In another assault on the freedom of the press and a naked attempt at intimidation, journalist Glenn Greenwald’s Brazilian partner, David Miranda was detained at Heathrow Airport and questioned for nine hours under Great Britain’s Terrorism Act:
David Miranda, who lives with Glenn Greenwald, was returning from a trip to Berlin when he was stopped by officers at 8.05am and informed that he was to be questioned under schedule 7 of the Terrorism Act 2000. The controversial law, which applies only at airports, ports and border areas, allows officers to stop, search, question and detain individuals.
The 28-year-old was held for nine hours, the maximum the law allows before officers must release or formally arrest the individual. According to official figures, most examinations under schedule 7 – over 97% – last less than an hour, and only one in 2,000 people detained are kept for more than six hours (pdf).
Miranda was released, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles. [..]
While in Berlin, Miranda had visited Laura Poitras, the US film-maker who has also been working on the Snowden files with Greenwald and the Guardian. The Guardian paid for Miranda’s flights.
This was the reaction of Widney Brown, Amnesty International’s senior director of international law and policy:
“It is utterly improbable that David Michael Miranda, a Brazilian national transiting through London, was detained at random, given the role his partner has played in revealing the truth about the unlawful nature of NSA surveillance.
“David’s detention was unlawful and inexcusable. He was detained under a law that violates any principle of fairness and his detention shows how the law can be abused for petty, vindictive reasons.
“There is simply no basis for believing that David Michael Miranda presents any threat whatsoever to the UK government. The only possible intent behind this detention was to harass him and his partner, Guardian journalist Glenn Greenwald, for his role in analysing the data released by Edward Snowden.”
Of course the White House denies ordering the detention or the confiscation of Mr. Miranda’s property, but considering the lies that have been told and the use of “national security” as a reason to cover up the lies and crimes of two administrations, there is certainly good reason to question the veracity of any statements from the White House. Deputy Press Secretary Josh Earnest admitted that the White House was notified in advance of the action.
The detention has caused some outrage in Britain with condemnation and calls for an explanation from the police of why Mr. Miranda was held under the anti-terroism law since there was no little evidence that he was involved in, or connected to terrorism.
Keith Vaz (chairman of the Home Affairs Select Committee) called the detention of Miranda “extraordinary” and said he would be writing immediately to police to request information about why Miranda was held under anti-terrorism laws when there appeared to be little evidence that he was involved in terrorism. [..]
“It is an extraordinary twist to a very complicated story,” Vaz told BBC Radio 4’s Today programme on Monday. “Of course it is right that the police and security services should question people if they have concerns or the basis of any concerns about what they are doing in the United Kingdom. What needs to happen pretty rapidly is we need to establish the full facts – now you have a complaint from Mr Greenwald and the Brazilian government. They indeed have said they are concerned at the use of terrorism legislation for something that does not appear to relate to terrorism, so it needs to be clarified, and clarified quickly.”
Vaz said he was not aware that personal property could be confiscated under the laws. “What is extraordinary is they knew he was the partner [of Greenwald] and therefore it is clear not only people who are directly involved are being sought but also the partners of those involved,” he said. “Bearing in mind it is a new use of terrorism legislation to detain someone in these circumstances […] I’m certainly interested in knowing, so I will write to the police to ask for the justification of the use of terrorism legislation – they may have a perfectly reasonable explanation. But if we are going to use the act in this way … then at least we need to know so everyone is prepared.”
The British anti-terrorist legislation watchdog, David Anderson QC, also called for an explanation from called on the Home Office and Metropolitan police over what is being called a “gross misuse” of the terror law.:
The intervention by Anderson came as the shadow home secretary, Yvette Cooper, called for an urgent investigation into the use of schedule 7 of the Terrorism Act 2000 to detain Miranda. Cooper said ministers must find out whether anti-terror laws had been misused after detention caused “considerable consternation”.
Cooper said public support for schedule 7 of the Terrorism Act could be undermined if there was a perception it was not being used for the right purposes. “Any suggestion that terror powers are being misused must be investigated and clarified urgently,” she said. “The public support for these powers must not be endangered by a perception of misuse.
Laura Poitras, with whom Mr. Miranda was visiting in Berlin and whose work usually involves sensitive national security issues, had recently relocated to Berlin, Germany because of the harassment at US airports.
Glenn Greenwald called the detention of his partner a failed attempt at intimidation:
This is obviously a rather profound escalation of their attacks on the news-gathering process and journalism. It’s bad enough to prosecute and imprison sources. It’s worse still to imprison journalists who report the truth. But to start detaining the family members and loved ones of journalists is simply despotic. Even the Mafia had ethical rules against targeting the family members of people they felt threatened by. But the UK puppets and their owners in the US national security state obviously are unconstrained by even those minimal scruples.
If the UK and US governments believe that tactics like this are going to deter or intimidate us in any way from continuing to report aggressively on what these documents reveal, they are beyond deluded. If anything, it will have only the opposite effect: to embolden us even further. Beyond that, every time the US and UK governments show their true character to the world – when they prevent the Bolivian President’s plane from flying safely home, when they threaten journalists with prosecution, when they engage in behavior like what they did today – all they do is helpfully underscore why it’s so dangerous to allow them to exercise vast, unchecked spying power in the dark.
The press and the supporters of police state tactic of the US and Britain focused on the individuals involved completely miss the heart of this matter, the world wide freedom of the press, the free flow of information and the rights of people’s property and privacy. They are missing the forest for the trees.