David Miranda is journalist Glenn Greenwald's boyfriend, but he's best known for being detained under the Section 7 of the UK Terrorism Act while changing planes at Heathrow. The cops held Miranda for nine hours, the maximum allowed under law, without access to counsel, using powers intended to allow the detention of people suspected of connections to terrorism. But it was clear to everyone that Miranda wasn't connected to terrorism — rather, the UK establishment was attempting to intimidate people connected to the Snowden leaks through arbitrary detention and harassment.
Now that Miranda's lawyers are chasing down the people responsible, we're getting a more detailed picture of the process that led up to Miranda's detention. Before a Section 7 detention takes place, British cops have to file a form called a Port Circular Notice, and several drafts of the Notice used to detain Miranda have come to light.
The final draft argues that Miranda should be detained under terrorism law because "…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."
In other words: thoughtcrime.
Section 7 originated under the New Labour government, and was refined and perfected by the Tory/LibDem coalition.
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."
Metropolitan police detained David Miranda for promoting 'political' causes [Jamie Doward/The Guardian]