seeing the Forest
Cathie From Canada
Frontier River Guides
Brad DeLong
The Sideshow
Liberal Oasis
BartCop
Juan Cole
Rising Hegemon
alicublog
Unqualified Offerings
Alas, A Blog
RogerAiles
Lean Left
Oliver Willis
skippy the bush kangaroo
uggabugga
Crooked Timber
discourse.net
Amygdala
the talking dog
David E's Fablog
The Agonist


Denofcinema.com: Saturday Night at the Movies by Dennis Hartley review archive

01/01/2003 - 02/01/2003 02/01/2003 - 03/01/2003 03/01/2003 - 04/01/2003 04/01/2003 - 05/01/2003 05/01/2003 - 06/01/2003 06/01/2003 - 07/01/2003 07/01/2003 - 08/01/2003 08/01/2003 - 09/01/2003 09/01/2003 - 10/01/2003 10/01/2003 - 11/01/2003 11/01/2003 - 12/01/2003 12/01/2003 - 01/01/2004 01/01/2004 - 02/01/2004 02/01/2004 - 03/01/2004 03/01/2004 - 04/01/2004 04/01/2004 - 05/01/2004 05/01/2004 - 06/01/2004 06/01/2004 - 07/01/2004 07/01/2004 - 08/01/2004 08/01/2004 - 09/01/2004 09/01/2004 - 10/01/2004 10/01/2004 - 11/01/2004 11/01/2004 - 12/01/2004 12/01/2004 - 01/01/2005 01/01/2005 - 02/01/2005 02/01/2005 - 03/01/2005 03/01/2005 - 04/01/2005 04/01/2005 - 05/01/2005 05/01/2005 - 06/01/2005 06/01/2005 - 07/01/2005 07/01/2005 - 08/01/2005 08/01/2005 - 09/01/2005 09/01/2005 - 10/01/2005 10/01/2005 - 11/01/2005 11/01/2005 - 12/01/2005 12/01/2005 - 01/01/2006 01/01/2006 - 02/01/2006 02/01/2006 - 03/01/2006 03/01/2006 - 04/01/2006 04/01/2006 - 05/01/2006 05/01/2006 - 06/01/2006 06/01/2006 - 07/01/2006 07/01/2006 - 08/01/2006 08/01/2006 - 09/01/2006 09/01/2006 - 10/01/2006 10/01/2006 - 11/01/2006 11/01/2006 - 12/01/2006 12/01/2006 - 01/01/2007 01/01/2007 - 02/01/2007 02/01/2007 - 03/01/2007 03/01/2007 - 04/01/2007 04/01/2007 - 05/01/2007 05/01/2007 - 06/01/2007 06/01/2007 - 07/01/2007 07/01/2007 - 08/01/2007 08/01/2007 - 09/01/2007 09/01/2007 - 10/01/2007 10/01/2007 - 11/01/2007 11/01/2007 - 12/01/2007 12/01/2007 - 01/01/2008 01/01/2008 - 02/01/2008 02/01/2008 - 03/01/2008 03/01/2008 - 04/01/2008 04/01/2008 - 05/01/2008 05/01/2008 - 06/01/2008 06/01/2008 - 07/01/2008 07/01/2008 - 08/01/2008 08/01/2008 - 09/01/2008 09/01/2008 - 10/01/2008 10/01/2008 - 11/01/2008 11/01/2008 - 12/01/2008 12/01/2008 - 01/01/2009 01/01/2009 - 02/01/2009 02/01/2009 - 03/01/2009 03/01/2009 - 04/01/2009 04/01/2009 - 05/01/2009 05/01/2009 - 06/01/2009 06/01/2009 - 07/01/2009 07/01/2009 - 08/01/2009 08/01/2009 - 09/01/2009 09/01/2009 - 10/01/2009 10/01/2009 - 11/01/2009 11/01/2009 - 12/01/2009 12/01/2009 - 01/01/2010 01/01/2010 - 02/01/2010 02/01/2010 - 03/01/2010 03/01/2010 - 04/01/2010 04/01/2010 - 05/01/2010 05/01/2010 - 06/01/2010 06/01/2010 - 07/01/2010 07/01/2010 - 08/01/2010 08/01/2010 - 09/01/2010 09/01/2010 - 10/01/2010 10/01/2010 - 11/01/2010 11/01/2010 - 12/01/2010 12/01/2010 - 01/01/2011 01/01/2011 - 02/01/2011 02/01/2011 - 03/01/2011 03/01/2011 - 04/01/2011 04/01/2011 - 05/01/2011 05/01/2011 - 06/01/2011 06/01/2011 - 07/01/2011 07/01/2011 - 08/01/2011 08/01/2011 - 09/01/2011 09/01/2011 - 10/01/2011 10/01/2011 - 11/01/2011 11/01/2011 - 12/01/2011 12/01/2011 - 01/01/2012 01/01/2012 - 02/01/2012 02/01/2012 - 03/01/2012 03/01/2012 - 04/01/2012 04/01/2012 - 05/01/2012 05/01/2012 - 06/01/2012 06/01/2012 - 07/01/2012 07/01/2012 - 08/01/2012 08/01/2012 - 09/01/2012 09/01/2012 - 10/01/2012 10/01/2012 - 11/01/2012 11/01/2012 - 12/01/2012 12/01/2012 - 01/01/2013 01/01/2013 - 02/01/2013 02/01/2013 - 03/01/2013 03/01/2013 - 04/01/2013 04/01/2013 - 05/01/2013 05/01/2013 - 06/01/2013 06/01/2013 - 07/01/2013 07/01/2013 - 08/01/2013 08/01/2013 - 09/01/2013 09/01/2013 - 10/01/2013 10/01/2013 - 11/01/2013 11/01/2013 - 12/01/2013 12/01/2013 - 01/01/2014 01/01/2014 - 02/01/2014 02/01/2014 - 03/01/2014 03/01/2014 - 04/01/2014 04/01/2014 - 05/01/2014 05/01/2014 - 06/01/2014 06/01/2014 - 07/01/2014 07/01/2014 - 08/01/2014 08/01/2014 - 09/01/2014 09/01/2014 - 10/01/2014 10/01/2014 - 11/01/2014 11/01/2014 - 12/01/2014 12/01/2014 - 01/01/2015 01/01/2015 - 02/01/2015 02/01/2015 - 03/01/2015 03/01/2015 - 04/01/2015 04/01/2015 - 05/01/2015 05/01/2015 - 06/01/2015 06/01/2015 - 07/01/2015 07/01/2015 - 08/01/2015 08/01/2015 - 09/01/2015 09/01/2015 - 10/01/2015 10/01/2015 - 11/01/2015 11/01/2015 - 12/01/2015 12/01/2015 - 01/01/2016 01/01/2016 - 02/01/2016 02/01/2016 - 03/01/2016 03/01/2016 - 04/01/2016 04/01/2016 - 05/01/2016 05/01/2016 - 06/01/2016 06/01/2016 - 07/01/2016 07/01/2016 - 08/01/2016 08/01/2016 - 09/01/2016 09/01/2016 - 10/01/2016 10/01/2016 - 11/01/2016 11/01/2016 - 12/01/2016 12/01/2016 - 01/01/2017 01/01/2017 - 02/01/2017 02/01/2017 - 03/01/2017 03/01/2017 - 04/01/2017 04/01/2017 - 05/01/2017 05/01/2017 - 06/01/2017 06/01/2017 - 07/01/2017 07/01/2017 - 08/01/2017


