We’ve previously discussed (here and here) the case of LCDR Matthew Diaz, who was convicted of offenses arising from mailing a classified list of detainees at Guantanamo to a prominent civil liberties lawyer. CAAF yesterday granted review in his case on these issues:
I. WHETHER THE LOWER COURTS MISREAD THE SCIENTER AND NATIONAL SECURITY ELEMENTS OF THE ESPIONAGE ACT.
II. WHETHER THE MILITARY JUDGE ABUSED HIS DISCRETION IN REJECTING AS IRREGULAR APPELLANT’S PROFFERED GUILTY PLEA TO A VIOLATION OF ARTICLE 133.
III. WHETHER THE EVIDENCE OF THE CIRCUMSTANCES UNDER WHICH AN ACCUSED ACTED, INCLUDING HIS MOTIVE, IS RELEVANT TO A CHARGE UNDER ARTICLE 133.
NMCCA’s unpublished opinion in the case is available here. United States v. Diaz, No. NMCCA 200700970 (N-M. Ct. Crim. App. Feb. 19, 2009).