A Navy lawyer charged with illegally disclosing classified information while stationed at Guantanamo Bay has waived his preliminary hearing after a key witness for both the prosecution and defense was unable to appear, the Navy Times reported. The witness, Paul Rester, is a civilian with Joint Task Force-Guantanamo, which operates the prison camp at the naval base. Rester was in charge of classification for the material that Lieutenant Commander Matthew Diaz allegedly disclosed to a human rights worker. Rester was reportedly unable to attend the hearing, known as an Article 32 hearing, because of prior commitments. The military was unable to compel him to attend because he is a civilian. Article 32 hearings, used only in the military context, are an opportunity for the judge to weigh the evidence collected against a potential defendant. Mid-Atlantic commander Rear Admiral Rick Ruehe has been appointed to preside over the case. He has the ability to refer Diaz to a court-martial, a lower court-martial, handle the case administratively, or drop the charges, Beth Baker, a spokeswoman for Navy Region Mid-Atlantic, told the newspaper. Diaz is currently charged with four counts of knowingly and willfully printing and communicating classified secret information relative to national defense to a person not entitled to receive such information, and knowingly removing such materials without authority and with intent to retain such materials at an unknown location. The charges relate to allegations that Diaz mailed a secret document containing the names of detainees held at the base, via civilian mail, to a nongovernmental organization. The list of detainee names and prisoner ID numbers is now public, after news organizations filed Freedom of Information Act suits to force the Pentagon to release the information. But the information was fiercely guarded before its release. The name of the organization, and the individual who received the list, has not been made public, though Navy officials have said the individual immediately reported receiving the information to authorities. Diaz also is charged with three counts of failing to obey an order or regulation, and one count of conduct unbecoming an officer. If convicted on all charges, he faces a maximum sentence of over 36 years in prison and dismissal from the Navy.