 

This page is powered by Blogger. Isn't yours?

Hullabaloo


Tuesday, April 08, 2008

 
Heroes

by digby

There have been a lot of heroes today on television. The Man Called Petraeus appeared, draped in salad, to testify about the ongoing surging victory in Iraq. At nearly the same moment, President Bush (coincidentally, I'm sure) awarded the posthumous medal of Honor to a brave Navy Seal.

But there is another kind of military hero who isn't going to be fawned over by senators and awarded medals by president Bush --- the military lawyers who risked their careers and freedom to defend the constitution against the lawless actions of the Bush department in this misbegotten War on Terror. And there have been a few.

Scott Horton writes about one of them:

Matthew Diaz served his country as a staff judge advocate at Guantánamo. 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 Guantánamo 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 Guantánamo, 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.


Diaz was arrested and convicted for disclosing "secrets," which Horton points out basically defines everything from the nuclear code to directions to the bathroom in the Bush administration. He spent six months in jail and emerged bankrupt and jobless. The administration is still working to strip him of his law license. The protection of their "secrets" is the main mission of the Bush administration at this point. (And when you think about that, you have to wonder why they are being so passive about this upcoming election...)

Horton goes on to discuss the Yoo and Haynes memos and the obvious contrast between their treatment for destroying the constitution and Diaz for trying to uphold it. He concludes with this:

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.


Yes indeed. And Diaz isn't the only military lawyer who's been a hero in this ongoing nightmare of executive lawlessness. There was Lieutenant Commander Swift, the lawyer in the Hamdan case, who also sacrificed his career doing the right thing. And there is US Attorney Iglesias, a Naval Reserve officer and former JAG lawyer, who blew the whistle on the US Attorney firings. There are others I'm forgetting.

It's taking nothing away from those who do brave things in battle to honor these heroes too. They all took the same oath:

I, [name], do solemnly swear, (or affirm,) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter



.