August 18, 2013 / by emptywheel

 

America’s Closest Ally Declares Glenn Greenwald’s Partner a Terrorist

Glenn Greenwald’s partner, David Miranda, got detained at Heathrow for 9 hours and had his electronic devices confiscated.

David Miranda, who lives with Glenn Greenwald, was returning from a trip to Berlin when he was stopped by officers at 8.30am 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 under an hour, and only one in 2,000 people detained are kept for more than six hours.

Miranda was then released without charge, but officials confiscated electronics equipment including his mobile phone, laptop, camera, memory sticks, DVDs and games consoles.

Aside from the outrage over the treatment of a partner of a British newspaper’s employee, consider what it means that the UK used their terrorism law to detain Miranda (had he been transiting the US, they wouldn’t have needed to use the transparently false claim of terrorism — they can and do subject people to this treatment for no reason all the time).

Does this mean the US and UK are both treating the investigation into the leak of classified information as terrorism now? If so, does that mean the US is using its counterterrorism authorities to investigate Greenwald and Snowden? Have they used the dragnet database to find their contacts?

That might explain why they apparently used the FISA Court — not an Title III warrant — to go after Lavabit.

But it significantly discredits both their effort to counter Greenwald and their counterterrorism efforts. If they’ll use terrorism to prevent further embarrassment, it’s really just a tool to go after dissidents.

Two more thoughts. First, remember that someone already stole a laptop from Greenwald’s home in Rio. I thought it unlikely then that the US or an ally did so. I think the chances are slightly higher now.

Also, I wonder how Dilma Rousseff will respond to this, especially with growing actions in Brazil against US spying. She had been moving away from the sphere of the Bolivarists in Latin America (and has a US state visit planned for this fall). But the British just treated a Brazilian citizen with the same kind of egregious treatment Europe gave to Evo Morales. Will she respond?

Update: In Glenn’s piece on this, he makes it clear that fairly high level Brazilian officials were involved in this, and none too happy about it.

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.

Update: Here’s the statement the Brazilian government has released.

The Brazilian government expresses grave concern about the episode that happened today in London, where a Brazilian citizen was held without communication at Heathrow airport for 9 hours, in an action based in the British anti-terrorism legislation. This measure is without justification since it involves an individual against whom there are no charges that can legitimate the use of that legislation. The Brazilian Government expects that incidents such as the one that happened to the Brazilian citizen today do not repeat.

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Originally Posted @ https://www.emptywheel.net/2013/08/18/americas-closest-ally-declares-glenn-greenwalds-partner-a-terrorist/