Tuesday 20 August 2013

David Miranda's 9-hour detention


White House was given 'heads-up' over David Miranda detention in UK
US says it did not sanction holding Glenn Greenwald's partner at Heathrow, but was told his name was on passenger list


18 August, 2013


Britain was facing intense pressure on Monday to give a detailed explanation of the decision to detain the partner of the Guardian journalist Glenn Greenwald after the White House confirmed that it was given a "heads-up" before David Miranda was taken into custody for nine hours at Heathrow.
As the UK's anti-terror legislation watchdog called for a radical overhaul of the laws that allowed police to confiscate Miranda's electronic equipment, the US distanced itself from the action by saying that British authorities took the decision to detain him.


The detailed intervention by the White House will put pressure on Downing Street which declined to comment on the detention of Miranda on the grounds that it was an operational matter, adding that the Metropolitan police would decide whether its officers had acted in a proportionate manner.
The No 10 position was immediately challenged by David Anderson QC, the independent reviewer of terrorism legislation, who described the detention as unusual, and said that decisions about the proportionality were not ultimately for the police.


He told BBC Radio 4's The World at One: "The police, I'm sure, do their best. But at the end of the day there is the Independent Police Complaints Commission, which can look into the exercise of this power, there are the courts and there is my function."


The prospect of an investigation by the IPCC is likely to have been enhanced by the disclosure that the US authorities were given advanced notice of Miranda's detention after his name appeared on a passenger manifest. Miranda was detained at Heathrow airport on Sunday morning as he flew home from Berlin to Rio de Janeiro where he lives with his partner Greenwald.


During his trip to Berlin, Miranda visited Laura Poitras, the US film-maker who has been working with Greenwald and the Guardian. The Guardian paid for Miranda's flights. Miranda is not a Guardian employee but often assists Greenwald in his work.


Josh Earnest, the principal deputy White House press secretary, said at the daily briefing: "There was a heads-up that was provided by the British government. This is something that we had an indication that was likely to occur but it is not something that we requested. It was something that was done specifically by the British law enforcement officials. This is an independent British law enforcement decision that was made."


Earnest had earlier said: "This is a decision that was made by the British government without the involvement – and not at the request – of theUnited States government. It is as simple as that."


The White House spokesman confirmed that Britain alerted the US authorities after Miranda's name appeared on a passenger manifest of a flight from Berlin to Heathrow on Sunday morning. "I think that is an accurate interpretation of what a heads-up is," Earnest said when asked if the tip was provided when Miranda's name appeared on the manifest.


Earnest declined to rule out whether the US authorities had been passed information from Miranda's electronic equipment seized at Heathrow. Officials confiscated electronics equipment, including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles.


Asked to rule out whether the US had been passed such material, the spokesman said: "I'm not in a position to do that right now."


The move by the White House came as David Anderson called for a review of schedule 7 of the Terrorism Act 2000, which was used to detain Miranda.


He said he hoped MPs would look carefully at the measure. The government is proposing, on the basis of a recommendation from Anderson, to reduce the maximum detention period from nine to six hours. The change is to be made through the antisocial behaviour crime and policing bill.


Anderson said: "At the moment anybody can be stopped under this power. There is no need for the police to believe they are a terrorist or to suspect they are a terrorist. The only reason they can talk to them is in order to determine whether they are a terrorist.


"It seems to me there is a question to be answered about whether it should be possible to detain somebody – to keep them for six hours, to download their mobile phone – without the need for any suspicion at all. I hope at least it is something parliament will look at."


Scotland Yard has refused to be drawn on why Miranda was stopped, using powers that enable police officers to stop and question travellers at UK ports and airports.





More aggressive’: Greenwald 

vows to publish more secrets 

after UK detains partner

Glenn Greenwald, the Guardian journalist who first published secrets leaked by former NSA contractor Edward Snowden, promised Monday to release more documents, saying the UK would be “sorry” for detaining his partner for nine hours.


RT,
19 August, 2013

The journalist’s partner, David Miranda, was held by British authorities under anti-terrorism laws while transiting through London’s Heathrow Airport on his way to Rio de Janeiro on Sunday.

The US government has released a statement saying that British officials told them about their decision to detain Miranda, although Washington denied its own involvement. 
"This is a decision they made on their own," White House spokesman Josh Earnest told reporters at a briefing.
The move by UK authorities sparked a furious response from Greenwald. 
"I have many more documents to report on, including ones about the UK, where I'll now focus more. I will be more aggressive, not less, in reporting,"  said Greenwald, speaking in Portuguese to reporters at Rio de Janeiro's international airport, Reuters reported. 
"When they do things like this, they show the world their real character. It'll backfire. I think they'll come to regret it," he said.
  1. White House won't say whether US tried to discourage UK from detaining @ggreenwald's partner.

