Spying scandal

Metropolitan police detained David Miranda for promoting 'political' causes

Justification for airport detention of partner of Guardian journalist Glenn Greenwald alarms human rights groups and Tory MP

the Guardian,

2 November, 2013

The detention of the partner of a former Guardian journalist has triggered fresh concerns after it emerged that a key reason cited by police for holding him under terrorism powers was the belief that he was promoting a "political or ideological cause".

The revelation has alarmed leading human rights groups and a Tory MP, who said the justification appeared to be without foundation and threatened to have damaging consequences for investigative journalism.

David Miranda is the partner of Glenn Greenwald, the journalist who – often in collaboration with the Guardian – has broken many stories about the extent and scope of spying by the US National Security Agency. Miranda was stopped at Heathrow airport in August and held by the Metropolitan police for nine hours while on his way home to Brazil.

Miranda, it has been claimed, was carrying some 58,000 encrypted UK intelligence documents. He had spent a week in Berlin visiting a journalist, Laura Poitras, who has worked with Greenwald on many of his stories, which have been based on information leaked by the former NSA contractor Edward Snowden.

Now documents referred to in court last week before a judicial review of Miranda's detention shine new light on the Metropolitan police's explanation for invoking terrorism powers – a decision critics have called draconian.

It became apparent during the court hearing that there were several drafts of the Port Circular Notice – the document used to request Miranda's detention under schedule 7 to the 2000 Terrorism Act – before the final version was submitted.

The draft that was finally used states: "Intelligence indicates that Miranda is likely to be involved in espionage activity which has the potential to act against the interests of UK national security. We therefore wish to establish the nature of Miranda's activity, assess the risk that Miranda poses to national security and mitigate as appropriate."

The notice then went on to explain why police officers believed that the terrorism act was appropriate.

"We assess that Miranda is knowingly carrying material, the release of which would endanger people's lives. Additionally the disclosure or threat of disclosure is designed to influence a government, and is made for the purpose of promoting a political or ideological cause. This therefore falls within the definition of terrorism and as such we request that the subject is examined under schedule 7."

Shami Chakrabarti, director of Liberty, said the police assessment represented a "chilling" threat to democracy. "More and more we are shocked but not surprised," she said. "Breathtakingly broad anti-terror powers passed under the last government continue to be abused under the coalition that once trumpeted civil liberties.

"The express admission that politics motivated the detention of David Miranda should shame police and legislators alike. It's not just the schedule 7 detention power that needs urgent overhaul, but a definition of terrorism that should chill the blood of any democrat."

Padraig Reidy of Index on Censorship, which campaigns for free speech, said that the police's justification for Miranda's detention was "very dangerous" for investigative journalism. "The whole point of such journalism is to find stuff the government doesn't want raised," he said. "The message this gives off is 'don't find this sort of stuff, or you will be treated as a terrorist'."

Greenwald was equally scathing, tweeting: "UK govt beats its mighty chest, now explicitly equates journalism with 'terrorism' and 'espionage'."

The home secretary, Theresa May, has criticised the Guardian's decision to publish the Snowden leaks. May has said she agrees with the assessment of Andrew Parker, the head of MI5, that the newspaper had damaged Britain's national security. But Conservative MP Dominic Raab said: "The assertion that national security has been undermined has been bandied around wildly and not explained in any cogent way."

And he questioned the police's handling of the Miranda affair. "If he was behaving in such a nefarious way why wasn't he arrested, charged and bailed?" Raab said. "If he was guilty of putting national security at risk, then why did they let him go?"

Gwendolen Morgan of Bindmans, Miranda's solicitors, said this week's judicial review will focus on whether the use of schedule 7 was disproportionate and whether it was incompatible with the inalienable right to freedom of expression.

"We will argue that draconian counter-terrorism powers were used in our client's case for an improper purpose," Morgan said. "Not to determine whether our client could in any sense be considered a 'terrorist', but rather to retrieve potentially embarrassing journalistic material in his possession."

The impact of Snowden's leaks on national security is expected to be addressed this week when parliament's intelligence and security committee will question the heads of MI6, MI5 and GCHQ in public for the first time.

Snowden ‘may meet whoever he wants’ over Merkel phone hack – Kremlin

RT,

2 October, 2013

The Kremlin, which granted the Edward Snowden asylum in Russia, does not see the whistleblower's contacts with the German parliamentary probe into the alleged NSA surveillance of Chancellor Merkel as a violation of the pledge not to hurt America.

Snowden, who got stranded in a Moscow airport after the US revoked his American passport, was allowed entry to Russia in August. He was given political asylum there on the condition that he would not further damage the US.

But his latest contacts with German investigators, who are looking into the alleged wiretapping of Angela Merkel’s phones, are “clearly damaging US national interests,” a senior White House official told the Russian Kommersant daily on Friday.

Snowden has given assurances many times that he has handed over the entire cache of classified documents to the press, which he took from the US National Security Agency’s networks, while he was in Hong Kong. Washington suspects this may not be true. US officials believe that while staying in Russia, Snowden keeps in touch with journalists around the world and provides them with more material, exposing secret surveillance practices.

The accusations have been dismissed by presidential spokesman, Dmitry Peskov, who assured the newspaper that “nobody allows” Snowden to violate his pledge.

“But he is in Russia after legally obtaining temporary asylum and he is free to meet whoever he wants to – it’s not up to us to obstruct this,” he added in a reference to Snowden’s meeting with German Greens lawmaker, Hans-Christian Stroebele, in Moscow on Thursday.

The Germans are investigating the alleged wiretapping of its leader by American secret services, which was reported by Der Spiegel and Die Welt last week. The reports caused outcry in the country, with many critics branding the NSA’s actions as those worthy of the Stazi, the notorious secret police of Eastern Germany during the Cold War.

Snowden may serve as key witness in the investigation, and may testify in person, if Berlin guarantees that he would be safe from arrest and deportation to the US. Several top German officials, including Interior Minister Hans-Peter Friedrich, said they thought that bringing the whistleblower to the country would greatly benefit the investigation.

This, however, is likely to require a lot of judicial consideration, since his temporary status as refugee in Russia does not allow him to leave the country, his Russian lawyer Anatoly Kucherena said.

Snowden, a former NSA contractor, leaked top secret materials to a select number of journalists, to expose what he believes as unlawful actions of the US government and its allies. The documents, which have been the basis of many scandalous reports in the past few months, detail dragnet gathering of phone and internet data, spying on world leaders, alleged cases of economic espionage by the US and other issues