At 6:30 am this morning my time - 5:30 am on the East Coast of the US - I received a telephone call from someone who identified himself as a "security official at Heathrow airport." He told me that my partner, David Miranda, had been "detained" at the London airport "under Schedule 7 of the Terrorism Act of 2000."
David had spent the last week in Berlin, where he stayed with Laura Poitras, the US filmmaker who has worked with me extensively on theNSA stories. A Brazilian citizen, he was returning to our home in Rio de Janeiro this morning on British Airways, flying first to London and then on to Rio. When he arrived in London this morning, he was detained.
At the time the "security official" called me, David had been detained for 3 hours. The security official told me that they had the right to detain him for up to 9 hours in order to question him, at which point they could either arrest and charge him or ask a court to extend the question time. The official - who refused to give his name but would only identify himself by his number: 203654 - said David was not allowed to have a lawyer present, nor would they allow me to talk to him.
I immediately contacted the Guardian, which sent lawyers to the airport, as well various Brazilian officials I know. Within the hour, several senior Brazilian officials were engaged and expressing indignation over what was being done. The Guardian has the full story here.
Despite all that, five more hours went by and neither the Guardian's lawyers nor Brazilian officials, including the Ambassador to the UK in London, were able to obtain any information about David. We spent most of that time contemplating the charges he would likely face once the 9-hour period elapsed.
According to a document published by the UK government about Schedule 7 of the Terrorism Act, "fewer than 3 people in every 10,000 are examined as they pass through UK borders" (David was not entering the UK but only transiting through to Rio). Moreover, "most examinations, over 97%, last under an hour." An appendix to that document states that only .06% of all people detained are kept for more than 6 hours.
The stated purpose of this law, as the name suggests, is to question people about terrorism. The detention power, claims the UK government, is used "to determine whether that person is or has been involved in the commission, preparation or instigation of acts of terrorism."
But they obviously had zero suspicion that David was associated with a terrorist organization or involved in any terrorist plot. Instead, they spent their time interrogating him about the NSA reporting which Laura Poitras, the Guardian and I are doing, as well the content of the electronic products he was carrying. They completely abused their own terrorism law for reasons having nothing whatsoever to do with terrorism: a potent reminder of how often governments lie when they claim that they need powers to stop "the terrorists", and how dangerous it is to vest unchecked power with political officials in its name.
Give him a little more time, and I bet Greenwald will turn libertarian. Run-ins with the law seems to have that affect on people. A reason to be optimistic. Its sort of like a natural check against tyranny.
ReplyDeleteGreenwald would say that he is a libertarian - a "civil" libertarian. He can't take the further step to support free markets. Civil libertarians can't seem to see that the state is just as toxic when it regulates the economy, environment, etc., as it is when engaged in total surveillance or war. To the civil libertarian, we need just elect better rulers to create better rules. The state, itself, isn't the problem.
DeleteThe British lapdogs of the American Surveillance State are not only brutal but stupid as well. Glenn, like Ed Snowden, is fearless. Couldn't they foresee what effect harassing his partner would have on him? Another reason why the British and American would-be tyrants deserve everything they get.
ReplyDelete