A real mystery: suspenseful RT @OKnox White House won't say whether US tried to discourage UK from detaining @ggreenwald's partner.


There was also angry reaction from Brazilian authorities, as well as from journalists and human rights activists in the UK.
The Brazilian government said in statement that Miranda’s detention was “without justification.”
The Guardian said it was dismayed at the detention of Miranda and was “urgently seeking clarification from the British authorities” as to why it happened.
Keith Vaz, a Labor lawmaker who chairs parliament's powerful interior affairs committee, told the BBC that he had written to the head of London's Metropolitan Police to ask for clarification of what he labeled an "extraordinary" case.
Now you have a complaint from Mr. Greenwald and the Brazilian government. They have said that 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,” said Vaz.
U.S. journalist Glenn Greenwald stands with his partner David Miranda as they wait for the lift at Rio de Janeiro's International Airport August 19, 2013. (Reuters/Ricardo Moraes)
U.S. journalist Glenn Greenwald stands with his partner David Miranda as they wait for the lift at Rio de Janeiro's International Airport August 19, 2013. (Reuters/Ricardo Moraes)

Shadow Home Secretary Yvette Cooper said that “swift answers” were needed as to why Miranda was detained for so long. 

Any suggestion that terror powers are being misused must be investigated and clarified urgently - the public support for these powers must not be endangered by a perception of misuse,” she said.
Labour MP Tom Watson called for parliament to look into what he said could be an attempt to “get the genie back into the bottle” when it returns from summer recess in September.
He also questioned whether government ministers had been briefed of the move which he said was“clearly an embarrassment for the government.”
Michael Mansfield, one of Britain's leading human rights lawyers, told Reuters that the action amounted to an act of oppression.
The detention of David Miranda is a disgrace and reinforces the undoubted complicity of the UK in US indiscriminate surveillance of law-abiding citizens. The fact that Snowden, and now anyone remotely associated with him, are being harassed as potential spies and terrorists is sheer unadulterated state oppression," he said.
Widney Brown, Amnesty International senior director of international law and policy, questioned what danger Miranda could possibly be to the UK government.
He was detained under a law that violates any principle of fairness and his detention shows how the law can be used for petty vindictive reasons. There is simple no basis for believing that David Miranda presents any threat whatsoever to the UK government,” she told the Daily Mail.
Journalists groups have also accused the authorities of misusing their powers against "terrorism."
Journalism may be embarrassing and annoying for governments but it is not terrorism,” Bob Stachwell from the Society of Editors told the BBC. 

Is UK a police state? Do Met Police practice guilt by association? Intimidation of journalist's partner. SEE: http://gu.com/p/3t5c7/tw 


Miranda, 28, who is a Brazilian citizen, said he was questioned for nine hours by numerous agents before being released without charge. Authorities seized his laptop, mobile phone, and flash drives.
He said that six British agents questioned him on all aspects of his life and only released him after he started shouting in the airport lounge. He was traveling from Berlin to Rio de Janeiro, Brazil after visiting US filmmaker Lauro Poitras, who has been working on the Snowden files with Greenwald and the Guardian.
The Daily Mail reported that Miranda was carrying USB drives of encrypted documents from Edward Snowden.
Greenwald didn’t confirm what Miranda was carrying but said that only he and Poitras have “copies of the full archives of NSA documents which Edward Snowden gave to journalists, so much of the speculation about what [Miranda] was or wasn’t carrying is misinformed.”
The Metropolitan Police confirmed that a 28-year-old man was held from 08:05 BST until 17:00 BST, under Schedule 7 of the Anti-Terrorism Act 2000, which allows police to hold someone at an airport for nine hours for questioning.
The UK Home Office did not comment on Miranda’s detention, but has defended Schedule 7 in the past.
David Anderson, the official independent reviewer on the UK’s terrorism legislation, said he asked authorities why Miranda was detained for so long. Of the 69,000 people detained under Schedule 7 in 2011-2012, only 40 were held for six hours or more. In most cases, people are released after less than an hour.
Snowden, who has been granted asylum by Russia, gave Greenwald up to 20,000 documents with details about the US National Security Agency and the UK’s GCHQ surveillance operations.


http://www.youtube.com/watch?v=cUgpJISmDoY

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